PA- Should "sexting" be a criminal act? Part IV

Part-III

8-2-2009 Pennsylvania:

Pennsylvania does not have any statutes that specifically deal with the issue of teen sexting, nor are there any bills on it currently pending before the state legislature. Unlike Pennsylvania, however, its sister state, New Jersey is attempting to address the problem. Recently, legislation has been introduced to the State Assembly , that if passed, would create a diversionary program for teens who are criminally charged with the practice.

Under the proposed program, any teen who is accepted into and successfully completes it would avoid criminal prosecution.To be eligible for the program, the teen would have to be a first time offender who was unaware that the act was a criminal offense and have had no intention to commit one. The teen must also be one who would be harmed by the imposition of criminal penalties and one likely to be deterred from engaging in the act in the future.

The educational portion of the program would provide the teen with information concerning the legal and non-legal consequences of sharing the sexually suggestive materials and how the unique nature of doing so over the internet can have long term and lasting effects on their life and employment prospects. It would also emphasize the connection between sharing the materials and cyberspace bullying.

If passed, the law would take effect in seven months and would de-criminalize sexting for a least a portion of those New Jersey teens that engage in the practice. Whether or not the legislation would be effective in its other purposes, to educate the teens on the consequences, both legal and non-legal of transmitting non-provocative nude photos over the internet and to sensitive teens about cyber bullying remains to be seen. However, having a diversionary program like this is better than the alternative incongruous consequence of seeing underage children convicted of child pornography.

Interestingly enough, the diversionary program proposed by New Jersey lawmakers is strikingly similar to the pretrial program proposed to the defendants by DA George Skumanick in the Wyoming County, Pennsylvania case. Perhaps Pennsylvania legislators should follow New Jersey's example and codify the program rather than leave the proposing of such up to individual DA's like Skumanick. Whatever Pennsylvania lawmakers choose to do, however, their efforts to halt sexting practices may fail. As federal Judge Munley seemed to indicate in his opinion in the Wyoming, County case, transmitting non-provocative nude pictures of oneself may be protected by the First Amendment.

..Source.. by Rosanne O'Malley