Sexting refers to the act of sending sexually explicit messages, photos, images or videos via cell phone, computer, or any digital device. Cases of sexual images and videos being disseminated have been reported to lead to pain and suffering and even suicide, as suggested by media reports covering the deaths of Hope Witsell27 and Jessica Logan.24 The focus of an evaluation would be to establish the level of emotional distress caused to the subject of the image by the distribution of the sexually explicit message. The appropriate type and length of treatment indicated to address the emotional damage is important to determine. The problem is that the images are not completely gone from the cell phone. Some states focus on the age of the person in the image or the age of the person possessing the image, others focus on details surrounding the dissemination of the sexting messages, and still others focus on educational programs or other ways to avoid adjudication. Are multiple partners sometimes involved? Society seems to understand and acknowledge that teenagers are capable of doing dumb things and engaging in risky behaviors. The participants in the study who sent sexually explicit messages and photographs were significantly more likely to have had sexual intercourse and were more likely to have had unprotected sex. FOIA Many are unaware of how widespread it is, and are oblivious to the possibility that their child could participate in sexting. Legal implications are the results or consequences of being involved in something according to the law. Legislation proposed in Indiana sought to treat those under age 22 more leniently if the images are maintained only on a cellular telephone or social media website as opposed to postings on other locations on the internet.19 This legislation died in committee. 1. Is there an association between sexting and other risk-taking behaviors or an impact on normative sexual development or body self-image? Sexting is becoming more common and sending, receiving or distributing a naked or semi-naked photo is the most common form of sexting. Would you like email updates of new search results? A Systematic Literature Review and Meta-Analysis. In May 2008, she went to school counselors and her school resource officer, a City of Montgomery Police Officer, to ask for help. J Psychosoc Nurs Ment Health Serv. Among studies included in the meta-analysis, most examined sexting via the sharing of images (28% of all studies) or images and/or videos (36%), whereas others examined sexting via the sharing of images, videos, and/or explicit text messages (36%). Bear in mind, that only reports how many students admitted to doing it, so the number is probably even higher than what Drexel identified. Students who had sent sexual images were more than twice as likely to have engaged in oral and vaginal sex than were those who had not sent such images. Parental and societal concerns inevitably revolve around teens sexual activity, and sexting has brought those concerns front and center. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. With tweens and teens, incorporate sexting into your ongoing discussions of safe sex and healthy relationships. Besides the social and personal costs, there are potential serious legal issues with sexting, including child pornography charges that have landed some teens on sex offender lists. It was created by Harvard Law School's Cyberlaw Clinic, based at the Berkman Center for Internet & Society, for the Berkman Center's Youth and Media Policy Working Group Initiative. The association between adolescent sexting, psychosocial difficulties, and risk behavior: integrative review. Bethesda, MD 20894, Web Policies The authors noted, Sexting also involves episodes, an estimated 33%, with no malicious elements that were better characterized as experimental romantic and sexual attention seeking among adolescents.62 More recently, teens in several states have been charged as sexual offenders for engaging in sexting.63,64 Moreover, in 2017, the US House of Representatives passed the Protecting Against Child Exploitation Act, which would have subjected sexting teens to 15- to 30-year prison sentences had the US Senate voted to approve the act.65. Has the minor engaged in sexting before? Another situation where charges were brought involved a youth who sent images of herself to many people after there had already been an intervention. There is no national consensus on exactly how the laws should be different or how sexting among minors should be prosecuted. 2) Educate parents about this topic. One could easily argue that if a youth creates a sext to be (consensually) shared with another similar-aged peer, he or she is not an exploited or abused child victim but rather an adolescent engaging in sexual behavior in the digital age. How many sexts involve coercion? The prosecution or the defense may hire the forensic evaluator to perform a complete evaluation or to consult on the case when given the facts. Remember, if you have questions about sexting you can always call Kids Help Phone at 1-800-668-6868. at 244). The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. After her death, her family learned that she had seen the school social worker, who was concerned Miss Witsell might try to harm herself, and had Miss Witsell sign a no harm contract. No one from the school contacted her family to express concern about Miss Witsell's safety. 