Attorney general, law makers announce proposed Sexting Prevention Legislation

11-14-2010 Texas:

Sexting - the practice of sharing sexually explicit photographs and related content via cell phones - has become a new phenomenon especially among teenagers locally and around the nation, one that can lead to long-term consequences.

“Sexting message senders have no control of their message’s ultimate distribution. Embarrassing or sexually explicit messages can be forwarded to other students and later spread quickly through a school or across the country. In some cases, sexting images can even get posted on public websites or fall into law enforcement authorities’ jurisdiction,” officials of the Texas Attorney General’s Office said in a November 8 press release. “Under current Texas law, anyone who transmits an explicit image of a teen can face felony charges of possessing or trafficking child pornography. As a result, children who send images of themselves and their friends face serious criminal repercussions.”

Sen. Kirk Watson and Texas Attorney General Greg Abbot are proposing a new statute that would offer young offenders a bit of leniency for a spontaneous crime often committed out of ignorance of the law. Watson and Abbot are proposing legal provisions for these youthful offenses minors are punished for improper behavior but do not face life-altering charges. Under their proposal, teen sexting would become a misdemeanor offense punishable by probation and restricted cell phone usage. Judges would also be authorized to sentence minors to participate in an education program about sexting’s long-term harmful consequences.

“The proposed statute readily addresses the reality that technology and current laws have not kept up with the times, especially when it comes to teens, sexting and cyberspace. The reality is, sometimes teens aren’t the smartest when it comes to cyberspace,” said city of Houston victim advocate and websafety.com independent consultant Andy Kahan, who earlier this year gave a presentation on sexting at Kingwood Park High School. “Certainly, dealing with the sexting issues really doesn’t warrant being labeled as a sex offender for the rest of your life. We’re of the opinion that this will give prosecutors more tools and discretion to address this issue.”

A.G. officials cited a 2010 study by the Cyperbullying Research Center indicating that of 4,400 individuals between the ages of 11 and 18 surveyed, fiver percent of boys and three percent of girls admitted to uploading or sharing humiliating pictures of their romantic partners online or via cell phone. Study results also showed that six percent of both boys and girls said their romantic partners posted something publicly online to make fun of, threaten or embarrass them.

With the increasing availability of cell phones to teenagers and young children, sexting has become more prevalent in recent years. A 2008 report from the National Campaign to Prevent Teen and Unplanned Pregnancy indicates, officials noted, that 22 percent of teen girls said they have electronically sent or posted online nude or semi-nude images of themselves.

“The legislation that we are working on recognizes that sexting is wrong and illegal,” Watson said in a news release. “This proposed new law would provide education for our children regarding the harm sexting causes, and it will give prosecutors an appropriate tool to stop this problem.” ..Source.. STEFANIE THOMAS