© 2024
Virginia's Public Radio
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Lawmakers Weigh Pentalties for Underage Sexting

Stock Photo/Creative Commons

The State Crime Commission is wrestling with how to craft balanced legislation that addresses the growing problem of underage teens who take sexually explicit images of themselves and send them to others.

The members’ concern is heightened by some widely published cases—including a Louisa County “sexting” ring involving 100 teens and 1,000 images of minors posted on Instagram. 

But they’re also concerned that the penalties in existing laws designed for adult child predators may be too steep for teens.

Taking sexually explicit photos of a minor—even of one's self—sending them to others, and possession and redistribution of the images are technically violations of child pornography laws. Commission Legal Affairs Director Stewart Petoe said the criminal penalties are severe.

“Unless a juvenile is actually tried as an adult, they’re not likely to get that. But still, there’s that possibility you could be getting a 20-year sentence and/or be placed on the sex offender registry if you are convicted criminally of engaging in sexting behavior.”

But the goal is not to decriminalize underage teen sexting due its potential harm and the risk of wide distribution of explicit images—including on the Internet. Delegate Rob Bell said one option might be milder penalties for minors.                 

“The issue right now is that it’s already illegal—and illegal in a way that makes it such a serious felony. Twenty percent of the kids are doing it, and we’re using the child pornography laws which are, frankly, intended for awful pedophiles who are making movies and images of child pornography.”

Penalties could include Class 1 misdemeanors, first-offender provisions, or community service for minors who take photos of themselves, for possession, and for consensual images.

The Crime Commission will decide whether to recommend legislation to the General Assembly next month.

Related Content