Should Sexting be a Criminal Act?

This has given rise to the phenomenon known as sexting, where teens submit nude photographs of themselves or others electronically over the Internet via email or instant messages.
Innocent Prank or Criminal Act?
Debate is growing regarding whether the act should be perceived as an innocent prank, or prosecuted as a punishable crime. Two states, Pennsylvania and New Jersey, are examples of how the issue is beginning to be addressed in different ways. In Pennsylvania, three female teens were charged with felony child pornography crimes when they took nude photos of themselves and sent them to friends through text messages. The district attorney threatened to prosecute, but the federal district judge stated that the teens had effectively argued that the photos in question didnt demonstrate sexual activity, and were not posed in a provocative manner, which was not in violation of Pennsylvania Law and was protected under the First Amendment. The judge issued a restraining order, enjoining the district attorney from pursuing the case.
There are currently no laws in Pennsylvania that specifically prohibit sexting. But New Jersey is garnering attention with a proposal. Legislation has been introduced to the State Assembly that would create a diversionary program for teens who are charged with the practice of sexting. If accepted, the accused would avoid criminal prosecution by completing the program, which focuses on educating teens as to the consequences of posting sexually suggestive materials, and how it could haunt them for the rest of their lives.
A Deterrent to a Dangerous Trend?
Sexting is a felony for those over 18 and under Megans Law, information regarding registered sex offenders is made available to the public. But there is no formal penalty for juveniles engaged in sexting with other juveniles, and according to a recent survey, teens tend to send such photos as a joke, to feel sexy or just to be funny and flirtatious. By passing the law in New Jersey, and including the diversionary program, the hope is that sexting could be de-criminalized, and for a portion of the teens engaging in the practice, a lesson would be learned.
Discussion and awareness is gaining momentum, as sexting is a rapidly growing phenomenon that will eventually find reference in online pornography laws.
The fact remains that teens are always searching for new ways to rebel, to be noticed and to test boundaries, and the ease of using sophisticated technology is becoming more and more commonplace. For teens looking for an opportunity for sheer excitement, discovery and experimentation, technology is sexy, and its the new frontier.
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