FRANKFORT — Minors who use their cell phones or computers to send sexually explicit photos of themselves or other minors could face prosecution under a bill approved Wednesday by the House Judiciary Committee.
Teenagers who engage in "sexting" — sending and receiving nude photos via cell phones — could face a $100 fine or community service the first time they're caught. Juveniles who are charged with a second offense would be referred to the juvenile justice courts where offenders are typically sent to treatment, not jail.
Sexting — which many say is growing among Kentucky teens — is not addressed in Kentucky's criminal statutes. That means teens who have sent nude images of themselves or a third party are prosecuted too harshly or not at all, said Jason Reynolds, an attorney with the Department of Juvenile Justice.
House Bill 143 would make sending nude images by minors a misdemeanor.
The measure's sponsor, Rep. Mary Jane King, D-Lewisburg, said many kids don't understand that sending nude or explicit photos is a crime. Some have been charged under child pornography laws, a felony offense. "Today we are either all or nothing," King said.
Some victims don't want to press charges under the current law because they don't want a 12- or 14-year old to face a lifetime of being labeled a sex offender, she said.
The proposed change gives victims a reasonable way to address the crime without permanently damaging a child's future, King said.
"I think a lot of times when they do these things, it's a lark, or someone else is doing it," King said.
King said Wednesday that she was not aware how many times the issue has been addressed in Kentucky courts, but some studies show that the sending of nude or indecent photos of themselves is a growing problem among teens.
A December 2009 study by the Pew Research Center showed that 4 percent of teens ages 12 to 17 had sent nude or nearly nude images to someone else. About 15 percent said they had received such images of someone they know via text messages on their cell phones.
The study also found that older teens are much more likely to send and receive these images. Eight percent of 17-year-olds with cell phones have sent sexually provocative images by text, and 30 percent have received nude or nearly nude images on their phones.
Rep. John Tilley, D-Hopkinsville, said he has spent some time talking to teens about the issue and that many don't understand the potential legal consequences of sending nude images of someone younger than 18.
"I think raising awareness is absolutely essential," said Tilley, chairman of the House Judiciary Committee.
"It is a situation that is out of control," he said. "It is a nightmare to some parents."
The House Judiciary Committee voted 11-0 to approve the measure. It now goes to the House floor for a vote.
House Speaker Greg Stumbo, D-Prestonsburg and a former state attorney general, said he thinks the bill will clear the House.
