News Release
For Immediate Release
October 20, 2009
Contact:
Aaron Zappia
(215) 657-7700
Greenleaf Introduces Legislation Addressing "Sexting" by
Minors
State Senator Stewart J. Greenleaf (R, Montgomery, Bucks) has
introduced legislation in response to recent incidents of "sexting" by minor
children in Pennsylvania. Sexting is a combination of the words texting and
sex, and refers to the transmission of sexually explicit images and videos using
a telecommunication device.
There have been many incidences of sexting in Pennsylvania by
minors, and district attorneys have struggled with finding the appropriate
offense for this inappropriate activity. Teenagers have been charged with
everything from disorderly conduct to child pornography. The proposed
legislation would provide guidance for law enforcement, and an alternative to
seeking a conviction for a more serious crime.
Senate Bill 1121, now before the Senate Judiciary Committee,
establishes the criminal offense of "dissemination of prohibited materials by a
minor" (sexting), and prohibits a person under 18 years of age from using a
computer or telecommunication device to knowingly transmit or distribute a
photograph or other depiction of himself or herself or of another minor who is
at least 13 years of age, in a state of nudity, to another person who is not
more than four years younger or more than four years older than the person
transmitting the photograph. The offense of sexting is graded as a summary
offense and the offender will be eligible for a diversionary program which will
include an educational component.
"We need to find ways to deter young people from engaging in
this behavior," said Greenleaf. "I also believe that we need to begin having
thorough discussions about the legal and non-legal consequences of using a
computer or a telecommunication device to share sexually suggestive materials."
The legislation targets sexting between young people of roughly
the same age (no more than four years younger or four years older). If a person
disseminates a photograph of a young child (under 13 years of age) in a state of
nudity or disseminates a photograph of himself or herself or of another minor
who is at least 13 years of age, in a state of nudity, to a person more than
four years younger or four years older, the offense may be treated much more
seriously. In addition, if the photograph depicts sexual intercourse, deviate
sexual intercourse, sadism, masochism or masturbation, the offense would be
treated as a more serious offense than sexting.
In drafting this legislation, it was noted that the juvenile
courts do not have jurisdiction over summary offenses. As a result, a juvenile
who is charged with a misdemeanor or even a felony and adjudicated delinquent in
juvenile court may be treated less harshly than a juvenile found guilty of a
summary offense before a magisterial district judge. In addition, the records
of a juvenile who is adjudicated delinquent are protected while the records of a
juvenile found guilty of a summary offense are public. Finally, expungement of
a juvenile’s record is easier than expungement of a summary offense.
While giving the juvenile courts jurisdiction over summary
offenses would overwhelm those courts, making them less effective, some changes
are necessary to make the treatment of juveniles more equitable regardless of
whether the juvenile is before a magisterial district judge or a juvenile court
judge. As a result, the legislation establishing the criminal offense of
sexting will include changes to the Juvenile Act. While summary cases involving
a juvenile would continue to be heard by a magisterial district judge, these
changes will apply many of the same protections that are available to juveniles
adjudicated delinquent to juveniles found guilty of sexting or other summary
offenses.
"Sexting has become a disturbing trend and must be addressed,"
said Greenleaf. "In the future, I hope that we are better prepared to educate
all young people about the dangers of this kind of behavior and why it is
wrong."
