Thankfully some states are lowering the offense level of "sexting" from a felony to a misdemeanor ³. This will certainly help since many prosecutors won't pursue misdemeanors - it doesn't help advance their petty careers.

Imagine decades ago if authorities prosecuted any child who wrote, "Mary Blows" on a bathroom wall with a felony sex offense charge; hell, half of my 5th grade class would be on sex offender rolls today. And Mary, if you are reading this, it's your fault, you had that great set of boobs, even in the fifth grade.

Certainly if adults encourage youths to engage in this practice they should be prosecuted, but by adults I mean anyone over teenhood, like 20 or older.

As much as teens need to be taught that sexting is inappropriate behavior, it is not a matter for the police if it is between teens. Let kids have their youth without putting them in jail or registering them as sex offenders for life.

Notes

(1):

USA Today, 11 Mar 2009, Teens caught 'sexting' face porn charges

A growing number of teens are ending up in serious trouble for sending racy photos with their cellphones.

Police have investigated more than two dozen teens in at least six states this year for sending nude images of themselves in cellphone text messages, which can bring a charge of distributing child pornography. Authorities typically are notified by parents or schools about so-called "sexting."

...

In Cuyahoga County, Ohio, Juvenile Court Judge Thomas O'Malley struggled to figure out what to do with eight teens, 14 to 17, caught trading nude cellphone pictures of themselves. He says the father of one of the girls found the images.

If the 17-year-old who sent the nude photos to an ex-boyfriend were convicted of a child-porn charge, he says, she would be a registered sex offender for 20 years.

"These kids have no record, not even a parking ticket," says O'Malley, a father of four teens.

He required each to do community service and to ask peers if they knew sexting was a crime. They told O'Malley they surveyed 225 teens; 31 knew.

(2):

NBC News, 6 Dec 2008, "Sexting" Could Rack Up Felony Charges for Teens

It's a felony for children younger than 18 to receive naked pictures on their cell phone. Taking them can result in child pornography production and distribution charges.

"It's phenomenally stupid to take a nude picture and send it to another person," Dallas attorney Clint David said. "The fact of the matter is, by the letter of the law, if the authorities chose to do so, they can find plenty of criminal offenses."

(3):

WPTZ News, 11 Feb 2009, Vermont Lawmakers Tackle Teen 'Sexting' Problem

Vermont's Senate Judiciary Committee is looking into changing state law to account for "sexting," a trend where young people send nude or semi-nude self portraits to each other oftentimes via cell phone text messages.

"We want to make sure that these kids, while their behavior is not appropriate, aren't held criminally liable," Senate Judiciary Chairman Dick Sears said.