HARRISBURG -- Minors who send sexually suggestive photos via mobile phones should be prosecuted with either summary offenses or second-degree misdemeanors, the House decided on Tuesday.

With a bipartisan majority vote of 163-36, legislators backed Rep. Seth Grove's bill, which specifically makes it illegal for minors to create and distribute the racy messages.

The bill now heads to the Senate.

Mr. Grove, R-York, said the bill was important because there is no well-defined approach to addressing the emerging phenomenon known as "sexting."

Under current law, district attorneys have sought to curb sexting by prosecuting it as child pornography.

"The [district attorneys] didn't really have an effective charge to go after this," Mr. Gove said.

The Pennsylvania District Attorneys Association backs the bill, but opponents say it infringes on First Amendment rights and the rights of parents to enforce moral values.

"We are concerned that the commonwealth walks into a federal lawsuit if this becomes law," said Andy Hoover, legislative director of the American Civil Liberties Union of Pennsylvania.

Mr. Hoover said the bill would put too much power in the hands of district attorneys and police when it comes to deciding if the intent of the photos is for sexual stimulation or gratification.

Others said the bill was a case of the government becoming too involved in citizens' private lives.

"We don't belong in their bedrooms, and we don't belong in their sex texting," said Louise Bishop, D-Philadelphia, chair of the House Children and Youth Committee.

Mr. Grove said the purpose of the bill wasn't to allow the state to take over for parents, but to show minors that the state is serious about discouraging sexting, which could allow a picture intended for one person to spread to more than 1,000 people in a short period of time and cause serious emotional harm.

Mr. Hoover said the bill had implications for too many teens. He cited a survey from The Associated Press and MTV that found that one-fourth of teens had participated in sexting.

"Almost all of those kids are potentially criminals," he said.

Mr. Grove said the bill would protect minors from even more severe charges possible under current law, such as a felony for child pornography.

Last year, the Post-Gazette reported that three boys from Southmoreland High School in Greensburg were charged in juvenile court with possession of child pornography after they were found with sexual text messages. Three girls in the photos were charged with possession, manufacture or distribution of child pornography.

Under Mr. Grove's bill, charges would not result in a criminal record, and an offender could not be held in a detention facility.

Some offenders could enter Accelerated Rehabilitative Disposition programs in which misdemeanor charges are dropped after they complete community service or education programs. Those sexting between just two people would probably face the summary offenses.

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