PA Mulls Teen Sexting Laws That Would Outlaw Explicit Pictures, Texts

Thanks to efforts by Pennsylvania state representative Seth Grove, Pennsylvania has become the 21st state to consider legislation that would make sexting by minors illegal.

The Philadelphia Inquirer reports that Grove's bill "would impose a range of penalties, from a summary offense much like a traffic ticket to felony charges."

Grove, who says he first heard of sexting (messaging explicit pictures or text) from his wife, hopes prohibiting the practice would protect teens from themselves and from their peers.

"We want to make sure these pictures don't victimize kids even more," Grove told the Philadadelphia Inquirer.

New York's Department of Education is also considering measures to punish sexting both during and outside of school hours. Ohio recently passed a bill that would allow sexting teens to be prosecuted for the practice, although with some limits. Meanwhile, Vermont has mulled a different course: legalizing teen sexting outright.

The legislative director for the American Civil Liberties Union of Pennsylvania takes issue with Grove's proposition to criminalize sexting, arguing that his bill would violate teens' privacy and impinge on their freedom of expression.

"The way this bill is written, constitutionally protected activity is criminalized," ACLU's Andy Hoover told the Philadelphia Inquirer. "So in the scenario where a teenage couple is sharing pictures with each other, and they involve only nudity, not sex acts, they can be charged."

Earlier this year, a Pennsylvania federal appeals court ruled that a teen could not be charged with a felony for sexting. The court said that threatening to press felony charges against a girl who appeared in a racy "sext"--unless she took enrolled in a diversionary program--was in violation of "the teen's constitutional right to be free from compelled speech and infringed on her parents' right to direct her upbringing."

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Comments

[fds]

11:52 AM on 08/05/2010

These laws would impede the First Amendment.

If they do pass, the courts would strike them down.

[Quotidien]

10:03 AM on 08/05/2010

Polaroid will be happy to hear this.

[Teschea Sothea]

09:43 AM on 08/05/2010

Sex is what all most all people want but sex viewed to bring shame in many countries . some parent don't want their children to have sex in the young age. and in some countries are not suppose to show sex photos on the public or educate people about sex. It is just just wrong thinking in contras teen will be want more and more. It likely when you try to keep thing that people want away they must be miss and unforgettable. so that we should let teen knew about sex.

[toocoolfoschool1234]

03:50 AM on 08/05/2010

WASTE OF TIME

[AllyCat7]

02:36 AM on 08/05/2010

Isn't it the responsibility of the parent to prevent behavior like this? If a parent raises a girl to have a healthy self-esteem and sense or morality, I highly doubt she would send naked pics to some pimply-faced boy.

[RobinSeattle]

09:29 PM on 08/04/2010

Here we go, politicians grandstanding over stuff that isn't any of their business because anything regarding teen sex is guaranteed to get you tv time in our Eyewitness News world.

This is a realm for parents to deal with and not the legal system.

[wulidncr]

06:08 PM on 08/04/2010

This from the party of "less government"! What a surprise! From the makers of the Patriot Act, a new and more draconian law! Flirting now a felony! Tell your friends, but if you text a pic, make sure you're wearing a burka.

[rbryanh]

04:02 PM on 08/04/2010

The only thing more amusing than protecting young people from their Constitutional rights is the notion that adults can control teenager's use of technology.

The idea that anyone can control my communications is dubious, but to imagine that my parents are capable of doing so is ludicrous. But in America, we're far more obsessed with our own little narcissistic fear and shame than we are concerned about the ever growing burden of ridiculous, unenforceable laws we place on our judicial system, or the right of any individual to freedom of expression, including sexuality.

[RobinSeattle]

09:30 PM on 08/04/2010

Favorited. That was a 500 foot homer of a post. Nicely done.

[sj user1]

03:49 PM on 08/04/2010

Not that I have a better solution but if this goes through some unfortunate teen couple will have to spend their lives registering as sex offenders because they exchanged a couple pictures. I guess the way to handle it would be to consider intent when filing charges and sentencing. If two consensual teens sent each other picks they should get a slap on the wrist. But if one of them was a jaded ex and sent the pics to everyone in their school then they should have the book thrown at them.

[RobinSeattle]

09:31 PM on 08/04/2010

Distribution of child porn, sexual harrassment and libel are already dealt with in our criminal and civil codes. We don't need idiot politicians using teen sex to get another smiley face on his resume.

[JerryRice]

03:05 PM on 08/04/2010

State and federal governments love to dip their dirty fingers in the people's constitutional rights, don't they?

Distribution of sexts from minors should be illegal, but if kept between consenting couples there is absolutely nothing wrong with that.

[benji85]

01:44 PM on 08/04/2010

If it's between two consenting minors, then I see no problem.

If they are explicit pictures sent en-mass, or not asked for then I see a problem.

But to just make it out right illegal isn't right.

[StopThePlanet]

01:41 PM on 08/04/2010

Create a forbidden fruit effect. That's brilliant! It will make it even more enticing.

[Euges]

01:32 PM on 08/04/2010

No new laws are needed. All they have to do is point out to the kids that after they break up, those pics are going to be posted all over 4chan with name, phone number, and email.

[langej]

01:06 PM on 08/04/2010

Absolutely right!
Teens should not be allowed to say anything to each other that I disagree with, under penalty of law.

[RobinSeattle]

09:33 PM on 08/04/2010

Damn straight! I send a harrumph of approval in your general direction!

:p

[CountMikeG]

12:42 PM on 08/04/2010

You know the nazis had sexts, that they made the jews view.

[RobinSeattle]

09:34 PM on 08/04/2010

The terrorists invented sexting because they hate our freedom.

[evangelicalchimp]

05:47 PM on 08/05/2010

and so our natural first response is to be sure to snuff out our own rights .......that'll show the pesky b astards!