Q: Do both parties get in trouble for sexting, both are 14..
My 14 year old daughter was sexting with a 14 year old boy, he asked for inappropriate photos and sadly she sent them. The boy then turned her in because she wouldn't do anything else. I am told police confirmed the photos are still there (a week and a half later they interviewed the boy) after i complained there was no actual proof when i was originally told a teacher was shown. My daughter's phone has been confiscated, boys was not however, she is the only one receiving a citation, fine, court ordered counseling or any repercussions for this incident at all. I agree she should have consequences absolutely and she isn't trying to lie about it, but I also feel both parties should. What are the laws on this?
Thank you in advance..
A:
It depends on exactly what your daughter was charged with. When you say a "citation," that tells me that things may be happening before your local Magisterial District Judge ("MDJ") -- versus, say, a referral to juvenile court and a formal petition for delinquency. If so, the MDJ doesn't have the legal ability to order (and enforce) "court ordered counseling" like you say, so it's a bit confusing exactly where in the judicial system your daughter's case is. A citation is like a traffic ticket: it's a summary offense, and covers things like disorderly conduct, harassment, public drunkenness, etc. Low-level offenses. It could be that your daughter is just being charged with disorderly conduct via a non-traffic citation at the MDJ level.
Ultimately, however, the discretion lies with the police officers whether or not to institute court proceedings -- esp. for low-level offenses. They'll do their investigation and then decide what direction to go. It could be that they reviewed the text messages of both kids and decided that the "more guilty" party was your daughter (despite what she may have told you), and so decided not to take any action against the other kid. Who knows? If you haven't talked to the police officer who charged your daughter, perhaps pick up the phone and do so. I'm sure you'll get your answer directly from the source.
Best of luck to you and your daughter. If you're in the southeastern PA area and you'd like to further discuss this matter, feel free to contact me offsite.
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