Texas Gov. Perry signs bill making teen sexting a misdemeanor

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Texas Gov. Perry signs bill making teen sexting a misdemeanor

2011-06-22 07:55:16 GMT+7 (ICT)

AUSTIN, TEXAS (BNO NEWS) -- Texas Governor Rick Perry has signed a bill which will soon decrease the penalty for teenagers who are caught 'sexting' with each other to a misdemeanor. Currently, convictions as a result of sexting can have devastating consequences.

Sexting is the act of sending sexually explicit messages and/or photographs, usually via mobile phones. It has become a controversial issue in recent years when it involves children as prosecutors are unsure how to stop and how to punish the behavior, and some prosecutors believe that they can either charge the juveniles with crimes that carry overly harsh penalties or enter no charges at all.

Texas Senate Bill 407, which was introduced by Senator Kirk Watson and sponsored in the House by Rep. Tom Craddick, is intended to prevent teenagers from sexting without subjecting them to serious criminal penalties which have life-long consequences.

Currently, and until the bill becomes law on September 1st, any person - including minors - who transmits an explicit image of a minor can be prosecuted for felony child pornography possession or trafficking violations. As a result, children who send illicit images of themselves or their friends face felony charges with life-long consequences, including registration under the sex offender registration program.

Under the new law, prosecutors can charge teenagers who engage in sexting with a misdemeanor and can request that the court sentence minors to participate in an education program about sexting's harmful long-term consequences. SB 407 also requires the Texas School Safety Center, in consultation with the Texas Attorney General's office, to develop an educational program that school districts can use to address the consequences of sexting.

A misdemeanor under Texas state law is punishable by a fine of not more than $4,000, confinement in jail for a term less than a year, or both.

"Studies show that teenage students are increasingly creating, sending and receiving explicit pictures of themselves on their mobile telephones," Texas Attorney General Greg Abbott said. "This practice is not just harmful to the young Texans who appear in compromising photographs - it poses significant legal risks. Thanks to Sen. Kirk Watson's legislation, Texas has a common-sense law that holds wrongdoers accountable - but does not impose life-altering consequences on young offenders."

Watson said the bill is a timely, thoughtful, bipartisan response to a 21st Century legal issue which is facing children and prosecutors. "This problem must be met head-on with both educational opportunities and appropriate consequences. We've given law enforcement an alternative for dealing with juveniles who make a mistake, and we've left prosecutors the discretion to pursue felony charges against those who constitute a true threat to our children," Watson said.

Last month, two 13-year-old children from Indiana were charged with child exploitation after school officials learned that they had been texting nude photos of themselves to each other.

One in five teen girls and boys has admitted to sexting, according to a survey conducted by the National Campaign to Prevent Teen and Unplanned Pregnancy. An even large number said they had received sexually explicit photos of other children which were meant to be private, highlighting the risk of sexting.

As state sex statutes were written before cell phones and the Internet, more than a dozen states are currently considering rewriting sex laws to update them in order to separate sexting from child pornography. This would allow lighter punishments for those caught sexting.

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