Law and consequences

Monday, April 11, 2011 | 2:01 a.m.

Over the past several years, there has been a rash of tragic news about teens being bullied over the Internet and via their cellphones. Teens have found themselves blackmailed or ridiculed.

The results can be particularly damaging in the case of “sexting,” when teens send nude or explicit photos of themselves via cellphones or the Internet. One teenage girl committed suicide after a spurned ex-boyfriend forwarded nude photos she had sent him and they were spread throughout her hometown.

Sexting is well-known among teenagers. One poll suggested as many as 1 in 5 teens had sent or posted a nude or semi-nude photo. The Pew Research Center said only 4 percent of all teens admitted to sending sexually explicit photos, but 17 percent of teens who pay for their own phones said they have been involved in sexting. Overall, the Pew poll reported, 15 percent of teens said they had received a “sext.”

State legislatures across the country have tried to address the issue by extending current laws to cyberspace, but the laws don’t necessarily fit. They haven’t kept up with the change in technology and teens’ use of it.

Because the laws often make no distinction, a minor who takes a picture of herself, for instance, and sends it to her boyfriend can face serious charges. For example, last year:

• A 15-year-old Pennsylvania girl was charged with distributing child pornography for sending nude photos of herself over the Internet.

• A 12-year-old boy and 13-year-old girl in Indiana were arrested on child pornography and exploitation charges for sending nude photos to each other.

• A teenage girl in Virginia was arrested on child pornography charges after she took a nude photo of herself with a boy’s phone.

The consequences of such charges are significant — a teen could be labeled a sex offender. That’s what happened to one teenager in Florida who tried to exact revenge on his ex-girlfriend after she taunted him. He forwarded nude photos she had previously sent him to a group of people. He was charged and went to court, which is reasonable considering he was bullying. But he was charged with a sex offense, and as part of his punishment, he will have to register as a sex offender for the next 25 years.

These cases don’t make sense, and several states, including Nevada where a minor could be labeled a sex offender for sexting, are working to change their statutes.

In Carson City, lawmakers last week held a hearing on Senate Bill 277, which would address sexting. The bill would make sexting among minors illegal, but it would be treated as a juvenile offense. Those found guilty would not be labeled as a sex offender or have to register.

Mary Brown, a Clark County chief deputy district attorney, told KLAS Channel 8 that the bill is designed for the cases in which “boyfriends and girlfriends are sending consensual pictures of each other.”

That’s fair. The law should recognize the difference between child pornographers and teens making dumb decisions.

The bill also would require schools to do more education about sexting, categorizing it with cyberbullying. And that’s a key. Sexting isn’t a wise thing to do, considering that the images can be forwarded and can exist electronically for years to come. But kids make mistakes. When they do, they shouldn’t have to pay adult consequences that can follow them for the rest of their lives.