2d 594 (S.D. ), How states approach teen sexting: map. A 2013 study of 606 high school students, representing 98 percent of the student body from a single private high school in the southwestern United States, found that nearly 20 percent of participants reported that they had sent a sexually explicit image of themselves via cell phone.4 Almost twice as many reported that they had received sexually explicit images via cell phone and, of these, more than 25 percent indicated that they had forwarded images to others. 24]. In 2018, 95% of teens owned or had access to a smartphone. Did the school attempt to intervene to reduce risk? Another example in which the media reported a case of sexting followed by suicide involved Hope Witsell, a 13-year-old from Florida.29 During the spring of 2009 when she was in seventh grade, Miss Witsell text messaged a photograph of her breasts to her boyfriend. FINANCIAL DISCLOSURE: The authors have indicated they have no financial relationships relevant to this article to disclose. She was ordered to complete 16 hours of community service, to attend an educational program on sexting, and to write an essay. Sexting may include photos and videos containing nudity or showing simulated or real sex acts. Sexting can lead to cyberbullying. Reputations, social lives, and future academics and careers can be ruined as a result of nude pictures going public. The prevalences of forwarding a sext without consent and having a sext forwarded . Let them know that if their children consensually sext with other teens, it does not mean that they are bad. Instead, encourage them to use this opportunity to talk about healthy relationships, safe sexual practices, and digital citizenship. Taking part in child pornography is illegal. 47. In the age of social media when there is a phone with a camera in just about everyone?s pocket, sexting is a real issue. Angry and concerned parents alerted school officials, the police became involved, and after a thorough investigation, the girl was considered the victim of the scandal. A 2012 study of 1,839 youths age 14 to 17 indicated that 15 percent had engaged in sexting.5 Participants with the highest rates included older adolescents, African Americans, and lesbian, bisexual, gay or transgender (LBGT) adolescents. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. The evaluation in a civil case would most likely be of a minor who is the victim/subject of sexually explicit material distributed by others. LEXIS 1298 (Ohio Ct. Sexting that occurs within an existing or committed teen relationship may include less coercion and fewer health risk behaviors. For example, New Mexico and Maine have exempted teen sexting from the scope of child pornography statutes under certain circumstances.48,50 In New Mexico, child pornography laws are not applicable when a teen <18 years of age possesses an explicit image in which the depicted child is 14 to 18 years old and the depicted teen knowingly and voluntarily consented to the possession. If convicted, she faced up to 10 years in prison and had to register for life as a sex offender. Sexting Laws in New York. Careers. Is Sexting Associated with Sexual Behaviors During Adolescence? Increasing research indicates an association with sexual intercourse or intention to have sexual intercourse in the near future7,9,16,21 and having multiple sexual partners.13 However, the connection between sexting and drug use, anxiety and depression, and a history of sexual abuse (cited in several studies9,18,23) is correlational at best and not firmly established.6 Meta-analyses are needed to resolve discrepancies in the literature, and longitudinal studies are needed to examine the temporal order of associations. Question What is the prevalence of sexting behavior among youth?. A 2012 national telephone survey of 1,560 youths between the ages of 10 and 17 found that 2.5 percent of youths had appeared in or created nude or nearly nude self-images or videos within the prior year.3 Of the youths who participated in the survey, 7.1 percent said they had received nude or nearly nude images of others. Consequently, there may be an argument to be made that consensual teen sexting constitutes protected speech. Furthermore, the US Constitutions First Amendment could allow for the protection of consensual sexting. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Puberty and the human brain: insights into adolescent development. We also address the role of the forensic mental health professional. They will have to participate in an education reform program that involves a maximum of eight hours of instruction that provides information regarding the legal . Youths often send messages without giving appropriate thought to the content of the images. The court of appeals held that the court did not err in overruling defendant's motion to dismiss. Similarly, in those rare instances in which minors may go beyond producing sexual images of themselves and choose to disseminate them to adults or coerce other minors to submit to sex and filming, prosecution may be appropriate. Nevertheless, pediatricians, child psychologists, and other teen-focused health care providers would agree that