Assemblywoman proposes sexting' bill aimed at educating teenagers
TRENTON Like most states, prosecutors and law enforcement officials in New Jersey are struggling over how to deal with teens who engage in racy online behavior, including sending explicit photos over their phones so-called “sexting.” Their actions technically amount to distribution of child pornography, a charge that could carry severe, lifelong penalties. But one Garden State lawmaker has recently introduced legislation aimed at curtailing “sexting” and similar problems, hoping it will make teens and parents better educated about the activities and the potential problems they can create. “Kids may be kids, but they can be forced to grow up in a hurry when an explicit photograph meant only for one person gets forwarded and re-forwarded throughout their school,” said Assemblywoman Pamela R. Lampitt, D-Cherry Hill. “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.” 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 proposed legislation also comes just months after a 14-year-old New Jersey girl was arrested in March for posting nude pictures of herself on MySpace. She initially was charged with child pornography and distribution of child porn for allegedly posting nearly 30 explicit pictures on the site, but eventually received probation and was ordered to undergo counseling. Under Lampitt’s proposal, juveniles caught sending sexually explicit photographs via their cell phones would not face criminal prosecution. It would instead create an educational program in which participants would learn about the potential state and federal legal consequences and penalties for sexting. They also would learn its personal costs including the effect on relationships, school life and the loss future employment opportunities. County prosecutors would determine who could be admitted into the educational program, and juveniles who successfully complete it would avoid trial. “Young people 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.” Two related bills (A-4068 and A-4070) would mandate that schools and phone retailers establish programs to provide information to youths and parents about the issue. The proposals have been referred to various Assembly committees, but no hearings have been scheduled as of yet.