Tuesday, June 7, 2011

Bill aims to nix kid-porn charges for teen sexting

By Athima Chansanchai

New York teens who are caught sending nude pics to each other may get a reprieve from more serious charges of child pornography if a new bill passes that gives them a sexting education program as an alternative.a

The "Cyber-Crime Youth Rescue Act," introduced on Friday, differentiates between acts of teen sexting and much more serious offenses of child pornography and other sexually-based offenses that carry hefty consequences.a

"There are too many kids who are getting themselves into serious trouble for adolescent behavior," Alan Maisel, a Democratic assemblyman from Brooklyn and co-sponsor of the bill, told The Wall Street Journal's Jacob Gershman. "I don't know if they should be tainted with this evil brush for the rest of their lives."a

The summary of the bill, AO8170, states that it would create "an educational reform program and a diversionary program for certain juveniles who are criminally charged with certain offenses involving the creation, exhibition or distribution of a photograph depicting nudity through the use of an electronic communication device, an interactive wireless communications device or a computer."a

In other words, it'd give a second chance to kids who think their lives are over once they get nabbed for sending their naughty bits from their phones or computers.a

More on that: a

The teenage practices of sexting and posting sexual images online are nationwide problems that have perplexed parents, school administrators, and law enforcement officials. Prosecutors in several states have charged teenagers who have engaged in these behaviors with criminal offenses, including distribution of  child pornography. A charge of this type can ruin the future of a young person who was too inexperienced to understand the consequences of his or her actions. It is necessary to develop an alternative to prosecution for juveniles who  are charged with a criminal offense for posting sexually suggestive or sexually explicit photographs on the internet or disseminating such images by use of other electronic media such as cell phones.a

The Office of Children and Family Services will be primarily responsible for the development and administration of the program, which would be available statewide. The program will be a scared-straight type of format, teaching these young first-time offenders the possible legal consequences for "sharing sexually suggestive or explicit materials" as well as the non-legal consequences, which could be just as much of a deterrent: loss of educational/employment opportunities, being barred from school or school activities and association with cyber-bullying. Not to mention the fact that once they put those images out there on the Internet, they're going to stick and be found, somehow, somewhere.a

So while the program, which may as well be called Operation Shame, might help teens avoid being marked as sexual predators for the rest of their lives, it may also make sex such an embarrassing subject for them that it yields its own negative consequences, especially for those who think sexting is just normal teenage behavior, using the latest technology.a

The program would be an option to prosecuting first-time offenders under the age of 18.a

Everyone that goes through the program would also be expected to undergo an evaluation at its completion, to judge whether or not they've truly comprehended the "consequences of his or her actions." The evaluation would determine whether or not a case against an offender goes forward.a

More stories:a

Average American teen sends and receives 3,339 texts a month Why are teenagers e-mailing less lately? Sexting,' 'buttload' and 'nom nom' added to dictionary Apple patents anti-sexting technology

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