SHAWANO, WI (WTAQ) – Shawano Law Enforcement and the County Board are taking a stance on sexting with a new ordinance that makes sexting punishable by a fine.
Shawano County Detective Gordon Kowalski says it gives law enforcement another option to deter the activity rather than courts and jail.
“My only option right now is a criminal referral to the court system for distribution or possession of child pornography.”
He says for teenagers or young adults who are sending nude photos, that may be harsh to put a mark like that on somebody’s record.
“A proactive approach does not always mean sending everyone for charges. What we are trying to do is change behavior.”
He says many times, high school age students or young adults will send pornographic photos of themselves through texting or social media. Kowalski says saying it is consensual can be a slippery slope, but sometimes there is no criminal intent through the photo-sharing.
“This ordinance is designed when you have teenagers or young adults that granted, are doing something that they should not be doing, but we don’t feel that they should be sent to prison for that.”
He says they are not taking a lighter approach to sexting as it can still have harmful intent. He says each case will be evaluated individually, and ultimately, it is the officer’s discretion to issue a fine or pursue more legal measures, much like an officer conducting a traffic stop.
He says if the act is determined to be criminal in nature, means like blackmail or sharing the photos with others, charges and court can still be pursued.
The fine for a juvenile would be a $50 dollar citation and adults could be fined up to $500 dollars.
