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LEGISLATION Sending sexually graphic picture of another minor with aim of harassing the individual portrayed would be illegal

April 14, 2011

Bill would criminalize some sexting

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
Terrie Morgan-Besecker on Facebook   |   @TLTerrieMorgan on Twitter

HARRISBURG – The state Senate’s Judiciary Committee has approved a bill that would make it a crime for a minor to electronically transmit sexually explicit images of another minor with the intent to harass the person depicted in the image.

Senate Bill 850, which was presented to committee Tuesday by state Sen. Stewart Greenleaf, R-Willow Grove, would modify the crimes code to create the offense of “cyber bullying and sexting by minors,” which would be classified as a third-degree misdemeanor.

The bill resembles legislation relating to sexting – which refers to the transmission of explicit images via cell phones or the Internet – that was re-introduced by state Rep. Seth Grove, R-York, this session.

The key difference is that Greenleaf’s bill would not impact minors who consensually transmit images of themselves, whereas Grove’s bill would criminalize such conduct.

Marsha Levick of the Juvenile Law Center appeared with Greenleaf at a press conference at the state Capitol on Tuesday to support the legislation.

The group’s support comes as somewhat of a surprise as it has adamantly opposed Grove’s bill, which was reintroduced in February after failing to pass in the legislature last session. It is currently before the House Judiciary Committee for review.

Levick said the JLC continues to oppose Grove’s bill, arguing it would do more harm than good by criminalizing behavior that, while ill advised, is a product of normal sexual experimentation by young adults.

Greenleaf’s bill would target only those minors who utilize images to intentionally harm another person, which clearly constitutes a crime, Levick said.

“It does not penalize children for engaging in what is often stupid, reckless, adolescent behavior, but focuses on harm, which is what our criminal justice system is designed to address,” Levick said.

The Greenleaf bill specifically makes it illegal for a minor to transmit an image of another minor in a state of nudity with the intent to “coerce, intimidate, torment, harass or otherwise cause emotional distress to the other minor.” The transmission must have been done without the minor’s knowledge or his or her consent.

The bill passed the Senate Judiciary Committee by a 13-1 vote. It will now go before the appropriations committee and, if approved, to the full Senate for a vote. If it passes there, it would go to the House of Representatives.

While the JLC remains concerned about any law that criminalizes sexting, Levick said she believes Greenleaf’s proposal provides a more reasonable approach to address the issue.

“We are never going to get perfect legislation, but his is a much better approach to deal with what a lot of parents, school officials and law enforcement officials are worried about,” she said.

The sexting law is among several provisions within Senate Bill 850 that would alter the juvenile justice system so that it better serves the interest of juveniles as well as the general public, Greenleaf said.

Another key provision of the bill would close district judge hearings for juveniles who are charged with a summary offense – the lowest level charge in the crimes code, similar to a traffic ticket.

Under current law those hearings are open to the public, which means the identity of the juvenile is revealed. That differs from juvenile court, which handles juveniles charged with misdemeanors and felonies – which are more serious offenses. Those hearings and records are closed to the public.

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