LAMPITT INTRODUCES THREE-BILL PACKAGE TO COMBAT TEEN CELL PHONE 'SEXTING'

LAMPITT INTRODUCES THREE-BILL PACKAGE
TO COMBAT TEEN CELL PHONE 'SEXTING'
Would Create Alternative to Prosecution for Kids Sending Sexually Explicit Photos,
Implement Educational Campaign Through Schools, Cell Phone Retailers

(TRENTON) - Juveniles caught sending sexually explicit photographs via their cell phones  would not face criminal prosecution and schools and phone retailers would be required to establish programs to educate young people under a three-bill legislation package recently introduced by Assemblywoman Pamela R. Lampitt.

The measures aim to curtail a practice known popularly as "sexting," a problem that has increasing perplexed parents, school administrators and law enforcement officials because of ambiguities in child pornography laws.  Prosecutors in several states have even charged teenagers with criminal offenses, including distribution of child pornography.

"Kids may be kids, but they can forced to grow up in a hurry when an explicit photograph meant only for one person gets forwarded and reforwarded throughout their school," said Lampitt (D-Camden). "Young people - especially teen girls - need to understand that sending inappropriate pictures is not only potentially illegal, but can leave an indelible mark on them socially and educationally."

According to a 2008 survey by the National Campaign to Prevent Teen and Unplanned Pregnancy, roughly one-in-five teens - including 11 percent of girls aged 13 to 16 - have sent a nude or semi-nude picture or video of themselves to friends or posted one on a Web site.

The lead measure (A-4069) would create an educational program as an alternative to prosecution for juveniles who otherwise could be charged with a criminal offense for posting or sending sexually suggestive or sexually explicit photographs.  Participants would learn about the potential state and federal legal consequences and penalties for sexting as well as its personal costs - including the effect on relationships, its impact school life and the loss future employment opportunities. County prosecutors would determine who could be admitted into the program and juveniles who successfully complete it would avoid trial.

"Young people need to understand the ramifications of their actions, but they shouldn't necessarily be treated as criminals," said Lampitt. "We need to create a path that places education and forgiveness before arrest and prosecution."

The bill has been referred to the Assembly Judiciary Committee.

A second measure (A-4068) would require school districts to annually distribute information to students in grades 6 through 12 and their parents or guardians on the dangers of sexting, including its legal, psychological and sociological implications. The bill is cosponsored by Assemblywoman Annette Quijano (D-Union) and has been referred to the Assembly Education Committee.

The final aspect of the package (A-4070) would require cell phone retailers to include information about sexting to all consumers purchasing new equipment or initiating or renewing a service contract. The brochures would be prepared by the state Division of Consumer Affairs. The measure is cosponsored by Assemblywoman Celeste Riley (D-Cumberland/Gloucester/Salem). It has been referred to the Assembly Consumer Affairs Committee for consideration.

"Educating young people and getting them to change their behavior must be our focus," said Lampitt. "Those conversations need to happen between a parent and child and among peers. These measures can spark those conversations or, in the worst case, ensure that kids who do make a mistake don't pay for it in court."

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