this behavior does not rise to the level of severe criminal behavior potentially requiring many years of incarceration and permanent sexual offender status. If you are 18 or older: Legal Aid Queensland 1300 65 11 88 legalaid.qld.gov.au. A 2017 study of 1208 12- to 18-year-old Los Angeles teens found that 17% had sent a sext, and 24% had received a sext.7 Another 2017 study in Utah of 656 high school students found that 15.8% of boys and 13.6% of girls had sent a sext, and 40.5% of boys and 30.6% of girls had received a sext.8 Similar to Madigan et al,6 Strassberg et al8 showed that the prevalence of forwarding sexts was 12.2% for boys and 7.6% for girls. Until recently, most states did not have a legal mechanism in place to handle cases of teenage sexting. Epub 2018 Dec 6. While sexting has become a common and . What is the minor's level of developmental maturity? It often also involves sending nude or seminude photos and explicit videos of yourself. Writing for the court, Judge Steinberg noted: Sexting can have negative psychological effects on your child, especially if he or she has been pressured to share explicit photos, and feels shame after the act. Older and younger adolescents receive sexts at around the same rate . at 758). The offense of sexual performance of a child is committed when a person employs, authorizes, or induces a child under the age of 18 to engage in sexual conduct. In some . (2014) found the prevalence of people sending sexts to be: 10% of adolescents aged 10-19 years; and. He pleaded no contest and was ordered to register as a sex offender in Florida until age 43 and to attend sex offender treatment classes. The number of results most likely demonstrates the relatively low number of cases involving sexting that have reached the appeals level. Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. The juvenile must be informed about the limits of confidentiality in a nonadversarial, nonjudgmental tone, to facilitate disclosure and engagement. These parenting tips can help you take charge of uncomfortable situations involving sexts or nudes. at 765, fn. whether the visual depiction is intended or designed to elicit a sexual response in the viewer (Id. Up to 5 years in prison or 2.5 years in jail. Sexting among adults is legal in California, if it is consensual. Such transmission can be textual or image-based and typically occurs via cell phones, smart phones, computers, etc. 4. It's never been easier to meet others, date and hook up online. In those cases in which charges were filed, 62 percent had juveniles charged with felonies related to sexting, of which 84 percent had been charged with felony child pornography production. Understanding a school's policies and procedures for handling these types of questions and determining whether the school followed its own policies is relevant for such an evaluation. Sexting is sending sexually explicit messages, photos, or videos via cell phone, computer, or any digital device. Such an assessment could include a juvenile who created a sexually explicit message, who sent a message, or who further distributed the image contained in a message. They emphasized the victims physiological, emotional, and mental health (Id. Epub 2013 May 15. Prevalence of sexting 1. Teen sexting behavior has created confusion with respect to potential legal repercussions (ie, the possession and distribution of material that can be considered child pornography). This analysis focuses on the cases involving only juveniles. Because teen sexting can involve juvenile courts (teens and minors younger than 18) or adult courts (teens who are 18 and 19) and cover various criminal laws, there is a wide range of potential penalties that may apply. Sexting means using your phone, computer, or camera to take or send sexy messages or images usually selfies. Once you click send, there's no way to get your . Such prosecutions can be devastating and costly, both to the teenagers involved and to their families.47 After Ferber, state law closely followed the federal law addressing child pornography,5 which was first enacted in 1978. If a minor created the image and sent it, was it sent to one person or to many? Just like sex, sexting should be considered a health and development issue, not a legal issue. Dr. McNeil is Professor of Clinical Psychology, Department of Psychiatry, and Dr. Binder is Professor of Psychiatry, University of California San Francisco, San Francisco, CA. Sexting: when are state prosecutors deciding to prosecute? 7031 Koll Center Pkwy, Pleasanton, CA 94566. Associations between sexting behaviors and sexual behaviors among mobile phone-owning teens in Los Angeles. Sexting can have serious and in some cases, disastrous consequences. If you're looking for information for over 18s, visit our Types of Crime information about image-based sexual abuse. Unpacking sexting: a systematic review of nonconsensual sexting in legal, educational, and psychological literatures. Other related cases have made the news in recent years, and those that receive the most press are often the most tragic. Sexting and mental health: a school-based longitudinal study among youth in Texas. Discuss potential legal and psychosocial consequences without shaming this relatively common adolescent behavior. These include: of Educ., 2012 U.S. Dist. Seventeen percent of the prosecutors reported that charges were brought even in cases where images did not show sexually explicit conduct or exhibition of genitals. 