Florida Lawmakers Consider Going Easier on Sexting Teens

From the Orlando Sentinent by Josh Hafenbrack (March 22, 2010) "In an age of text-crazy teens, the Florida Legislature is taking aim at a racy pastime: sexting. State lawmakers Monday took up a bill that would, for the first time, create a separate penalty for the increasingly common, and risqué, practice among teens — sending naked or suggestive pictures of themselves via cell phone or e-mail. The bill's sponsor, Rep. Joseph Abruzzo, D-Wellington, said it's aimed at softening the current legal situation on sexting, in which teens can face being labeled as sex offenders under child pornography laws. "We shouldn't be labeling our children as sexual predators for this type of behavior," Abruzzo said. "We are lessening the penalties. When the child pornography laws were written, they obviously didn't take this into consideration." Under the bill, if one teen sent a naked photo to another, both could be prosecuted — the first for sending the picture and the second for possessing it. First-time offenders would get a slap on the wrist, eight hours of community service and a $25 fine. The second offense becomes a misdemeanor and would net up to 60 days in jail and a $500 fine. "Its stupid behavior that young people will regret for years to come, but it shouldn't be treated as child pornography," said Sen. Dave Aronberg, D-Greenacres, the bill's sponsor in the Senate. "We're trying to make the punishment fit the crime." Lawmakers on a House public safety committee approved the bill (HB1335) on a unanimous vote, which applies only to sexting between minors. The idea still must clear numerous hurdles to become law before the Legislature adjourns April 30. Current Florida law has no provisions dealing with sexting, although people who send naked photos of themselves or others can be prosecuted under child pornography laws. That's what happened to an 18-year-old in Orlando, Phillip Alpert, who was charged with distributing child pornography when he sent naked pictures of his 16-year-old girlfriend to her friends and family after the two had an argument. He was sentenced to four years probation and required to register as a sex offender. Harsh penalties have been used to combat teen sexting in other states. One example: Three teens in Pennsylvania , all 14 or 15, were charged with child pornography for sexting their boyfriends last year. One in five teens, including 22 percent of teen girls, have sent a nude or semi-nude photo or video of themselves, according to a survey conducted by the National Campaign to Prevent Teen and Unwanted Pregnancy. A third of young adults, ages 20 to 26, reported doing so. Amy Adler, a law professor at New York University , said current debate is over whether to decriminalize sexting altogether or to create penalties that aren't as harsh as child pornography laws. Last year, Nebraska , Utah and Vermont reduced the penalties for teenagers involved in sexting, according to the National Conference of State Legislatures, and 14 more are currently considering similar laws. "The spirit of the child pornography laws is to protect children from predators, not from themselves," she said.