"Sexting" Law Makes Sense for New Jersey

Sexting is the practice, popular among teens, of sending risqué, or even pornographic images over cell phones. The pictures can be of themselves or another.

In what might be thought of as a prank or an impulse, this activity was harshly punished by law, until late last year when the criminal code was changed. The hole that needed to be patched dealt with child pornography. Since those sexting are underage, any pictures they take of peers or themselves, is legally child porn. This leads to a situation that actually happened. An underaged girl (16) send a partially nude picture of herself to her boyfriend. Not only was she then guilty of a crime (under the old law), but, since the picture was then shared with peers, everyone who had it was guilty as well.

What was needed, and what Assembly Bill 1561 provides, is some measure short of incarceration for teens who participate in this admittedly stupid activity. Now signed by the Governor, the amendment to the criminal code calls for a type of probation for underaged offenders. They will have to go counseling and may have other penalties attached, but they won’t get a record as a sex offender.

The amended law doesn’t change how adults are prosecuted or the requirement to register as a sex offender. It does call for more education of young people on what can happen when they “put it out there.” The Internet is far from a secure place and one click can send an image to dozens of people. Once a picture gets out on the net, there’s no way to undo the damage.

Perhaps it’s an artifact of the modern world and modern communications. Sending pictures for the younger generation is as natural as dialing a phone for the previous. A text message with an image attached is almost too easy, at least when it comes to revealing pictures.

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