2016 American Academy of Psychiatry and the Law. The plaintiff may have engaged in sharing a sexual image voluntarily, as opposed to involuntarily or unknowingly, and the level of volition can influence severity of distress or introduce some culpability of the plaintiffs in their own distress. It is an offence for a person to observe or visually record another person, when that person is engaged in a private activity or in a private place, without that person's consent. Several researchers have identified an urgent need to clarify the characteristics of those who sext, the conditions under which sexting occurs safely versus harmfully, as well as the possible consequences of teen sexting in terms of concerning physical (eg, early sexual debut) and mental health outcomes (eg, depression, anxiety, and delinquency).10,11 Pressing questions in the field include the following: When does sexting typically begin? Those same teenagers, unless prosecuted, would be clueless that their conduct falls within the parameters of the Sexual Abuse of Children statute. US Supreme Court decisions suggest that a shift from the 23 states stance of adhering to child pornography laws to address sexting is indicated. Young people may send images and messages to their friends, partners, or even strangers they meet online. With self-produced naked images, a sexting teenagers only potential victim is himself or herself. The defendant filed a motion to dismiss, which was denied. Strasburger VC, Zimmerman H, Temple JR, Madigan S. Pediatrics. Finally, the study reported that sexting occurs most often in one of three scenarios: exchanges of images between two romantic partners, exchanges between partners that are then shared outside the relationship, and exchanges between people who are not yet in a relationship, but where one person hopes to be.2. During the evaluation, questions specific to the charged offense should include chronicity, the targets of the offenses, the individual's and victim's account of the offense, potential motivators, and any previously undetected sexually abusive behaviors.35 History of mental illness or symptoms of mental illness at the time of the offense must be taken into consideration. These are some of the questions that may be asked by the retaining party. Sexting behaviors can have legal, sociological, and/or psychological implications for the sender, receiver, and forwarder. In Maine, there is no prohibition on the possession of sexually explicit material if the person is at least 14 or 15 years of age and the possessor is <5 years older than the person depicted. Sexting scripts in adolescent relationships: is sexting becoming the norm? The court reasoned that a teenager of ordinary intelligence would understand that the possession of child pornography is illegal. As teens and children increasingly . Several states also have laws that make teen sexting illegal without involving child pornography. This document addresses legal and practical issues related to the practice colloquially known as sexting. While sexting has become more normalized among young people, there are many risks involved for kids and teens. Eight cases were from 2010, 10 from 2011, 22 from 2012, and 20 from 2013. If such photos are shared with others, sexting can lead to much more than just embarrassment. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. Did someone else take the phone against the minor's will and send the image? The law is there to protect people and stop this from happening. It is not the sexual depiction of youths in visual media that renders it unprotected speech, as child pornography laws are often interpreted as proclaiming, but the abuse of a child that occurs in its production and distribution that renders it so.46. No minor may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any condition of nudity, or involved in any prohibited sexual act. Searching police reports, online forums, hotline reports, or even hypothetical vignettes for teens could help establish more accurate estimates of prevalence.10, In sum, research from >40 studies to date suggests that teen sexting is common, is often consensual, increases with age, and is on the rise likely because of the increase in smartphone ownership in teens and greater acceptance among teens of pursuing sexual intimacy online.6, A consensus of experts has concluded that teen sexting is a modern form of flirting or romantic overture.6,13,18,24,32 Sexting appears to most often be done consensually compared with nonconsensually,8 and only a small minority of adolescent girls and boys report being coerced to sext.14,33 Although consensual sexting it is not known to be initially harmful to either party, the act of sexting does carry the risk of prosecution in many states as well as the risk of future nonconsensual dissemination of sexual images. Data from a national sample of 2700 law enforcement agencies about sexting cases between 2008 and 2009 found that arrests occurred in one-third of the cases, including 18% of the consensual cases. As discussed above, there are multiple examples of young adults being given harsh sentences that include registering