Effort begins to standardize sexting penalty

4-2-2009 National:

A New York lawyer and an Ohio couple, whose daughter committed suicide after a sexting incident, seek a federal law to set penalties for teens who send racy photographs via cell phones.

Attorney Parry Aftab, joined by Albert and Cynthia Logan of Cincinnati, say there's too much variance in how sexting cases are handled from state to state.

"Right now, the laws are too hot or too cold," said Aftab, executive director of WiredSafety, an Internet privacy group.

Others, including an Ohio legislator, are trying to introduce legislation that would make it a misdemeanor for minors to send nude images via cell phones.

Under present Ohio and Pennsylvania law, a teen involved in sexting can be charged with a harsher felony offense.

The Logans' 18-year-old daughter, Jessie Logan, hanged herself in her bedroom last year after cell-phone pictures that she sent to a boy were forwarded to many others in the Cincinnati area. After the photographs were widely distributed, Jessie Logan was taunted by classmates and others. About two months before she took her life in May, she was interviewed on television and warned other teens about the harm of sexting.


The Logans did not return phone calls seeking comment.

In some areas of the country, authorities investigate sexting incidents, then handle them privately or do little with them, Aftab said.

In Pennsylvania and other states, authorities can file felony child-pornography charges against the teens. Aftab and others view pornography charges as too severe and intended for pedophile suspects.

"You get a slap on the wrist ... or you go to jail and your life is ruined," Aftab said. "We need consistency."

Some law enforcement officials say child-porn charges force parents and teens to attend a hearing and to address any behavior problems.

Six Greensburg Salem students were charged earlier this year with felony child-pornography offenses after a sexting incident. Similar cases have been reported in other school districts in Westmoreland, Fayette and Allegheny counties. The teens were charged in some cases.

The charges against the Greensburg Salem students were reduced to misdemeanor offenses in Westmoreland County Juvenile Court, where the goal is rehabilitation, not punishment.

Most of the teens entered into consent decrees, which typically involve community service or a curfew. The teens also were ordered to take part in educational or counseling programs.

The mother of one of the boys who was charged said she was glad the offense was reduced to a lesser charge.

"I think child pornography is pretty harsh," said the mother, who spoke on the condition that she not be identified. "That's just something teenagers do, and I think charging them isn't going to make a difference. They're going to do it no matter what. Just look at MySpace (or any other Internet site used by teens)."

This week, a federal judge in Scranton temporarily blocked an attempt by Wyoming County's district attorney to file child-pornography charges against three teens who sent racy photos of themselves by cell phone.

Witold Walczack, legal director of the American Civil Liberties Union state chapter, which filed the suit on behalf of the girls and their parents, said Tuesday that he hopes the case will cause prosecutors to look "closely and narrowly" at Pennsylvania's pornography law before they consider filing charges in sexting cases.

"This country needs to have a discussion about whether prosecuting minors as child pornographers for merely being impulsive and naive is the appropriate way to address the serious consequences that can result" from sexting, he said.

Prosecutor George Skumanick Jr. told the Associated Press that the decision "sets a dangerous precedent by allowing people to commit crimes and then seek refuge from state arrest in federal court."

The complaint alleges that Skumanick wrongly demanded that the Tunkhannock School District students voluntarily take part in education programs and drug-testing, or he would file the charges.

The judge's ruling grants the teens a temporary restraining order to prevent Skumanick from filing the charges while the lawsuit proceeds. The judge said he "offers no final conclusion on the merits" of the teens' case and scheduled a hearing for June 2. ..News Source.. by Bob Stiles, TRIBUNE-REVIEW