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Jul. 21, 2009

Law enforcement officials and state prosecutors in New Jersey are trying to figure out how to deal with teenagers who engage in racy online behavior, including sending explicit or nude photos of themselves over their cell phones, or what's now universally called "teen sexting."

Overall, such behavior is technically considered distribution of child pornography, a charge that could carry severe and lifelong penalties.

However, one state lawmaker has recently introduced legislation aimed at curtailing "sexting" and similar problems, hoping it will make teenagers and their parents better educated about the activities and the potential and troublesome legal problems they can create.

According to a 2008 survey by the National Campaign to Prevent Teen and Unplanned Pregnancy, about 20 percent of all teens (including 11 percent of girls aged 13 to 16) have sent a nude or seminude picture or video of themselves to friends or posted one on a website.

The proposed state legislation also comes just a few months after a 14-year-old New Jersey girl was arrested in March for posting nude pictures of herself on MySpace. She initially was charged with child pornography and distribution of child porn for allegedly posting nearly 30 explicit pictures on the site, but eventually received probation and was ordered to undergo counseling.

"Kids may be kids, but they can be forced to grow up in a hurry when an explicit photograph meant only for one person gets forwarded and reforwarded throughout their school," said Assemblywoman Pamela Lampitt, D-Cherry Hill.

"Teenage girls (and boys) need to understand that sending inappropriate pictures is not only potentially illegal, but can leave an indelible mark on them socially and educationally," added Lampitt.

Under her proposal, juveniles caught in the state of New Jersey sending sexually explicit photographs via their cell phones would not face criminal prosecution.

The state would instead create an educational program in which participants would learn about the potential state and federal legal consequences and penalties for sexting. They also would learn its personal costs — including the effect on relationships, school life and the loss of potential future employment opportunities.

County prosecutors would determine who could be admitted into the educational program, and juveniles who successfully complete it would avoid trial.

Lampitt said "young people need to understand the ramifications of their actions, but they shouldn't necessarily be treated as criminals. We need to create a safe path that places education and forgiveness before arrest and prosecution."

Some observers expect other U.S. states to propose similar guidelines, or at least amend some of their current laws in a likewise fashion to what Lampitt is proposing.

In New Jersey, two related bills (A-4068 and A-4070) would mandate that schools and phone retailers establish specific programs to provide information to youths and parents about the legal and social problems of teen sexting.

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Source: The State of New Jersey.