how to protect your kids from social media legal trouble.

I recently read an article that said kids (ages 8-18) spend an average of more than 7 hours a day looking at screens. Although the statistics aren't out yet, I would guess that amount has increased significantly with COVID-19 lockdowns. One of the things that comes to mind when I think of kids on a screen is the use of social media.

Sure, as parents we all know there are "risks" to using social media. We've seen the news articles where the young girl was contacted by the old man. We've heard stories about the "creepy" things that can happen with kids on social media.

But something that maybe only lawyer-Moms think about are the legal problems for our kids that can come from social media use.

First, let me just get something out of the way. Snapchat: it doesn't disappear. That is a ginormous lie that we have all been led to believe. Just like anything else on the internet, it's forever. Just because you aren't able to see the snap anymore, doesn't mean it hasn't stored somewhere for others to access (ie. law enforcement). If you're going to let your kid use Snapchat, have this conversation with them. If you know me personally, I'll prove it to them if they don't believe you. Snapchat is forever.

Second, let's talk about online bullying. Sure, we hear about bullying a lot these days. We've all been to the orientation where the school basically tells you that if your kid is bullying, they will be ousted. But something that is rarely discussed is online bullying, also known as cyber bullying. Cyber bullying could get your kid in some major trouble legally. Montana Code Annotated 45-5-221 covers Harassment, and Montana Code Annotated 45-8-213 covers Privacy in Communications. These laws could be used to charge your kid criminally if their bullying fits into the law. If you’re worried about what the school will do with bullies, imagine your kid getting charged criminally for their online talk. Also important to note, there have been cases where kids are criminally charged for encouragement of suicide via text or social media. The consequences are real, and parents should be aware.

Third, let's talk about sex. Remember the days when a boy might ask a girl at a high school bonfire to "flash" him? Yeah...those days are long gone. If that's all your kid is exposed to, you're doing great. You may already know all about the sexting that goes on with kids. If you don't think it's happening in your kid's school, think again. And sure, maybe some of it is harmless. But understand: asking for, sending, or receiving nude pictures of kids can get your kid in real trouble. Montana Code Annotated 45-5-625 covers this issue, and most of the time, kids (and parents) have no idea this is a crime. Not only does this expose your kid to a serious criminal charge, the charge is generally considered a "sex offense."

So, what can we do as parents to protect our kids from legal trouble with their phones, iPads, or social media? While I would love to tell you to keep it simple and prohibit all access to anything with access to the internet, we all know that is next to impossible (especially if you are partaking in "distance-learning"). Here are some tips that I hope you will be able to use and share with your kids:

1. Don't post, text, snap, or share anything that you wouldn't show to your Grandmother. This can be a good visual way to remind your kids of how to protect themselves. You want to send a snotty comment to your friend? Run it by Granny. You want to send a picture of your underwear to your boyfriend? Send it to Nana first. I don't know about you, but I don't think I'd want to send it anymore after picturing Grandma's face.
2. Don't provide your personal information, and this includes your location. This might seem obvious, but parents this one's on you. Check out the phone, iPad, or computer and make sure your kid isn't sharing things they don't intend to. Remember, Snapchat is forever. This includes location settings, location of where you took that picture, where you snapped it, all of it.
3. If you don't want every other kid in the school to see it, don't send it. I know, your kid trusts their friend. It's fine, they won't show anyone...until they do. This is something most parents didn't have to worry about. Back in our days, what happened at that high-school kegger was only to be shared with memories. Now, those pictures and posts are forever online. Kids have a hard time grasping long-term consequences, so it's up to us as parents to constantly remind them and help them understand that if they send something in 7th grade, there is a good chance their boss will find it when google searching them as an applicant for that dream job.
4. It's ok to show your parent, or trusted adult. This is along the lines of telling our kids that they will be in less trouble for telling the truth (even if what they did is really bad) than if they lie about it. The same goes for online behavior. Encourage your kid to show you something if they think it's weird, or even if they did something they wish they wouldn't have done. You might not want to see it, and you probably hope they aren't doing it. But trust me when I say, it is much easier to stop dangerous behavior and shut down the possibility of legal troubles if you can deal with the issue immediately. Let your kids know they can trust you to talk with you about their online interactions.
5. Be Kind. The best advice we can give to kids: be kind. If the kids can follow that advice, we won't have to worry one bit about legal troubles.

I hope this is helpful to parents navigating the online world with kids, especially when they are faced with more screen time than ever. If you have any questions, please feel free to contact our office.

- Jill

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