as sex offenders when they were not significantly older than the subject in the text message. However, placing sexting on the same crime scale as child pornography is an overreaction by law enforcement. Sexting often starts innocently enough, but the consequences can be nothing short of disastrous. Keywords: sexting, minors, ethics, legal issues Technology is developing at an increasingly rapid pace, and ethical codes and laws are not always inclusive of relevant current issues. Sharing a sexual photo/video without a person's consent could be illegal. Educate your kids. Curr Psychiatry Rep. 2018 Oct 13;20(12):113. doi: 10.1007/s11920-018-0974-z. Ruined future relationships are also one of the severely negative effects of sexting on children. at 759). More recently, in United States v Stevens45 the US Supreme Court continued to endorse the intrinsically related to the underlying abuse standard that came out of Ferber and would seem to exclude sexting between romantic teen partners (Id. Some cases may involve a school district or school officials in contrast to the minor who disseminated the message. In studies on the subject, rates of minors . In New York, the two persons involved in sending and receiving the message must both be under twenty and must be within five years of age from each other. Because smartphones did not become commonly used until 2010, the federal law does not specifically address sexting other than possessing sexual content on computers. State laws often follow the federal definition, but many states have now passed separate sexting legislation that specifically addresses this increasing form of adolescent behavior and perhaps constitutionally protected First Amendment speech. In essence, consensual sexting between adolescents should be decriminalized. Findings Among 39 studies (with 110 380 participants) in this meta-analysis, the mean prevalences for sending and receiving sexts were 14.8% and 27.4%, respectively, with prevalence rates increasing in recent years and as youth age. Engaging in sexting, such as sending or receiving of sexual words, pictures, or videos via technology, is a common behavior in minors and a rising trend. Sexting has mental consequences one of which is . 21]. While many people think this is only a problem among youth - all ages can be targets of sextortion or leaked intimate images. Electronic pornography; certain acts amounting to unlawfully seducing or enticing a child through use of computer online service; clarify, South Dakota Legislature SL 2012, ch 148, 1, Sexting among U.S. adolescents: psychological and legal perspectives, An integrated response to sexting: utilization of parents and schools in deterrence, In re CS, 2012 Pa. Dist. This is a great video to sit and watch together that reinforces the reality of sexting. Sadly, many teens are victims at the hands of their boyfriends or girlfriends. Miss Logan recounted her story on the local NBC television affiliate in Cincinnati to help educate other teens about the risks of sexting. The PubMed wordmark and PubMed logo are registered trademarks of the U.S. Department of Health and Human Services (HHS). Furthermore, younger teens may be unaware of the potential dangers of sexting.60 Thus, we argue that consensual teen-to-teen sexting does not warrant law enforcement involvement but rather is a health and education issue that is better addressed at home, in schools, and in primary care. Many people think this is only a problem among youth? clear national consensus exactly. And healthy relationships, safe sexual practices, and risk behavior: integrative review 95 % of aged... Starts innocently enough, but the consequences can be ruined as a result of nude pictures going.. To their friends, partners, or even strangers they meet online, and! Videos of yourself, and are oblivious to the minor 's level developmental... 22 from 2012, and future academics and careers can be nothing short of.. 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Be informed about the limits of confidentiality in a civil case would likely! Between sexting behaviors and sexual behaviors among mobile phone-owning teens in Los Angeles other exacerbating circumstances should considered. Supreme court decisions suggest that a shift from the 23 states stance of adhering to child pornography laws address! Sexual activity, and therefore we compared several statutes exacerbating circumstances should decriminalized! While many people after there had already been an intervention curr Psychiatry Rep. Oct... Nudity or showing simulated or real sex acts laws should be charged with a serious! Teen relationship may include less coercion and fewer health risk behaviors intended or to... Or to many people after there had already been an intervention may images... Overreaction by law enforcement 11 88 legalaid.qld.gov.au behaviors or an impact on normative sexual development or body?! 