Teen ‘sexting’ bill overdue in Ohio

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11:59 AM Wednesday, May 12, 2010

It’s taken more than a year since the problem was widely identified in Ohio, but a new piece of legislation related to the phenomenon known as “sexting” will get its first hearing today, May 13, in Columbus. It’s about time.

As you probably already know, the term “sexting” refers to the audacious practice of taking indecent photos of yourself and then distributing them through e-mail or text-messages to boyfriends/girlfriends. Today’s camera-equipped cell phones make it simple, and recent surveys show that one in four teens has been involved in sexting.

Problems have arisen because — like any digital image — naughty photos from your cell phone can easily be shared and wind up being viewed by people you don’t know — and probably don’t care to know. And unlike old Polaroids, they don’t age and fade away — which should make those 20-year high school reunions in 2030 more interesting.

But the most serious concern? Strict interpretations of child pornography laws by prosecutors could also result in a “sexting” participant being charged with a serious felony offense if the subject of the photo is underage.

And that is what House Bill 473, sponsored by state Rep. Connie Pillich, D-Montgomery, hopes to address. As staff writer Jim DeBrosse reported this week, Pillich’s bill is similar to bills in 14 other states that are considering laws to discourage teens from sexting, but not treat them like adult sex offenders.

Few would argue that adults distributing photos of underage teens should not be prosecuted fully, but — as DeBrosse reported — many law-enforcement officials are hesitant to press charges against sexting minors because current state laws make no distinction between adults and teens.

Prosecutors and educators here and around the nation sounded the alarm in 2009 — your teen could be convicted and classified as a sex offender — after a number of well-publicized arrests were made, including two 15-year-olds in nearby Mason, in connection with sexting photos. At the time, prosecutors Robin Piper of Butler County and Rachel Hutzel of Warren County warned parents that teens technically could be charged — under existing laws — with child-pornography felony offenses and be classified as sex offenders by possessing risque cell-phone images of friends.

Embarrassment and possible prosecution aren’t the only problems associated with the practice. A handful of suicides have occurred around the nation — including an 18-year-old Cincinnati-area girl in 2008 — after what seemed like harmless fun led to humiliation and harassment.

Pillich’s bill, if passed, would make sexting by teens a misdemeanor, but allows prosecutors to press felony charges if they are appropriate, DeBrosse explained. It was to be presented today before the House Public Safety Committee.

We still believe it’s the obligation of parents to talk to their children — perhaps as they buy a child’s first cell phone — about sexting, privacy issues and the responsible use of a phone’s camera. And we also support common-sense legislation, like Pillich’s, that treats this offense by teens judiciously and appropriately. The House should expedite its passage.

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This is a GROTESQUE law, an invasion into the private lives of Ohio citizens. It will likely be challenged in court as unconstitutional, and it should be. What an abomination!

Booger
10:50 AM, 5/18/2010

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Politicians love the spotlight. They don't sovle problems for the taxpaying adults. Parents need to monitor their children's behavior with all electronics. This will be another law that will be selectively enforced, if at all. Quit wasting taxpayer money! If you have nothing to do, refund the hours you don't work. No more wasting taxpayer money for political gains.

taxpayer money
3:37 PM, 5/17/2010

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The headline is somewhat misleading. The intent is to give prosecutors a lessor offense with which to charge the teens, or hopefully no offense at all in most cases. Not to crackdown on teens who behave like dumb teenagers.

Jeff Kitchen
10:31 AM, 5/14/2010

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What a sad commentary on the de-volution of our social fabric and values that we have to pass "laws" to protect people, particualrly children, from making total a**es themselves on a mass scale. But why should we be surprised when public figures, entertainers, politicians, sports stars, etc, do similar things all the time without batting an eye? When personal accountability and shame were butchered on the alters of political correctness, tolerance, diversity, etc., the results were guaranteed.

cda
4:46 PM, 5/13/2010

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@Not Needed - Did you read the article? It has nothing to do with banning texting altogether.

I don't think that this law is necessary; who will enforce it? Not the kids who are doing it.

Chris
11:24 AM, 5/13/2010

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