Cell Phones : New Jersey Bill Would Let Sexting Teens Avoid Child Pornography Charges

It seems that when little Johns and Janes hit that certain age when their bodies begin to undergo some changes, their thumbs start compulsively pressing the shutter buttons of their cell phone cameras, capturing themselves in various states of undress. These puberty-addled souls then feel compelled to send these photos to various friends and love interests, throwing parents and lawmakers into a tizzy over the villainous scourge of teen sexting. New Jersey state legislators, however, are preparing to vote on a bill that would allow judges to send teens caught up in sexting cases to a diversionary program. In order to be eligible for this lesser sentence, a teen would need to have no previous record, and prove to the judge that he or she was unaware of the potential consequences.

Many teens caught up in sexting scandals are charged under existing child pornography laws. But charging a 15-year old with creating and distributing child pornography because she took a topless photo of herself raises some problematic questions about whether or not a child can indeed be guilty of manufacturing child pornography. (And whether or not turning our youth into a generation of registered sex offenders is really such a great idea.) The bill was introduced after a 14-year-old girl was arrested for posting nude photos of herself on MySpace. Although the girl was charged under the state's child pornography laws, she was eventually sentenced to probation and counseling. The law, which enjoys surprisingly bipartisan support, would also require that the attorney general's office create an anti-sexting program.