Growing consensus to handle teen sexting differently

Great news on the New York Times's front page yesterday: "There is growing consensus among lawyers and legislators," the Times reports, "that the child pornography laws are too blunt an instrument to deal with [naked photo-sharing, or sexting, which the paper describes in a slightly odd way as] an adolescent cyberculture in which all kinds of sexual pictures circulate on sites like MySpace and Facebook." The description left out cellphones, largely the focus of the public discussion about sexting (if not the activity itself). "Last year, Nebraska, Utah and Vermont changed their laws to reduce penalties for teenagers who engage in such activities," the Times continues, "and this year, according to the National Council on State Legislatures, 14 more states are considering legislation that would treat young people who engage in sexting differently from adult pornographers and sexual predators." And last week saw "the first case ever to challenge the constitutionality of prosecuting teens for 'sexting'," Law.com reports. "A unanimous three-judge panel [of the Third Circuit Court of Appeals in Philadelphia] concluded there was no probable cause to bring any charges against the girls who had appeared in various states of undress in photos shared among a group of teens. Missing from the prosecutor's case, the court said, was critical evidence about who exactly had transmitted the images," according to Law.com, which added the court also found that former prosecutor George Skumanick, Jr., had "violated parents' rights by usurping their roles." According to the Times, states are considering various ways to handle sexting by minors – some as a misdemeanor, others as a juvenile offence along the lines of "truancy or running away." Do read the Times piece for legal scholars' views. [Here's my earlier post about the Pennsylvania case.]

States' anti-sexting legislation

Right now in Illinois, a teen who takes and sends a nude self-portrait on a cellphone can "be charged with production and/or manufacturing of child pornography," resulting in "mandatory sex offender registration," Suburban Chicago News reports. So State Rep. Darlene Senger has filed legislation that would keep a sexting case involving a minor out of court. Representative Senger told the News that the aim is accountability appropriate to the age and intent of the sexter (assuming it was neither malicious nor criminal) - e.g., "community service, writing term papers, apology letters, curfew regulations and allowing parents to install software on their cell phones to closely monitor their child." Here's the view from Illinois teens in the Naperville Sun. In Colorado, the CBS4 News headline is "'Sexting' Now The Same As Internet Luring In Colo.", because Colorado is adding cellphones to its child-sexual-exploitation law, but I think CBS4 didn't understand the legislation authors' intent simply to add phone-based photo-sharing to the Web-based variety. Meanwhile, anti-sexting ed is in the works for Colorado youth. Jefferson County District Attorney Scott Storey's office (in the Denver area) is working to develop a "6-to-9-month program that children will have to go through that educates them about boundaries if they're caught sexting." Brochures for school distribution are also in the works. [Vermont recently passed a law that decriminalizes sexting by minors (see "Sexting legislative update" for more).]

More and more state cyberbullying laws

At least 13 US states have passed laws requiring school districts to develop policies on cyberbullying, the Washington Post reports, and "a handful of other states" are considering the same. Arkansas, Delaware, Idaho, Iowa, Michigan, Minnesota, Nebraska, New Jersey, Oklahoma, Oregon, South Carolina, and Washington are among those with laws already in place, and California just joined them at the turn of the year, San Francisco's KCBS radio reported. Developing cyberbullying policy is not easy for schools because of the need to balance students' protection with their free-speech rights. Such policymaking becomes a problem, civil liberties advocates say, when schools "try to control what students say outside of school," the Post reports. Where they can step in, courts have said, is when what students post off-campus disrupts the learning process at school or causes peers to avoid going to school out of fear. "John Halligan, whose son Ryan took his life in Essex Junction, Vt., after many years of bullying, some online, applauded the national movement to enact cyber-bullying laws. But, he said, laws alone cannot stop the problem," according to the Post. See also "Cyberbullying better defined," "Teaching students to help stop cyberbullying," and "Anti-cyberbullying teachable moment."

CA's cyberbullying legislation

A California law that's "close to passing" would spell suspension or expulsion for students who bully online or on phones, according to an article in the San Francisco Chronicle. "The measure by Assemblyman Ted Lieu, a Democrat from Torrance, passed the Senate Monday on a 21-11 vote. It goes back to the Assembly for consideration of Senate amendments and will be sent to Gov. Arnold Schwarzenegger if passed." The page in the Chronicle links to the full text of the legislation.