HARRISBURG -- State legislators and the ACLU agree on one thing -- teens are foolish and misguided when they transmit nude or sexually explicit photos of themselves via cell phone -- but the two sides sharply disagree on whether the practice of "sexting" should be listed as a criminal offense.

The American Civil Liberties Union of Pennsylvania and the Juvenile Law Center, based in Philadelphia, told reporters Thursday they are strongly opposed to House Bill 2189, which the House Judiciary Committee may vote on next week. It would make the practice of sexting a second-degree misdemeanor for youths under 18. Supporters, including some district attorneys, say such a change would be easier on the immature youths than current law, which classifies the practice as a felony carrying much harsher punishments.

But ACLU legal director Witold Walczak and Law Center official Marsha Levick said the Legislature should completely stay away from the issue of sexting. They said that while the cell phone photos, which sometimes end up on the Internet, are foolish, sexting shouldn't be listed as any category of crime, because doing so could damage teens later in life, by making it harder for them to get into college, win a scholarship, find a job or join the military.

"A misdemeanor in the juvenile justice system is not just a slap on the wrist. It still makes kids criminals and still carries extremely harsh consequences" that can affect teens later in life -- things they're unlikely to consider when they're 15, Mr. Walczak said.

Enacting the bill into law would be "like using a hammer to kill a flea," Ms. Levick said. "Sexting is reckless, foolish and stupid, but it's not something I want my child arrested for."

They said parents, school principals and community officials should use education, family discipline, a bawling out, removal of cell phones or some other type of punishment or guidance to stop teens from sexting, rather than subjecting a teen to the vagaries of the law enforcement system. If a youth persists in transmitting nude photos to a friend or acquaintance against that person's wishes, police and prosecutors can use anti-stalking or anti-harassment laws now on the books to deal with it, Mr. Walczak said.

ACLU legislative director Andrew Hoover said he is trying to get the Judiciary Committee to hold a hearing so experts on juvenile behavior can discuss the dangers of the bill, before any action is taken on it Tuesday.

The committee chairman, Rep. Tom Caltagirone, D-Berks, said he would consider a hearing but seemed mystified by the critics' comments. He said the bill was an attempt to make things easier on immature youths who have more high-tech skills than they have common sense.

He said he's talked to district attorneys from counties in central Pennsylvania and they said, "We need to do something [about sexting]. We don't want to criminalize these kids."

He added, "I'm trying to be reasonable. We were told by the DAs that they can charge these kids with a felony now and they said they didn't want to do that. The ACLU should talk to the DAs."

Mr. Walczak said that if the bill is enacted, it would be "DOA" if challenged in court.

He said it is "unconstitutional on its face. All courts have said that you can't criminalize simple nudity, even when it is of minors." To be illegal, he said, photos must be "a lewd display of genitals or a graphic display of sexual activity."

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