November 17, 2014 at 12:29 p.m.

No criminal charges in RHS sexting case

No criminal charges in RHS sexting case
No criminal charges in RHS sexting case

By River News Staff-

Although authorities concede their conduct was felonious in nature, the Rhinelander High School students who shared explicit photographs will not face criminal charges.

In a joint press release issued Monday morning, the School District of Rhinelander and the Oneida County Sheriff's Office announced they have concluded an investigation into sexting on and off school premises and will not be pursuing criminal charges against any student. Sexting is defined as the sending of sexually explicit photos, images, text messages, or e-mails by using a cellphone or other mobile device.

As the River News first reported last month, some 35 students were under criminal investigation for sharing explicit photographs.

"The investigation concluded that the vast majority of taking, sharing and viewing of inappropriate photos happened outside of the school environment and not on school property," the release states. "All students that used social media inappropriately at school were given a one-day suspension, and all students involved are subject to athletic code violations and will serve the appropriate game suspensions. Although Wisconsin law does consider incidents such as this as felony offenses, and it does not have disciplinary alternatives for such offense, criminal charges were not filed against the students involved."

According to the release, authorities concluded the filing of charges "could be detrimental to the future of the students and, in turn, could be harmful to our community as these students will not be allowed to enter certain occupations."

"Instead, the district and the Oneida County Sheriff's Office are partnering to take an educational approach to this issue for our community," the release states.

"As part of the educational focus, on Dec. 3, the School District of Rhinelander, Oneida County's Sheriff's Office, Oneida County Social Services Department, Tri-County Council on Domestic Violence and Sexual Assault, Nativity of Our Lord Schools, and Zion Evangelical Lutheran School will bring Eric Szatkowski, a special agent with the Wisconsin Department of Justice/Division of Criminal Investigation, to the Rhinelander community. Mr. Szatkowski will give presentations for students and staff grades 4- 12 during school hours and will present an adult-only session to parents and interested adult community members at 6 p.m. in the Rhinelander High School auditorium."

The district and the sheriff's office have said they hope Szatkowski's presentation will offer an opportunity for family discussions regarding "inappropriate activities."

In a separate press release issued late Monday, Oneida County District Attorney Mike Schiek defended the decision not to press charges.

"(The) investigation began with a single complaint; however, the number of students involved quickly expanded," the release states. "Each interview conducted by the Oneida County Sheriff's Department led investigators to new information. The ages of those involved range from 13 years old to 18 years old. Information received required that investigators begin interviewing students at the (middle school) level. It was at (that) point that it was decided we should educate students rather than prosecute criminally. The district attorney personally met with Oneida County investigators, the Department of Social Services, Rhinelander High School staff, the Superintendent of Schools, and the Tri-County Council on Domestic Violence and Sexual Assault. The district attorney's office provided information on potential charges that could be filed; however, it is clear that Wisconsin does not have laws, which specifically deal with sexting. As a result, no charges will be filed."

According to Chief Deputy Dan Hess, the students involved may not face criminal charges even if they continue to share explicit photos.

"Future circumstances will dictate what will happen if these kids are found to be sharing explicit photos again," Hess said. "Hopefully the educational effort that we are putting forth will have a positive outcome on the kids and decisions that they have to make."

The River News has filed an open records request with the school district seeking more specific information about disciplinary action taken in response to this investigation.

A separate investigation into the alleged illegal use of a prescription drug, purportedly Oxycontin, by a group of Rhinelander High School varsity football players remains pending.

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