« Ind. Decisions - Transfer list for week ending June 10, 2011 | Main | Ind. Courts - Steve Johnson will be retiring from IPAC July 1 »

Monday, June 13, 2011

Law - "States weigh relaxing penalties for teen sexting " [Updated]

That is the heading of a long story by David Klepper of the AP in today's Gary Post-Tribune. Oddly, it does not mention Indiana, perhaps because its dateline is Providence RI. Some quotes:

A congressman who sends an X-rated photo of himself jeopardizes his reputation and his job. But in many states, teens caught doing the same thing can risk felony charges, jail time and being branded sexual offenders.

That’s because a minor who transmits a sexually explicit photo of themselves according to many state laws, is manufacturing and distributing child pornography. Lawmakers across the country, however, now say the problem of teen sexting didn’t exist when they enacted harsh punishments for child porn and are considering changes that would ensure minors don’t face jail time for youthful mistakes.

“Let’s just call this what it is: stupid,” said Rhode Island state Rep. Peter Martin, a Democrat from Newport who is sponsoring a bill to downgrade teen sexting from a felony to a juvenile offense. “These are kids we’re talking about. I don’t think minors should face these severe punishments just for being stupid.”

Legislatures in Rhode Island and 20 other states have considered bills this year to adjust penalties for teen sexting, according to the National Conference of State Legislatures.

But this story from WISH TV, dated June 9th, 2011, is headed "Indiana's sexting law to become more lenient." Some quotes:
INDIANAPOLIS (WISH) - The scandal surrounding New York Congressman Anthony Weiner has brought new attention to the practice of sexting and one Indiana state Senator sees this as a "teaching moment."

What Weiner did, sending lewd photos to another adult, is not against the law. If similar transactions involve a juvenile it can be a felony in Indiana, but the law will soon change. It's becoming more lenient.

"I've always been worried about this issue with kids," said Sen. Jim Merritt (R-Indianapolis), "and now we've got to worry about a congressman."

Merritt helped create Indiana's sexting law, and while it wouldn't apply to Weiner, Merritt said the scandal creates an opportunity for public education.

Merritt was recently motivated by a case out of Ohio. A young woman named Jesse Logan sent a nude photo to a boyfriend, who sent it to the entire school after they broke up. She committed suicide.

The message to Merritt was that sexting ruins lives, and this year he championed changes that will make laws more lenient as a result.

"Why? Because this is a mistake, and in current law if they make that mistake felony charges can be filed," he said. "And if you're convicted of a felony in this area, it's child pornography and you can be placed on a sex offender registry. It will follow you for the rest of your life. I believe there are other ways to correct mistakes that are one-time mistakes."

Congressman Weiner's mistake may well follow him for the rest of his life. But starting July 1 that won't be the case for some young adults in Indiana.

If someone is caught sexting repeatedly, the penalties from the old law would still apply.

The ILB isn't finding a 2011 law ... But I have located SEA 224 from 2010, authored by Sen. Merritt. The digest to that bill, which did become law, reads:
Electronic dissemination of indecent material and sex offender registration. Requires the sentencing study policy committee to study and make recommendations regarding the sending of sexually suggestive or sexually explicit material over the Internet or by use of a cellular telephone or similar device. Provides that a school corporation may offer classes or instruction regarding the risks and consequences of creating and sharing sexually suggestive or sexually explicit materials electronically. Provides filing and notice requirements for a petition to remove a person's designation as a sex offender or to require the person to register under less restrictive conditions.
But that really does not meeting the description of the WISH story. I've also looked at the list of bills the Senator authored in 2011 and also do not see a bill meeting the description. Let me know if you can help.

[Updated at 11:58 am] Thanks to Prof. Schumm, who writes it is 2011's HEA 1083. Here is the digest:
Various criminal law matters. Provides defenses to the crimes of disseminating matter that is harmful to minors, child exploitation, and possession of child pornography if a cellular telephone was used and the defendant and recipient of the matter are certain ages and meet other requirements. Provides that a school corporation may offer classes, instruction, or programs regarding the risks and consequences of creating and sharing sexually suggestive or explicit materials. Provides that discipline rules adopted by a school corporation must prohibit bullying through the use of computers, computer systems, or computer networks of a school corporation. Provides a defense to child exploitation and possession of child pornography if the acts constituting the offense were performed by a school employee in the course of the person's employment. Requires the criminal code evaluation commission to study certain sex crimes against children during the 2011 interim.
Although he is not listed on the bill, Sen. Merritt made a successful floor amendment on 4/20/2011 that added language that became part of the final bill.

Posted by Marcia Oddi on June 13, 2011 10:48 AM
Posted to General Law Related