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Sponsored by Assemblywomen Pamela Lampitt, Celeste Riley and Valerie Vainieri Huttle and unanimously approved by the entire Legislature, the measure, which clarifies child pornography laws that in several states have led to criminal charges against youngsters.
“This has become a growing problem because technology has changed so rapidly, making it hard for parents to keep up and for teens to understand the ramifications of this behavior,” Vainieri Huttle said.
The law “creates a nuanced approach to the issue, one that recognizes that kids will do foolish things, while also creating a serious mechanism to address the problem,” she said.
According to a 2008 survey by the National Campaign to Prevent Teen and Unplanned Pregnancy, roughly one-in-five teens – including 11 percent of girls aged 13 to 16 – have sent a nude or semi-nude picture or video of themselves to friends or posted one on a Web site.
The new law creates an educational program as an alternative to prosecution for juveniles who otherwise could be charged with a criminal offense for posting or sending sexually suggestive or sexually explicit photographs.
Participants would learn about the potential state and federal legal consequences and penalties for sexting as well as its personal costs – including the effect on relationships, its impact on school life and the loss of future employment opportunities. County prosecutors would determine who could be admitted. Those juveniles who successfully complete the program would avoid any kind of serious trouble.
“Teens need to understand the ramifications of their actions, but they shouldn’t necessarily be treated as criminals,” Lampitt said. “We need to create a path that places education and forgiveness before arrest and prosecution.
“This takes a practical approach to a confounding problem, rather than slapping a one-size-fits-all punishment on teenagers whose motives may be entirely different than adults that face similar charges,” she added. “Teens shouldn’t necessarily be treated as criminals when they’re at that age where they don’t have a full understanding of the ramifications of their actions.
“Young people – especially teen girls – need to understand that sending inappropriate pictures is not only potentially illegal, but can leave an indelible mark on them socially and educationally. We need to create a path that places education and forgiveness before arrest and prosecution, and that’s what this law does.”
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