Education Law

Lawmakers rethink prosecuting teens for sexting

“Sexting” became a household term last year after four Pennsylvania teens were charged with disseminating and possessing child pornography after officials learned they had exchanged nude photos of themselves via cell phone. 

A U.S. Court of Appeals for the Third Circuit three-judge panel ruled last week that one of those sexting students and her parent are entitled to preliminary injunction barring prosecution under state?s child pornography laws based on the student?s refusal to participate in  an ?education program.? The panel concluded that the prosecution under those circumstances would constitute retaliation for the student exercising her First Amendment right against compelled speech, and for the parent asserting her Fourteenth Amendment substantive due process right to control her child?s upbringing. However, state lawmakers around the country are looking to address the issue by making penalties better fit the “crime” for minors caught sexting.

A study released in December by the Pew Research Center’s Internet and American Life Project said for percent of teens reported they had sent out sexually explicit photos or videos of themselves. Some 15 percent of cell-phone-owning teens ages 12 to 17 had received nude or nearly nude photos by phone, the report said. In the Pew report, researcher Amanda Lenhart wrote that teens use sexting “as a part of or instead of sexual activity, or as a way of starting or maintaining a relationship with a significant other.” ?[The photos] are also passed along to friends for their entertainment value, as a joke or for fun.”

So it comes as no surprise that state lawmakers are working to pass “sexting” legislation. The Illinois legislature passed a bill last week that would limit penalties for minors that share nude or sexually explicit photos via cell phone or computer. Sexting would be classified as a misdemeanor, and minors would likely face juvenile court-ordered counseling and community service. “Sometimes these kids don’t understand what they’re doing, make a mistake, and it follows them for life,” state senator Ira Silverstein, who sponsored the bill, told the Chicago Tribune. “So we don’t want that in their record.”

Connecticut lawmakers want to do something similar to keep minors convicted of sexting-related charges from being required to register as a sex offender. Currently, sexting between minors violates state child pornography laws. So the Connecticut legislature is considering a proposed bill that would make the offense a misdemeanor for minor children aged 13 and 18 that are in “a relationship.”

Florida is also considering legislation to distinguish sexting between minors from existing child pornography statutes. First-time offenders would get a slap on the wrist with eight hours of community service and a $25 fine. A second offense is a misdemeanor that comes with 60 days in jail and a $500 fine. “It’s stupid behavior that young people will regret for years to come, but it shouldn’t be treated as child pornography,” said Sen. Dave Aronberg, D-Greenacres, the bill’s sponsor in the Senate. “We’re trying to make the punishment fit the crime.”

So far this year, at least 15 stateshave introduced or are considering bills or resolutions aimed at “sexting.” The legislation generally aims to educate young people about the risks of sexting, deter them from the practice, and apply appropriate penalties to those who do engage in sexting. While some states are just encouraging programs to educate teens about the dangers of sexting, others are attempting to de-criminalize the act such as the Illinois, Connecticut, and Florida bills would. Similar measures were passed last year in Utah, Nebraska, and Vermont.

What does your state have to say about sexting? Let us know.

Full post as published by BoardBuzz: NSBA's Daily Weblog on March 26, 2010 (boomark / email).