VT- Alternative sought to Senate 'sexting' bill

4-18-2009 Vermont:

Creating separate crime for teens among proposals

MONTPELIER — Legislators sought Friday to allay concerns that they were condoning the new fad of “sexting” among teens by bolstering a bill under consideration.

The move comes after a Senate bill attracted national attention and had senators defending themselves against accusations that their bill condoned or legalized teens’ transmission of indecent photos.

“We hope to send the message that it’s not OK,” said Rep. Willem Jewett, D-Ripton.

Jewett and other members of the House Judiciary Committee proposed changes to the Senate bill that include creating a new, minor crime for teens who voluntarily send nude cell phone photos of themselves. This allows them to be charged criminally but not face more serious consequences that could put them on the sex offender registry for life.

“There are good reasons for the state setting public policy to say it’s illegal. It shouldn’t be a lifetime penalty,” said Rep. Peg Flory, R-Pittsford.

The Senate version, which passed last month, would exempt teens from prosecution for child pornography for voluntary sexting. NBC’s “Today” show was among the national media programs that focused attention on the bill in recent days.

(eAdvocate Post)

Sens. Richard Sears and John Campbell defended the effort on that program, saying they were trying to differentiate between bad behavior and criminal behavior. They said they didn’t want teens to wind up on the sex offender registry if a boyfriend and girlfriend shared photos of themselves with each other.

House members said reaction to that bill prompted them to seek alternatives that would allow the state to consider such behavior criminal but tone down the consequences. They are proposing a civil violation and a juvenile court criminal violation punishable by up to a $300 fine.

Prosecutors would still be able to levy more serious charges if they had evidence of coercion, said Rep. William Lippert, D-Hinesburg, chairman of the House Judiciary Committee. Lippert said his Senate counterparts agree with the changes.

Prosecutors are likely to look on the changes favorably, said Jane Woodruff, executive director of the Department of States Attorneys and Sheriffs. They were worried about the Senate version, she said.

Chittenden County State’s Attorney T.J. Donovan said he wants to have discretion to file charges appropriate to each case, something the Senate bill might have limited.

A pending case in South Burlington that Donovan is prosecuting involves a defendant who allegedly coerced several teenage girls into sending him sexually explicit photos and videos of themselves. Donovan said the case illustrates that sometimes sexting goes beyond foolish behavior and warrants more serious charges, as he filed in that case.

Donovan said what’s more important to him is systematic education of teens about the dangers of sexting. He tried to lobby House Education Committee Chairwoman Johanna Donovan to make such education mandatory in Vermont schools, but the Burlington representative, who is his mother, balked at adding mandates to the schools.

Lippert’s committee is instead calling for the Vermont sexual violence prevention task force to include the issue in its education efforts. ..News Source.. by Terri Hallenbeck, Free Press Staff Writer