Flasher using cell phone text messages puts laws to test

Chances are, law enforcement will see more cases like that of Richard L. Roberts.

The Canton man has been charged with obscenity after allegedly sending lewd texts - words and photos - to random recipients.

You don't see many obscenity cases of any type. But here, it's the best applicable charge: state law doesn't directly address the electronic sending of unsolicited, prurient messages. And authorities expect the problem to only get worse.

Says Fulton County State's Attorney John Clark, "With the social network out there, you're going to find more stuff being pushed on people that they don't want."

Roberts 45, allegedly sent unsolicited texts between December through this month, police say. The exact number and scope is not yet known; information continues to come in. However, recipients - all adults, so far - live in Fulton County and Bartonville. Police say Roberts picked cell numbers at random.

The texts included photos Roberts took of his genitalia, says Canton Police Chief Dan Taylor. He declined to reveal the exact wording of the texts, which he described as "lewd."

"He was (in his wording) pretty much, 'What do you think of my photo?'" Taylor says.

Canton police received recipients' complaints, then worked with Fairview police, Bartonville police, the Fulton County Sheriff's Department, Fulton County State's Attorney's Office and the Illinois State Police. Roberts used a TracFone, so the calls were not traceable, Taylor says.

So, investigators posed as women and exchanged written texts with Roberts, seeking to meet him, Taylor says. Roberts allegedly agreed to such a meeting at a pre-arranged location in Bartonville. There, he was arrested Monday.

Since then, Taylor's office has fielded additional sexting complaints. Those tips are being investigated for any connection to Roberts.

Monday, during questioning with police, Roberts divulged an motive, Taylor says.

"He was getting self-gratification from it," Taylor alleged.

How might a random-sexting fetish develop? Vickie Lewis, a counselor with the Illinois Institute for Addiction Recovery, works with people with sexual issues. She said someone with low self-esteem might seek gratification that way. Also, outgoing random, anonymous tests might suggest the sender could have impulse-control disorder. It involves two dynamics: control, because the recipient might not be able to stop getting the texts, and risk-taking, because the sender might get caught.

Prosecutor Clark alleges Roberts knew what he was doing - and should have known better.

"This is one of those cases when it's not an immature teenager prank," he says.

For this story, Roberts could not be reached for comment. Police don't know much about his background, such as occupation. His criminal history in Fulton County consists of 1983 felony conviction for indecent liberties with a child (120 days in jail and 30 months' probation), plus a 1991 traffic conviction for driving on a suspended license (fine and court supervision).

Chief Taylor, who has been on the Canton force in various capacities for 14 years, says obscenity is a rare charge. Usually, it's filed as a violation of a city obscenity ordinance, for offences like streaking though a public park.

But Taylor anticipates more sexting complaints to begin streaming into police stations.

"Technology is developing at a pace faster than the laws," Taylor says.

The state does prohibit phone harassment. But that's usually just a Class B misdemeanor, punishable by up to six months in jail and a $1,500 fine.

So prosecutor Clark opted for a charge of obscenity, a Class A misdemeanor punishable by up to a year in jail and a $2,500 fine. A subsequent offense can be a Class 4 felony, punishable by up to three years' imprisonment.

Clark, who has served as state's attorney since 2004, says he never had filed an obscenity count before. It's a complex charge, mostly because of the convoluted definition of obscenity. In short, it is "prurient" material that "the average person, applying contemporary adult community standards" would find "offensive" and devoid of artistic and social value.

"We've charged him with what we can at this point," Clark says.

But other states seem at as lax a pace with Illinois. Their newer statutes largely aim at texts involving a child recipient.

Clark thinks state lawmakers should tighten the law to address an eventual spike in unsolicited sextings.

"The Legislature is slow to keep up with the times," he says.

Source: http://www.pjstar.com/news/x1078553898/Luciano-Cell-phone-texting-flasher-puts-laws-to-test