In the digital age sending sexually explicit photos, messages or videos from a cellphone or over the internet has become so common it has a name: “sexting.” While not exclusive to any one age group, a National Center for Missing and Exploited Children study found that 19% of teens, nearly one in five, have engaged in sexting. When a minor takes a naked photo of him or herself and sends it to a boyfriend or girlfriend, that child is technically committing a crime: disseminating child pornography. It’s a crime that carries hefty penalties and could land teens on sex offender registries. This has become a tricky issue nationwide and prosecutors have had to grapple with some tough questions. If a minor takes a nude self-portriat should that child be charged? What if the “photographer” sends it to a friend who then sends a blast email to the whole school? Who, if anyone, should be punished in that situation? And should the repercussions follow a minor for the rest of his or her life?
Connecticut is one of at least fifteen states considering legislation to address teen sexting. State Representative Rosa Rebimbas introduced a bill that would create a lesser category of punishment for minors who transmit child pornography electronically. Rebimbas says that in many cases a felony punishment doesn’t fit the crime and her bill is designed to give prosecutors options. If passed, under the new law prosecutors would be able to charge minors with a class a misdemeanor rather than a felony. “The felony conviction of course could carry with it a prison term, also hefty fines in combination with that and again the most devastating is the fact when you have a felony conviction it could be very difficult for anyone who’s searching for jobs as well as having to register as a sex offender,” says Rebimbas. Make no mistake though, she doesn’t plan on letting kids off with a slap on the wrist if punishment is warranted. “The misdemeanor would be something that would stay on their record, absolutely and I think the important point in that is to hold minor children accountable for their actions because there are true victims as a result of these acts,” Rebimbas explained. And, she says, prosecutors would still have the choice of not prosecuting at all if the behavior is not malicious.
Not everyone thinks more laws are the right solution to the problem though. Connecticut Victim Advocate Michelle Cruz says education is key. “I think we’re in a society where a lot of times what we try to do is we see an issue, we want to resolve it so we think legislation. Sometimes the best answer is education, not codifying certain behaviors,” says Cruz. Cruz believes creating a law that defines teen sexting as a crime and is targeted to put them in the criminal justice system is not the way to go. “I feel that carving a specific section for an age specific group of individuals for pornography is dangerous. Now we’re codifying sexting and we’re saying to kids, this is pornography and we’re identifying it by creating a law to penalize them,” she said. Cruz advocates mandatory education to teach teens about the potential ramifications of sexting.
Both sides agree that there is no clear cut solution though. Ernie Allen, President of the National Center for Missing and Exploited Children notes that it is not a problem that can be responded to in a one size fits all manner. “The vast majority of sexting does not require criminal prosecution. It requires education and counseling, teaching kids that there are repercussions from this behavior. We have a campaign out there called think before you post. However, I think minimizing it ignores the fact that some elements, some examples of this behavior are very serious and do rise to the level that require criminal prosecution,” he says.