New York lawmakers are proposing a law that would treat teens who send sexually explicit images as misinformed rather than criminal, in an effort to undo unintended consequences of anti-child pornography laws.
The law would give judges discretion to send teen sexters to an “educational reform program” if prosecutors determine that the sender didn’t intend to commit a crime. It’s meant as an escape valve for kids caught up in legal proceedings designed to punish child pornographers and sexual predators.
Under current laws in many states, a girl who sends a topless photo of herself to her boyfriend could be prosecuted for making and distributing child pornography. She could also be listed in sex offender databases. In 2009, six Pennsylvania teens were prosecuted on child porn charges for sexting.
"There are too many kids who are getting themselves into serious trouble for adolescent behavior," said Alan Maisel, a Democratic state assemblyman and co-sponsor of the bill. "I don't know if they should be tainted with this evil brush for the rest of their lives."
The educational program defined by the law would outline both the potential legal consequences and the social pitfalls of sharing sexually explicit images.
A number of other states have passed or are considering similar legislation, perhaps an acknowledgment that laws have not been able to keep up with the increasing social complexities of mobile technology.
A 2009 survey conducted by Cox Communications found that one in five teens have sent, received or forwarded explicit images of peers. Sixty percent of those surveyed said they’d sent the photos to a boyfriend or girlfriend.
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