OH- Teen Unwilling Participant In 'Sexting,' Prosecutor Says

3-6-2009 Ohio:

2 Mason Students Face Misdemeanor Charge

MASON, Ohio - Prosecutors said they declined to charge one of the three teens accused of sending illicit photos by cellular phone because she did not want to participate.

Two Mason teenagers were charged with contributing to the delinquency of a minor earlier this week after nude pictures of their classmates were allegedly found on a cell phone

A third teen will escape charges because she caved to pressure from the other teens, said Warren County Prosecutor Rachel Hutzel.

"These teenagers could be charged with a felony and be labeled as sex offenders for these acts," Hutzel said. "I don't believe that these teenagers are felons or sex offenders, but these are illegal and dangerous actions and must be stopped."

"Sexting" has grown in popularity among teenagers, who said concerns by adults are overblown.

"It's her responsibility to make sure like pictures of herself don't get around the school, but if she wants it to, then it's up to her," said Mason sophomore Amanda Eads.

Authorities said public indecency laws don't specifically address sexting, because that statute requires the victim and perpetrator to be in close proximity.

But Hutzel said she wants exposure by electronic media to be included.

"Now the difficulty is going to arise in making sure that that doesn't give an out to a true sex offender or child pornographer," she said.

Hutzel contacted state Rep. Ron Maag, a Republican from Lebanon, about the need to update the law.

"I don't think anyone wants to risk giving a sexual predator label to a teenager for just doing something rather stupid," Maag said.

Prosecutors in other states are also trying to deal with the problem. Police in Waukesha, Wis., were pursuing possible felony child pornography charges against teens accused of distributing a nude photo of a 14-year-old girl.

Ohio Attorney General Richard Cordray said he agrees the law needs to be updated and suggested the state Legislature address the issue while debating separate bills that deal with teen dating violence.

Lakota Local Schools is trying to educate students and parents about the issue.

"I do think unifying the response to this problem is critically important for the Legislature to do so young people can understand the nature of this and the penalties," said Jamie Green, Lakota school board president.

Lakota East High School's "Spark" news magazine is also trying to inform students.

"A lot of students talk about this as if it's a joke," said editor Katrina Echternacht, 16, of West Chester. "But it's really scary that they can be prosecuted for teen porn." ..News Source.. by WLWT.com