This legislation would prohibit a minor from soliciting or possessing a nude or semi-nude depiction of another minor, a practice commonly known as "sexting." While we fully support the goal of this bill, which is to protect minors who engage in sexting from being prosecuted under child pornography laws, we disagree with the method being used in this legislation to address the problem, as we believe it would greatly expand both police and court power over juveniles in a continued and increasing effort to criminalize adolescence.
By greatly expanding the definition of sexting to cover the mere possession of sexts sent from another minor or the voluntary solicitation of a sext from another minor, this bill will subject literally thousands more young people to potential family court involvement for this activity. Even though the law treats sexting as a status offense, a status offense is still an offense, and carries with it potentially significant ramifications that cannot be lightly brushed aside as inconsequential. Ultimately, we believe this is a matter for parents to address with their children.
