An Indiana teen is facing a charge of possessing child pornography after high school officials discovered nude photographs of teenage schoolmates on the boy's cell phone. The boy was arrested and taken to a juvenile detention center. If convicted, the boy will likely be forced to register as a sex offender.
Bills recently introduced in Ohio, Pennsylvania, New Jersey, and Nevada propose changing sexting laws to protect juveniles. The proposed NJ bill would allow teens accused of sexting to avoid criminal prosecution. The proposed PA bill classifies sexting as a third degree misdemeanor. PA lawmakers have even gone a step further to distinguish consensual sexting from sexting with the intent to harass. Their bill proposes to punish only those juveniles who circulate lewd phone or text images with the intent to harass an alleged victim. Vermont recently enacted legislation which precludes "sexting" offenders from being prosecuted under the state's child pornography laws. Nebraska passed a law in 2009 which created an affirmative defense for consensual sexting between teens aged 15-19. The law was designed to include harsher penalties for forwarding explicit images to third parties, using social networking to disseminate the image, or exploiting children.
The significance of these enacted and proposed legislative changes is their goal of protecting juveniles from having to register as sex offenders. Currently, in Arkansas, Indiana, Kansas, Kentucky, Missouri, Ohio, and Tennessee, sexting is treated as a child pornography charge, a felony. A convicted juvenile offender is required to register as a sex offender. Ohio lawmakers have proposed changing sexting to a first-degree misdemeanor. Ohio House Bill 53 would create a new a first-degree misdemeanor offense that makes it illegal for a minor to knowingly create, receive, exchange, send or possess images that show a minor in a state of nudity. As the law stands now, a juvenile committing such an act is subject to a second-degree felony charge and sex offender status. HB 53 is still pending in the Ohio House of Representatives.
Depending on the study, somewhere between 4% and 20% of teenagers report that they have sent sexually suggestive text messages to another teen. According to a 2008 report by The National Campaign to Prevent Teen and Unplanned Pregnancy (NCPTUP), 20% of teenagers ages 13–19 have “electronically sent, or posted online, nude or semi-nude pictures or video of themselves"
Some district attorneys in Ohio have used their discretion to create diversion programs for teens accused of sexting, rather than charge the juveniles under the current law. However, given the current state of the law, education about the law on sexting and the severity of punishments should be the foremost priority for lawmakers, law enforcement, schools and juvenile advocates at this time. Teenagers often make regrettable decisions without thinking of the consequences. A consensual cell phone photo could force a juvenile to register as a sex offender for decades. High school students need to understand the significant impact that sexting could have on their futures. At the same time, lawmakers should continue to promote changes to the law that properly address the issue of sexting among juveniles, without subjecting them to harsh penalties and long-term registration consequences. Some organizations, including the American Civil Liberties Union, believe that even reducing sexting to a misdemeanor is not enough of a reform. The ACLU argues that juveniles should not be charged with crimes for sexting. Instead, the ACLU promotes raising awareness in schools and homes about the dangers of sexting.
-Written by Adam Turer
