COBB COUNTY, Ga. — A criminal investigation is underway in Cobb County after an 8th-grade student reportedly shared an explicit photo of a 13-year-old girl and fellow student.
In Georgia, possessing or sharing an explicit photo of a minor is a crime, even if the person who sent it is a minor themselves.
"The crime is sexual exploitation of a minor and/or distribution of child pornography," said Cobb County Police Sgt. Eric Smith.
Georgia’s teen-to-teen sexting laws are some of the strictest in the country, allowing for up to a felony conviction. However, Smith said prosecution of children that young is rare.
"If they're under 12, they, they will still be listed as the suspect on the incident, but they might not be charged due to their age," he said. "If they're 12 or above, then they're going to be charged as a juvenile."
Smith confirmed that the department's Crimes Against Children Unit is actively investigating the case, but so far, no charges have been filed.
Alberta Poole, the mother of the 13-year-old victim, said she doesn't believe police are taking the case seriously enough.
"I feel like they're just taking their time, it it's been more than three weeks now," Poole said. "I just want justice for my daughter."
Poole said she thought she'd done everything right as a parent to protect her children.
“I didn't approve social media," she said. "I'm old-fashioned, I didn't approve boys, I didn't approve any of that.”
She said her daughter got a hold of a phone and sent an explicit photo of herself to a boy in her grade.
“She sent the photo to someone she thought she could trust," Poole said. "He got upset with her because I guess she broke it off, stopped talking to him. And he put it on a Google chat with half of the eighth graders.”
Poole said her daughter saw the text chain during the school day, and went to the office in tears. She said that's when the principal called her in.
"I was enraged," she said. "I felt sick, angry, sad. I'm still dealing with that. My daughter didn't deserve that.”
Poole said school administrators wouldn't confirm what punishment the boy who sent out the photo would face, but said she was shocked to learn he was back in class with her daughter the next day.
"They supposedly gave him one day of suspension, and this boy is still sitting in the same classroom with her," Poole said. "They haven't done anything. Even one of the boys has been saying 'they're not going to do anything to me.' So it's like there's no consequence.”
A Cobb County Schools district spokesperson told 11Alive Investigates in a statement:
“After becoming aware of inappropriate communication between two students, school administration and Cobb Schools police immediately opened an investigation. We are confident in the results of the investigation and that District policy and state law, including discipline and mandated reporting, were followed.”
Smith said teen-to-teen sexting has reached new highs, as have criminal investigations resulting from those images being shared against the sender's wishes.
"Part of that is just the fact that sheer numbers of children that have access to cell phones and other devices," Smith said. "Best practice for kids, don't take inappropriate photos definitely don't share them with anyone. Parents have to do the difficult task of having those difficult conversations."
In 2019, two investigations were opened at Roswell and Union County High Schools, after it was discovered students were widely sharing explicit photos of their classmates.
It resulted in dozens of students being suspended to varying degrees, but no criminal charges were ever announced.
Poole said she understands it’s unlikely any students will be criminally charged in her daughter’s case.
“I don't even want to see any children get you know in trouble really bad or anything, but I do want at least some form of justice," she said. "This is forever, this is somebody's life. I am speaking for other mothers and for other girls out there, because they shouldn't have to go through this.”
Atlanta-based parental control company Bark offers these tips about how parents can talk talk with their kids about sexting and the potential legal ramifications:
- If you discover that your child has been sexting, you might be tempted to take away their phone and punish them immediately. But that risks damaging your relationship, causing them to shut down and hide things from you. Instead, be proactive about discussing the issue in a calm and thoughtful manner. It’s also a good idea to open the conversation before it’s too late and to check in occasionally to make sure everything is okay. Leave room for your child to ask questions, talk to them about affirmative consent, and provide resources that will help them think things through on their own.
- You should also make sure that they’re aware of the consequences of sexting. If your child does stray into troubling legal territory, putting together an action plan can help you to protect everyone involved. Parents should also be prepared to report more serious incidents to law enforcement if your child is being blackmailed or victimized online.
- If you discover that your child has been sexting, you might be tempted to take away their phone and punish them immediately. But that risks damaging your relationship, causing them to shut down and hide things from you. Instead, be proactive about discussing the issue in a calm and thoughtful manner. It’s also a good idea to open the conversation before it’s too late and to check in occasionally to make sure everything is okay. Leave room for your child to ask questions, talk to them about affirmative consent, and provide resources that will help them think things through on their own.
- You should also make sure that they’re aware of the consequences of sexting. If your child does stray into troubling legal territory, putting together an action plan can help you to protect everyone involved. Parents should also be prepared to report more serious incidents to law enforcement if your child is being blackmailed or victimized online.
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