Misconduct:
According to the FBI:
"To determine the appropriate response, law enforcement officers must carefully consider the alleged misconduct and determine if it falls into one of two categories. First, is the image or communication illegal? For instance, the definition found in the federal child pornography statute, 18 U.S.C. § 2256, refers to illegal images with minors as those involving sexually explicit conduct.10Does the picture meet this definition or one in a particular state statute? Additionally, investigators should consider whether the communication might be harassing or menacing to the party in the image or the recipient of it.
Second, did any illegal use of a computer occur in the communication? For instance, a youth involved in viewing, transmitting, or storing inappropriate pictures on school equipment might face legal difficulty for unauthorized use or damages. The cleanup and removal of these images can be costly for schools.
Obviously, these categories can overlap. However, this can shed light on alternative charges that may not be as apparent if someone views the misconduct solely as a sex offense. For example, a 15-year-old male posts an inappropriate image of himself on the school computer as a prank.11 Charging the youth as a sex offender may be a gross overstatement, possibly resulting in a sex offender registration issue. Perhaps, charging him as a delinquent for damaging school property due to the cost of removing the offensive image may be a more appropriate response."
"To determine the appropriate response, law enforcement officers must carefully consider the alleged misconduct and determine if it falls into one of two categories. First, is the image or communication illegal? For instance, the definition found in the federal child pornography statute, 18 U.S.C. § 2256, refers to illegal images with minors as those involving sexually explicit conduct.10Does the picture meet this definition or one in a particular state statute? Additionally, investigators should consider whether the communication might be harassing or menacing to the party in the image or the recipient of it.
Second, did any illegal use of a computer occur in the communication? For instance, a youth involved in viewing, transmitting, or storing inappropriate pictures on school equipment might face legal difficulty for unauthorized use or damages. The cleanup and removal of these images can be costly for schools.
Obviously, these categories can overlap. However, this can shed light on alternative charges that may not be as apparent if someone views the misconduct solely as a sex offense. For example, a 15-year-old male posts an inappropriate image of himself on the school computer as a prank.11 Charging the youth as a sex offender may be a gross overstatement, possibly resulting in a sex offender registration issue. Perhaps, charging him as a delinquent for damaging school property due to the cost of removing the offensive image may be a more appropriate response."
Reference:
http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/july-2010/sexting
http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/july-2010/sexting