States reconsidering 'sexting' penalties

States across the country are revising their child pornography laws to adjust the punishments for what has become known as “sexting” — distributing sexual images via cell phone.

Many states have relaxed the charge, previously considered a felony, for minors because minors are making up an increasing percentage of the people charged with sexting. In many states, it is now considered a misdemeanor for minors.

Nebraska, Utah and Vermont have already reduced the penalties for minors who “sext,” making it less of an offense.

Others are considering making it a misdemeanor, and some have gone as far as classifying it as a juvenile offense.

But in North Carolina, although legislators have started to address related issues, they have yet to make adjustments to standing laws to address sexting.

In summer 2009, N.C. Sen. Jerry Tillman, R-Randolph, sponsored — and helped pass — a bill that made the solicitation of a child via computer or other electronic devices a felony.

“My bill made it illegal to take pornographic photographs of a child with an iPhone and other electronic devices,” Tillman said.

But more research into sexting is needed before adjustments can be considered, Tillman said.

Tillman said he agreed with the actions taken by many states to relax the punishment for sexting because often they don’t realize the severity of what they are doing, at least the first time.

“For the younger population, you do not want to hit them with a first offense. We’re a little open to about how stiff the punishment could be on the first offense,” he said.

Relaxing the law isn’t the way to go, said Bill Brooks, executive director for the N.C. Family Policy Council, a nonpartisan group that tries to preserve traditional family values.

What the state really needs to do is teach children, in the schools, that sexting is not appropriate or legal, Brooks said.

“No parent wants to see their children caught in a web of criminal activity, but principals, teachers and parents need to educate their children in order to teach them that taking pictures is not acceptable or legal behavior,” he said.

But Sarah Preston, policy director for the American Civil Liberties Union of North Carolina, said that punishing minors for sexting would not solve the problem.

“Punishing the person is a step backwards, not good public policy,” she said.

Contact the State & National Editor at stntdesk@unc.edu.