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Bill would make 'sexting' a misdemeanor for teens
Wednesday, March 17, 2010

A bill to make "sexting" a second-degree misdemeanor rather than a felony has been approved by the House Judiciary Committee.

Rep. Seth Grove, R-York, said current law only gives district attorneys the option of charging a teen aged 13 to 17 with a felony if he or she transmits nude or sexually explicit photos of themselves or others via cell phone. Mr. Grove said that conviction of a felony can scar a teen for life just for doing a foolish, youthful act, and said the law should be updated to reflect new technology.

A misdemeanor is a less serious crime and carries a far less serious punishment, which will make it easier for the youth to eventually get his or her criminal record expunged, he said.

But some legislators, such as Reps. Greg Vitali, D-Delaware, and Kate Harper, R-Montgomery, said that even making sexting a misdemeanor was too serious a charge and it could hurt teenagers' chances of getting into a college or getting a job when of they get older.

Ms. Harper wanted to make it a "summary offense," which is even less serious than a misdemeanor, but that move was voted down. Mr. Vitali said sexting shouldn't be a crime at all, but teens should be disciplined by their parents, who "could ground their son or daughter for a month and take away their cell phone."

Mr. Grove said his bill doesn't permit judges to jail teenagers convicted of transmitting nude images by cell phone, but does provide for "diversionary punishment," such as community service and education courses. The bill moves on to the full House for further debate and perhaps a vote.

Adults 18 and older who transmit sexually explicit images by computer or cell phone can still be charged with a felony.

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First published on March 17, 2010 at 12:00 am