As sexting becomes more common among teenagers in Harrisburg and throughout Pennsylvania, state lawmakers and court officials have struggled with the best method of punishment for this alleged crime. Sexting entails possessing and sharing sexually explicit photographs of the sender and of other teenagers, using text messaging, e-mail and social networking websites to share the images.
Currently, Pennsylvania law allows state district attorneys to charge minors who are caught sexting with a felony under the state's child pornography laws. Such a conviction has grave consequences: up to 10 years in jail and a $25,000 fine. In addition, one who is convicted under this law is required to register as a sex offender.
For the majority of teens who engage in this behavior, their actions are not indicative of any future criminal sexual behavior. Therefore, charging minors with felony child pornography and designating them sex offenders for the remainder of their lives is simply too harsh a punishment.
Pennsylvania lawmakers have proposed a law that would create a unique criminal charge for sexting, which would charge alleged offenders with a second-degree misdemeanor instead of a felony. If this bill passes, it will be a good step toward punishing this crime appropriately.
New York legislators recently introduced a bill that would create an "educational reform program" for minors who are charged with sexting. In lieu of a criminal sex crimes trial, district attorneys could recommend that judges "sentence" first-time offenders under the age of 18 to this mandatory training program. It would educate minors on the potential consequences, both legal and personal, of sexting.
What do you think? Which punishment is right? Should this crime be punished at all?
Source: Wall Street Journal, "Lawmakers Propose Teen 'Sexting' Law," Jacob Gershman, 6 June 2011
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