INDIANAPOLIS—
Does the punishment fit the crime?State lawmakers are considering changes to the way students who send explicit text messages are punished.
"Most juveniles don't understand the dangers of sexting, " says Mario Massillamany of the Marion County Prosecutor's Office.
"There's a reason why people are not able to do nude modeling or adult videos under the age of 18. " says Micah Clark of the American Family Association.
It's an issue that's new and brings lots of questions. Should phones be banned in the classroom? Is the punishment too harsh?
Those are the questions up for debate, as the Indiana House and Senate look at changing the law concerning the dissemination of sexually explicit images through cell phones.
- A recent study from the Pew Research Center just found that 75% of kids between the ages of 12 and 17 have cell phones.
- 30% of the 17 year-olds said they've received sexually explicit texts or cell phone messages.
Right now, prosecutors say they have only two options when a crime is committed: (1) do nothing, or (2) charge a child with a felony that would require the minor to register as a sex offender for 10 years, and would carry the conviction with them for the rest of their lives.
It's a punishment some say is too harsh.
"We were hoping for a third option," says Massillamany.
A third option is up for debate at the Statehouse and is supported by the Marion County Prosecutors office. A new proposal would allow prosecutors to try a sexting teen on a juvenile offense.
"So the judge and the courts will have the opportunity to allow them to go into educational programs in which they're taught about the harms of sexting, " added Massillamany.
Minors caught sexting would face a punishment similar to a truancy or curfew violation.
The American Family Association also supports the bill, as long as there are still measures in place for punishment where it's still warranted.
"We don't want to open the door to where a deviant 16 or 17 year-old might be producing and disseminating child pornography, said Clark.
If the change makes it through the statehouse, the emphasis would then go toward educating and promoting public awareness of the dangers of sexting.
Committees in both chambers are studying the issue. The senate version passed out of the chamber unanimously Tuesday.
A separate study in the house calls for banning cell phones on school property.
