Florida considering reducing penalties for teen "sexting"

As parents of teens know, kids can spend hours talking and texting on their cellphones. Another teenage cellphone activity starting to get media attention is "sexting": the sending of nude photos of themselves or others by phone, e-mail or on the Internet.

While "sexting" might appear to be relatively harmless, the practice can currently be prosecuted in Florida under child pornography laws as a felony. If convicted, a Florida teenager could be branded a sex offender and subject to registration for decades, simply for sending a racy photo to a friend.

A pair of Palm Beach County lawmakers are proposing a change to state law prohibiting the distributing and receiving photographs of nude minors by having the law not apply to minors until the fourth offense.

The bill (SB 2560, HB 1335) would create a new juvenile offense for "sexting". It would prohibit minors from using cellphones, computers and other electronic devices to send photos of themselves or others nude and it would prohibit them from resending photos of other nude teens they receive.

A first-time offense for teen sexting would be a $25 fine or eight hours of community service. A second offense within a year would be a second-degree misdemeanor; a third offense within two years would be a first-degree misdemeanor. A fourth violation of the sexting law within three years would rise to the level of a felony offense.

One of the bill's sponsors, Sen. Dave Aronberg, told the Palm Beach Post News, "Child pornography laws were never intended for cases like this where the pornographer is also the victim."

Critics of the proposal say that the new law would fix a problem that doesn't exist. They say prosecutors aren't charging teens with felonies for sexting; therefore no change in law is needed. They say parents, not the courts, are handling teen sexting problems in Florida.

Aronberg admits he's unaware of Florida cases in which a minor has been charged with a child pornography felony for sexting, but he reminds his critics that a teen can be charged with a felony for child pornography.

"Right now it's child porn or nothing. This gives a better alternative," he told the newspaper.

He said the origin of his bill is a 2007 case in which an18-year-old in Orlando was charged with distributing child pornography after forwarding a photo of his nude 16-year-old girlfriend she had taken of herself. He sent the photo to her family.

He wound up on the state's sex offender registry for 25 years -- until he is 43 years old. He also received four years of probation.

Though the bill's genesis is in that case, the proposal would, ironically, not have helped the 18-year-old. Aronberg's proposed change would shield only those under the age of 18 from child pornography charges.

The bill's other sponsor, Rep. Joe Abruzzo, says of sexting teens, "Their intent isn't to publish pornographic material. It's more based on youthful indiscretions. Most of these children are acting in an immature fashion and the law should have some leniency to make sure so that these children aren't branded as sex offenders for the rest of their lives."