ACLU of OH Says Sexting Should NOT Be a Crime

Before we get to this ridiculous quote from the ACLU of Ohio, we need to define what sexting is... Sexting is the word used to describe the act of kids sending other kids nude or semi-nude photos of themselves over cell phones. It has become something of a menace in our schools as of late and a Republican State Representative has proposed a bill clarifying the laws that these cases are currently being tried under.

In reply to our email, Warren County Prosecutor Rachel Hutzel said, "I want to emphasize how serious sexting is. What the ACLU, and some of these students, do not seem to understand is that sending nude pictures of yourself as a teenager is something that can carry with you for the rest of your life. Our goal is to put an end to this now before many young people's lives are affected."

The legal director for the ACLU of Ohio doesn't seem to think that this is such a big deal. He is quoted in the Daily Record as saying:

"Children do foolish things, and the remedy for foolish things is not criminal action," [Jeffrey] Gamso said. "The remedy for what is going on, sexting, is not criminal prosecution. It is not delinquency prosecution. The remedy for this is education."

Hutzel doesn't entirely disagree. "I do agree with the ACLU that this is, in part, about education, and we are working with the schools to educate students about the dangers of sexting. However, in some cases that is not enough. Criminal prosecution will be used where education doesn't stop the problem." Hutzel said.

The bill that we are discussing was put forth by Warren County state representative Ron Maag. Maag has been quoted in the Cincinnati Enquirer saying that the idea for the bill was brought to attention because under current law these kids were facing felonies if convicted.

“Local prosecutors have brought to my attention that under current Ohio law these teens could be charged with a felony and classified as sex offenders. There is concern that this may not be appropriate for these minors.”

Even Maag thinks that education is a part of the solution. From the same article:

“I think what these teens need is education about how this type of behavior could affect their lives,” Maag said in the statement. “This legislation does not affect the state’s ability to try actual sex offenders. What it does is clarify the law regarding incidences such as these.”

But is education alone enough to address the seriousness of sexting? You can put this blogger down on the side of "NO." Even Attorney General Richard Cordray understands the need to clarify these laws for this situation. Cordray is quoted in the Daily Record piece:

"Our laws right now are pitched against the adult sex offender," he said. "For young people who are sexting, maybe innocently, maybe not always innocently, the notion that they will be tried and convicted as adult sexual predators doesn't really seem to fit the bill.

An awful lot of smart people seem to think that education alone is not the answer. "I don't mind being on the other side of the ACLU," Hutzel said, "I have in the past and probably will be again in the future."

ADDITIONAL COMMENTARY:

Delaware County Prosecutor Dave Yost: "All criminal acts involve foolish decisions. The question is whether the act harms society -- and an electronic image is easily copied, easily disseminated and easily obtained by pedophiles."