The New Haven Register posted a good article on Sexting that approaches the criminal legal aspects of sexting cases rationally.In the article, Shelton police Detective Ben Trabka indicates that his department is not inclined to make arrests in cases of teens sexting teens, when it is clearly a case of teens acting “naive or stupid”.
But other officers, police departments, and prosecutors are still free to take a more aggressive law enforcement position.
And in most states, sending sexually explicit pictures of underage teens is a felony charge, regardless of who is doing it. Even if it is the teen him or herself. In Connecticut, sexting related criminal charges could include offense like child pornography, breach of peace, risk of injury to a minor, and harassment.
Rational lawmakers need to write new laws that address the differences between foolish, but normal teen behavior, and dangerous criminal activity. A teen should not be subject to felony prosecution and being branded a registered sex offender for receiving pictures from his girlfriend.
Some states are trying to adapt laws so that teen sexting cases can be addressed through the juvenile courts, with more opportunities to get the situation dealt with via education and avoid permanent criminal records.
But we shouldn’t have to rely on the careful judgment of police officers not to make criminal charges.
About David Matson