Education, Not Prosecution, is Right Approach

The Daily Journal
Editorial
July 22, 2009

Common sense in Trenton?

It may be rarely demonstrated in the halls of the state Legislature, but a measure introduced by Assemblywoman Pamela Lampitt aimed at curtailing "sexting" shows the virtue isn't extinct.

Sexting is when teens send explicit photos of themselves (nude or scantily clothed) through their cell phones or engage in racy online behavior, which is apparently a popular activity among younger people. Some law enforcement officials say, technically, those actions amount to distributing child pornography; but the lawmaker's bill would ensure that teens are educated about the dangers of their actions, not prosecuted as criminals.

The legislation is the right approach to take in dealing with a growing problem. According to a survey by the National Campaign to Prevent Teen and Unplanned Pregnancy, about one in five teens have sent a nude or seminude photo of themselves via cell phones or posted one on the Internet.

Kids sometimes do stupid and dangerous things. That's all part of growing up. But the proper way to handle that is to treat them as stupid kids, not charge them with criminal offenses that could last a lifetime.

The proposed legislation comes months after a 14-year-old North Jersey girl allegedly posted nude and explicit photos of herself on MySpace so her boyfriend could see them. A prosecutor initially charged her with child pornography and distribution of child porn, but eventually the teen received probation and was ordered to undergo counseling. If the prosecutor had pressed forward with the charges, the teen would have been forced to register as a sexual offender for life, which would have been totally ridiculous. If the assemblywoman's measure becomes law, teens and their parents would receive the education they need on how sexting can destroy relationships, school life and even future employment opportunities. Plus, the bill would ensure justice is uniform across the state, so that overzealous prosecutors don't try to use these cases for their own political benefit.

Besides, we're sure police and other law enforcement agencies have enough to do finding and prosecuting real pedophiles and sexual predators who are trying to exploit teens and children on the Internet, instead of these teens who themselves are victims.

Parents have to teach their children about the do's and don'ts of the Internet and monitor their teens when they are online to help keep them safe. Emphasizing education when it comes to sexting, not prosecution, would help reinforce that message.