RELEASE: Maag and Schuler Introduce Legislation to Address "Sexting" Issues

Release:

LEBANON – State Representative Ronald Maag (R-Salem Township) and State Senator Bob Schuler (R-Sycamore Township) today joined Warren County Prosecutor Rachel Hutzel to highlight their recently introduced companion bills that would ensure Ohio law has appropriate penalties in place to address “sexting.” Sexting refers to sending nude photographs and videos through cell phones and other mobile devices.

The legislation would make the creation, exchange and possession of nude materials between minors by a telecommunications device a misdemeanor of the first degree. Additionally, any minors that show themselves in a state of nudity through text message may be charged with the same penalty.

Current law has no specific prohibition for sexting, but has stringent laws against child pornography. As a result, a minor who sends or receives a nude photo of themselves or another minor could potentially be charged with a felony.

“I think what these teens need is education about how this type of behavior could affect their lives,” Maag said. “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.”

A recent study showed that one in five minors across the country has either sent or received sexually explicit pictures and videos. The legislation would apply only to teens under the age of 18, separate from similar adult offenses which carry felonious charges.

"'This legislation brings needed balance to Ohio law to hold teenagers accountable for their actions, without having to charge them as sexual offenders," Schuler said. "I hope this effort will also raise awareness amongst parents for how serious and common 'sexting' has become and make our young people think twice about what they are sending to one another."

This legislation is in response to increased incidents of “sexting” in Ohio. The first case prosecuted occurred in Mason when nude photos of a 15-year-old girl were found on a freshman boy’s cell phone. Both teens were charged with a misdemeanor for contributing to the delinquency of a minor, but the judge has complete discretion over what sentences they may receive.

“This legislation will provide prosecutors with an important tool to protect our children,” Warren County Prosecutor Rachel Hutzel said. “Representative Maag and Senator Schuler are helping move Ohio’s laws into the 21st century. The reality is that we have many 20th century laws for 21st century actions. This is an important step to correcting this problem.”

In addition, the recent death of Jessica Logan has prompted national awareness among teens and families. Logan was an 18-year-old girl from a Cincinnati-area high school who committed suicide after a nude picture of herself sent via text message to her boyfriend was later spread throughout the school. Jessica’s mother, Cynthia Logan, has taken Jessica’s story on a national campaign to alert teens of the dangers and implications of “sexting.”

Press conference participants included: Representative Ron Maag, Senator Bob Schuler, Warren County Prosecutor Rachel Hutzel, Attorney Parry Aftab, Superintendent of Mason City Schools Kevin Bright and parents of Sycamore High victim Burt and Cynthia Logan.