Several states have new sexting laws in the works, bills that propose actions that better fit the illegal acts of teenage sexting. The proposed bill in South Carolina would affect minors between the ages of 12 and 17 and would apply to nude and sexually explicit images transmitted via cell phone or computer.
How Prevalent is Teenage Sexting?
Many teens admit to sexting – sending sexually explicit photos via cell phone. Many teens press send without thinking about the act of sexting as a crime. A survey conducted by the National Campaign to Prevent Teen and Unplanned Pregnancy along with Cosmo Girl found that 20% of teens (ages 13-19) have sent or posted nude or semi-nude pictures of videos of themselves.
Current Sexting Law in South Carolina
If a minor is charged with transmitting sexually explicit images in South Carolina on a cell phone or computer, the only law on the books that is violated is a felony charge of disseminating obscene material to a minor. If a teenager is arrested with the current felony charge, basically a pornography type charge, the offense must go on the teenager’s permanent record. The felony charge requires that a teenager must register as a sex offender and possibly serve jail time.
According to the National Conference of State Legislatures, “at least 16 states and Guam introduced or are considering bills or resolutions aimed at sexting” in 2010. Many of the bills focus on educating teens about the dangers of sexting as well as creating lighter penalties, usually misdemeanor charges for minors found guilty of sexting.
The Sexting Bill Proposed for Minors
The sexting bill currently pre-filed in South Carolina would create a civil charge for minors, ages 12-17 who transmit nude, semi-nude or sexually explicit images via electronic means. Teens guilty of sexting would be fined $100.00 and may be ordered to attend an education program about the dangers of sexting. Failure to pay the fine or comply with attending the education program would result in suspension of a teenager’s driver’s license.
Goals of Creating a Teenage Sexting Law
Proponents of the anti-sexting bill offer several reasons for adding a new law to the books, one that addresses obscene material distribution for minors. Senator Hutto, D – Orangeburg told WSPA, News Channel 7 that this law would help educate teenagers about the dangers of sexting as well as support parents in communicating to teens the seriousness of the activity.
In a WYFF, New Channel 4 story, Mike Fair explained that the new law would be a tool that “is not a hammer”. If passed, the new law would be a softer way to warn teenagers, without a felony charge that would remain on a young person’s permanent record. Also, prosecutors would have an easier time following through with a sexting law that seems more age appropriate and would not be in the same category as a pornography charge.
To learn more about what teens say about sending sexually explicit images via cell phone or computer, read "Sex and Tech: Results from a Survey of Teens and Young Adults," a survey conducted by the National Campaign to Prevent Teen and Unplanned Pregnancy along with CosmoGirl. If the state of South Carolina does enact a teenage sexting law, it will be interesting to note how many teens are actually charged with the civil act of sexting.
Kelly Pfeiffer - Kelly Pfeiffer teaches Positive Discipline workshops to parents and trains child care providers on various child development topics.
