Friday, February 10, 2012
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By Terrie Morgan-Besecker tmorgan@timesleader.com
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A proposed bill that would make it a misdemeanor for a juvenile to transmit a nude photo of himself or herself via a cell phone or the Internet is an over-reaction to a problem that would be more adequately addressed through increased education, several juvenile rights advocates said Thursday.
“This is essentially killing a flea with a hammer,” Marsha Levick, legal director for the
The bill, which is expected to go before the House Judiciary Committee for a vote next week, would make the transmission of a nude photo of a minor – either by the minor or someone else - a second degree misdemeanor.
The practice, commonly known as “sexting,” has become a national concern among parents, school officials and law enforcement. A recent study estimated that roughly 20 percent of teenagers have engaged in the activity.
Some prosecutors have reacted by charging “sexters” with possession of child pornography, a felony. A federal appellate recently heard arguments regarding such a case from
Ironically, it was concern that juveniles were being charged with felonies that led the bill’s prime sponsor, State Rep. Seth Grove (R-York), to introduce the legislation.
“We don’t have a set policy across the state of how to deal with sexting. Some DA’s were charging people with felonies,” Grove said when contacted at his office Thursday. “I didn’t think the penalty fit the crime.”
Levick acknowledged the bill would lessen the degree of criminality for sexting. The issue, she said, is whether the behavior should be a crime at all?
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