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A New 'Sexting' Bill in the Ohio Legislature
New Ohio legislation is aimed at reducing the harmful effects of teen sexting.
July 15, 2010 /Telecommunications PR News/ -- Most of us remember a time when flirting was more likely to involve a wink and a timid smile than a T1 Internet connection. But, times have changed, and a new bill making its way through the Ohio legislature aims to address some of the growing concerns arising out of the youthful trend of 'sexting' -- sending sexually explicit photos or videos of oneself to others by cell phone or computer. While some consider sexting to be harmless youthful indiscretion, inevitably most teenage relationships break up. All too often this leads to unrestricted circulation of images throughout cyberspace. Perhaps even more startling, under current laws, exchange of nude photos of minors -- even between the teens pictured -- can be classified as a felony requiring registration as a sex offender. The new Ohio sexting bill may finally help the law catch up with technology.
The Problem With Sexting
Surveys indicate that more than a quarter of teenagers admit to sexting. Given the sheer scope of teenage sexting, it comes as little surprise that a number of intimate pictures wind up in the wrong hands, sometimes with disastrous consequences. The sponsor of Ohio's new sexting bill, Rep. Connie Pillich, cites the death of Jessica Logan, an 18-year-old resident of her district, as the reason she is pursuing this legislation. Ms. Logan committed suicide last year after she was harassed when a nude photo she sent to her ex-boyfriend was shown to other students. In addition to peers, other unintended recipients can include sexual predators, pornographers combing the Internet, or perhaps even worse, the police. Current laws draw no clear delineation between minors who send or receive nude photos of minors and adults who do the same. That means a minor sexting pictures of himself or herself could face child pornography charges, complete with felony status and mandatory sex offender registry. Although these kinds of charges are quite rare, minors in Ohio have been arrested on felony charges for possessing explicit images of other minors. Whether embarrassment, exploitation or even imprisonment is the result, the potential consequences of a youthful mistake like sexting can clearly be enormous.
Aims of the Sexting Bill
Under the new bill, exchange and possession of images of nudity between minors by a telecommunications device would be a misdemeanor. Laws pertaining to anyone above the age of 18 sending or receiving pictures of a minor would remain unchanged. Offending minors would be labeled as "unruly children," meaning they would go to juvenile court, where they can be punished, but not jailed. Likely punishments would include things like probation, fines or court-ordered community service. Redefining how the law applies to sexting between minors is meant to keep youths who sext off the sex offender registry and out of jail or prison, while at the same time establishing legal consequences for sexting. Obviously, every teen sending explicit images over the Internet cannot be policed. But the hope is that if young people are aware of the legal penalties, the bill will serve as a deterrent.
An Appropriate Solution?
Not everyone is in favor of the new sexting bill. The American Civil Liberties Union, while admitting that sexting is a problem that needs to be solved, says that threatening teens with criminal prosecution is not the solution. Instead, the ACLU would like to see sexting education established in schools, and would prefer that victims pursued civil damages from any minor who spread their image. Likewise, the Ohio Prosecuting Attorneys Association opposes the bill, fearing that its lightweight penalties would lower the seriousness of sexting.
Is diverting juveniles to a program that does not include imprisonment a workable solution to the ever-expanding problem of teenage sexting? Certainly, it is an imperfect option. But it does save underage sexters from the lifetime consequences of a felony charge and sex offender registry, overkill in virtually every scenario. At the same time, the new bill establishes clear-cut, albeit relatively minor, legal consequences that may prevent youths from harming others -- and themselves -- through sexting.
The sexting bill passed in the Ohio House by a wide margin, and is now on its way to the Senate. If approved there, it will transform the way the state legal system handles youthful sexters. Only time will tell how Ohio's budding sexting law will be received. However, most agree that at its baseline, the new sexting bill is at least a step in the right direction.
Article provided by Raymond T. Faller Co., LPA
Visit us at www.raymondtfallerlaw.com
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