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TagsProposal moves to Senate for consideration
New Jersey children caught sending sexually explicit photographs via their cell phones would not face criminal prosecution but rather intense education on the ramifications under legislation approved 78-0 by the Assembly Monday.
The proposal is designed to curtail a practice known as “sexting,” a problem that has increasingly perplexed parents, school administrators and law enforcement officials because of ambiguities in child pornography laws. Prosecutors in several states have charged teenagers with criminal offenses, including distribution of child pornography.
The measure (A-1561) would create 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 in the program 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 into the program and juveniles who successfully complete it would avoid trial.
The measure moves to the Senate for consideration.
“Teens need to understand the ramifications of their actions, but they shouldn’t necessarily be treated as criminals,” Assemblywoman Pamela Lampett (D-Camden), a co-sponsor, said. “We need to create a path that places education and forgiveness before arrest and prosecution. 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.”
“Educating young people and getting them to change their behavior must be our focus,” Assemblywoman Celeste Riley (D-Salem), a co-sponsor, said. “Those conversations need to happen between a parent and child and among peers. These measures can spark those conversations or, in the worst case, ensure that kids who do make a mistake don’t pay for it in court.”
Assemblywoman Valerie Vainieri Huttle (D-Bergen) is the other co-sponsor.
– TOM HESTER SR., NEWJERSEYNEWSROOM.COM
