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Investigating Sexting
The District has established procedures to involve local law enforcement agencies and State’s attorneys to investigate allegations of sexting. Glossary of Terms
Electronic device: any type of electronic communication device, defined at 705 ILCS 405/3-40(a). It includes, but is not limited to, a wireless telephone, personal digital assistant, or a portable or mobile computer, that is capable of transmitting images or pictures. This includes cellular telephones. For more discussion, see f/n 3 in administrative procedure 7-190-AP5, Electronic Devices - Student Handbook.
Sexting: a portmanteau word of sex and texting with no clear definition. It is commonly explained as the act of sending sexually explicit photos, images, or messages electronically, primarily by mobile phone or the internet. For purposes of this procedure, it also includes:
- Indecent visual depiction, which means a depiction or portrayal in any pose, posture, or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the person (705 ILCS 405/3-40(a) (enacted to provide law enforcement officials an alternative to bringing child pornography charges against minors in possession of indecent visual depictions through placing them under the supervision of juvenile courts), or
- Non-consensual dissemination of private sexual images, which is a crime that is committed when a person:
- intentionally disseminates an image of another person:
- who is at least 18 years of age; and
- who is identifiable from the image itself or information displayed in connection with the image; and
- who is engaged in a sexual act or whose intimate parts are exposed, in whole or in part; and
- obtains the image under circumstances in which a reasonable person would know or understand that the image was to remain private; and knows or should have known that the person in the image has not consented to the dissemination (720 ILCS 5/11-23.5).