Common use of Sexting Clause in Contracts

Sexting. ‌ Sexting involves the sending of sexually explicit photos by electronic means such as text message. School officials should be aware that sexting of image or video involving sexual penetration or criminal sexual contact has been committed on school grounds, or by or against a student during school operating hours or during school-related functions or activities may trigger a school’s reporting obligations related to sexual offenses (see Article 3.12). School officials should also be aware that sexting may involve bias-related acts (see Article 3.16). Sexting may also constitute HIB, triggering a school’s obligations under the Anti-Bullying Bill of Rights Act (see Article 4.4). Sexting only triggers a school’s mandatory obligation to report if it involves conduct covered by Article 3 as outlined above. However, school officials should also be aware that sexting may constitute a criminal act pursuant to New Jersey’s child pornography laws. For instance, it is a crime to give to someone else, offer to give to someone else, transfer, disseminate, distribute, circulate, or possess pornography depicting a child, defined as a person younger than 18 (N.J.S.A. 2C:24-4). Penalties for violating such laws include not only significant time in prison but also mandatory registration as sex offenders.

Sexting. ‌ Sexting involves the sending of sexually explicit photos by electronic means such as text message. School officials should be aware that sexting of image or video involving sexual penetration or criminal sexual contact has been committed on school grounds, or by or against a student during school operating hours or during school-related functions or activities may trigger a school’s reporting obligations related to sexual offenses (see Article 3.12). School officials should also be aware that sexting may involve bias-related acts (see Article 3.16). Sexting may also constitute HIB, triggering a school’s obligations under the Anti-Bullying Bill of Rights Act (see Article 4.4). Sexting only triggers a school’s mandatory obligation to report if it involves conduct covered by Article 3 as outlined above. However, school officials should also be aware that sexting may constitute a criminal act pursuant to New Jersey’s child pornography laws. For instance, it is a crime to give to someone else, offer to give to someone else, transfer, disseminate, distribute, circulate, or possess pornography depicting a child, defined as a person younger than 18 (N.J.S.A. 2C:24-4). Penalties for violating such laws include not only significant time in prison but also mandatory registration as sex offenders.