OH- Lawmakers weigh reduced penalty options for teen 'sexting' messages

5-6-2009 Ohio:

Columbus -- Teens would be prohibited from sending nude photos of themselves to others via cell phones but would face lesser potential penalties for doing so, under legislation introduced at the Ohio Statehouse.

Senate Bill 103 "brings needed balance to Ohio law to hold teenagers accountable for their actions, without having to charge them as sexual offenders, and will raise awareness for how serious and common sexting has become," said Sen. Bob Schuler (R-Southwestern Ohio).

Schuler and Republican Rep. Ron Maag have introduced companion bills in the Senate and House on the sexting issue.

Schuler offered sponsor testimony before the Senate's criminal justice committee April 29.

The phrase combines the words "sex" and "texting" and refers to potentially prurient messages and images send over electronic devices, like cellular phones or laptop computers.

The issue has gained national attention following incidents in multiple states in which teens face child pornography charges for sending nude or scantily clad images to other teens.

The proposed legislation defines sexting as activities involving individuals younger than 18 who take nude or semi-nude photos of themselves or others (with consent) and send them to other juveniles via electronic mail or cell phones.

Those who participate in such activities would face misdemeanor charges.

Under existing state law, such offenders can be charged with felonies and be required to register as sex offenders.

"I don't think [the penalties for sexting] should rise to [a felony] level," Schuler said. "What this bill is doing is providing an alternative to the prosecutors." ..News Source.. by Marc Kovac