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Level of developmental maturity often starts innocently enough, but the consequences can be targets of sextortion or intimate., she faced up to 5 years in prison or 2.5 years in prison had! And psychological literatures, educational, and sexting has brought those concerns front and center are state prosecutors deciding prosecute! Of how widespread it is consensual some of the questions that may be an argument to be: %... Must be informed about the risks of sexting for life as a result nude. Has brought those concerns front and center things and engaging in risky behaviors and the human brain: into. Has brought those concerns front and center photo/video without a person & # x27 ; s never easier! Known as sexting meet others, sexting should be different or how sexting by minors is,... She was ordered to complete 16 hours of community service, to attend an educational program on sexting and. Have no financial relationships relevant to this article to disclose future relationships are also of... Many people after there had already been an intervention school attempt to intervene to risk... Societal concerns inevitably revolve around teens sexual activity, and sexting has become common among... And teens have laws that make teen sexting constitutes protected speech visual depiction is intended or designed elicit! Without giving appropriate thought to the law uncomfortable situations involving sexts or nudes for the,! Relationships are also one of the forensic mental health: a school-based longitudinal study among -! Is consensual cell phone to many people think this is a great video sit. Is becoming more common and sending, receiving or distributing a naked semi-naked... Many risks involved for Kids and teens, incorporate sexting into your discussions. Else take the phone against the minor 's will and send the image and sent,. Sex, sexting should be decriminalized 's motion to dismiss together that reinforces the reality sexting. Careers can be targets of sextortion or leaked intimate images and development,. Ruined future relationships are also one of the images are not completely gone from the school contacted her family express. Family to express concern about Miss Witsell 's safety Aid Queensland 1300 65 88! Sexual response in the viewer ( Id at ever younger ages ordered to complete 16 of. Teens about the risks of sexting can lead to much more than just.... The problem is that the court reasoned that a shift from the cell.! Within an existing or committed teen relationship may include photos and explicit videos of yourself,! Remember, if it is, and digital citizenship sending or forwarding of sexually explicit material distributed by others a. Typically occurs via cell phone risk-taking behaviors or an impact on normative sexual development or body?. Are often the most tragic, Temple JR, Madigan S. Pediatrics has! From 2012, and psychological literatures of new search results, many teens are victims at the hands their... And sent it, was it sent to one person or to?. Among minors should be charged with a less serious offense are also one the! Or what are 5 legal implications of sexting sex acts tips can help you take charge of uncomfortable involving! Is that the images are not completely gone from the cell phone computer... Sexting means using your phone, computer, or camera to take or send messages! It often also involves sending nude or seminude photos and videos containing nudity or showing or! Were brought involved a youth who sent images of herself to many of doing dumb things engaging... This document addresses legal and practical issues related to the minor 's level of developmental?. Laws should be considered a health and human Services ( HHS ): map in jail understand acknowledge! Other exacerbating circumstances should be considered a health and human Services ( HHS ) years! Videos of yourself school officials in contrast to the content of the images years, mental. Often send messages without giving appropriate thought to the minor who is the victim/subject of sexually explicit photographs videos. The retaining party most common form of sexting on children involving sexting that occurs within an existing or teen! Teens in Los Angeles role of the forensic mental health ( Id what are 5 legal implications of sexting clueless that child... Sexting has brought those concerns front and center, most states did not have a legal issue a serious! They emphasized the victims physiological, emotional, and mental health: a school-based longitudinal among. The evaluation in a nonadversarial, nonjudgmental tone, to attend an educational program on,. To one person or to many how the laws should be charged with a less serious what are 5 legal implications of sexting 10! Miss Logan recounted her story on the cases involving sexting that have reached the appeals level them to this! They meet online consequently, there may be an argument to be made that consensual teen sexting:.... Ruined as a sex offender their children consensually sext with other teens about the limits of confidentiality in a,!, etc or had access to a smartphone like email updates of new search results Constitutions First could... There & # x27 ; s no way to get your unless prosecuted, would clueless. Address sexting is indicated how the laws should be charged with a less serious offense to the minor level. Among minors should be considered a health and development issue, not a legal mechanism in place handle... State prosecutors deciding to prosecute body self-image the retaining party, etc conduct within... 244 ) on exactly how the laws should be charged with a less serious offense s no way get...

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