RIP: Judge Rachel Hutzel

Rachel was one of the really, truly good people in politics and she will be missed. As I said on Facebook, I didn't even know she was ill.

Mark and I had a chance to share lunch with her a few years ago and she was one of the most open and honest people I have come to know in this business.

Cincinnati Enquirer has more here.

Mark's Remarks

Judge Hutzel was an amazing woman. She had a tremendously sharp legal mind, a biting wit, and a devotion to justice and her family. I still remember her bringing her mother to Lincoln Day Dinners in Brown County and introducing her around.

I always enjoyed our chats over the time I got to know her and run into her. She was quick with answers and logic, but also was able to make some biting witticisms. She was spunky and dedicated.

I wonder if that disgusting and overrated sleezejay for 700 WLW Scott Sloan did a happy dance when he heard the news. He always seemed to have a vendetta and get off making fun of this dedicated, faithful, and hardworking public servant, painting her as some type of fascist. I asked Rachel about this, and she never held a grudge. "He doesn't know me, or understand all the facts of the case. It's his job to just comment, whether or not he knows the facts." Then she would smile. Warren County, Ohio and the 12 district court of appeals have lost someone special. Condolences and deepest sympathy to her family and friends.

GUEST COLUMN: "Keeping the Grinch Out of Christmas"

By Rachel Hutzel

As the holidays approach, busy shoppers head to the mall looking for good deals. Meanwhile, thieves are looking for the opportunity to steal your wallet or purse. The most obvious example is the pickpocket who smoothly slips your wallet from your back pocket while you’re busy picking out a gift, and then blends back into the crowd.

Less slick, but very common, is the thief who cruises the parking lot waiting for you to leave your purse in your shopping cart while you load your Christmas gifts into your car. Many of them don’t even leave their cars – they pull up beside your shopping cart, grab your purse, and make a swift getaway. Secure your purse in your car before you unload your purchases. Lock your purchases in your car trunk while you’re in the mall, too. Always exercise caution in entering a dark parking lot or parking garage.

Many busy shoppers opt for making their purchases on-line instead of dealing with a crowded mall. But thieves are on-line, too. Make sure that you use a secure website before you hand over your credit information, and use a credit card with a good fraud policy. Secure websites will clearly advertise their security measures on their web page. Be sure you check out those measures fully.

It’s always a good idea to save receipts in case you have to return purchases after the holidays. Those receipts also help you check your credit card bill for accuracy when it arrives in the financial aftermath of the holidays. Identity thieves are quite adept at getting their hands on your credit information, and using it before you get wise to them. Check your credit card bill carefully this January. After you get over the shock of the bottom line, make sure those are all your purchases. And report any discrepancies to your credit card company and law enforcement immediately.

There are also scam artists out there who intend to take advantage of your generosity over the holidays. Don’t stop being generous, but make sure you become familiar with a charity before you sign that check. Never write a check to a person collecting for a charity – write the check to the charity itself. Some scam artists will claim to represent a legitimate charity but will divert your contribution to themselves if you make the check out to them. Never give the person soliciting for charity personal information such as your credit card number until you have checked them out. Don’t be afraid to ask for their credentials.

With a little caution, this holiday season can be a happy celebration for you and your family. Happy Holidays from your Warren County Prosecutor.

Butler County GOP Endorsement Recap

The final night of endorsements featured Yost vs. DeWine for Attorney General...

12th District Court of Appeals (First Seat:

Votes Cast - 181
Votes Needed - 109

PIPER - 162 89%
No Endorsement - 19

12th District Court of Appeals (Second Seat):

Votes Cast - 180
Votes Needed - 108

HUTZEL - 169 94%
No Endorsement - 11

Attorney General of Ohio:

Votes Cast - 174
Votes Needed - 105

YOST - 119
DeWine - 50
No Endorsement - 5

Juvenile Court:

Votes Cast - 148
Votes Needed - 89

KING - 126 85%
No Endorsement - 22

Area III Court:

Votes Cast - 85
Votes Needed - 51

HAUGHEY - 85 100%
No Endorsement - 0

53rd District of Ohio House:

Votes Cast - 64
Votes Needed - 39

DERICKSON - 62 98%
No Endorsement - 2

54th District of Ohio House:

Votes Cast - 45
Votes Needed - 27

COMBS - 38 88%
No Endorsement - 7

55th District of Ohio House:

Votes Cast - 49
Votes Needed - 30

COLEY - 40 81%
No Endorsement - 9

Hutzel Announces Candidacy for 12th District Court of Appeals

Release:

MIDDLETOWN-Warren County Prosecutor Rachel Hutzel today formally announced her decision to run for the 12th District Court of Appeals. Hutzel will run for the position soon to be vacated by Judge William Young.

"I am proud my time in the Prosecutor's Office and the work we have done to make Warren County a better, safer place to live," Hutzel said. "If elected to the Court of Appeals, I will bring the toughness, knowledge, and experience that my time in the Prosecutor's Office has provided."

Hutzel was elected Warren County Prosecutor in 2002. In that office, she has overseen prosecutions of major crimes such as murder, rape, and theft. Her office provides legal representation to all levels of Warren County government, including 25 County Agencies.

"Government's first obligation is to protect its citizens, but a judge who has never set foot in a courtroom before putting on the robe can't do justice," said Hutzel. "My 16 years of experience as a prosecutor gives me the background and sensitivity to do justice on the court. Over the next several months, I'll travel throughout Southwest Ohio, and I'll take my case directly to the voters."
Rachel Hutzel is a life-long resident of Warren County. She graduated Magna Cum Laude from the University of Dayton College of Law. She has been a practicing attorney since 1991, serving in the Warren County Prosecutor's office since 1993. She and her husband, Matt Blazey, have a son, Matthew.

The 12th District Court of Appeals is based in Middletown and serves Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble, and Warren Counties.

GUEST COLUMN: "A Police Officer Is Killed"

By Rachel Hutzel

At 2:00 in the afternoon on January 21, 1987, a young Morrow police officer named Jeff Phegley pulled over a speeding car just outside of the Village. Officer Phegley smelled alcohol and asked the driver to perform a field sobriety test. The driver, Anthony McIntosh, a 20-year-old Highland County man with a criminal record, saw Phegley writing a ticket and fired a single shot into the young officer’s chest. McIntosh then fled the scene, leaving Officer Phegley to die by the side of the country road. Days before, McIntosh brandished the same sawed-off 20-gauge shotgun and bragged that, “the next time a cop stops me; I’ll make it worth his while.” Unfortunately, that officer was Jeff Phegley. McIntosh was subsequently convicted of murder. At sentencing he showed no remorse.

McIntosh is being considered for parole in January 2010. I’m opposed to it. A police officer on the street represents the authority of government to enforce its laws. When an officer is attacked, it is a sign of disrespect and repudiation of the laws and authority of government. Law enforcement protects the safety of citizens and ensures our way of life. Attacks on law enforcement are a direct assault on the safety and security of ordinary people like you and me.

On average, 140 officers are killed every year in the US in the line of duty. 50% of those are the result of firearms. In 2009, the number of officers killed on duty is up nearly 20% from 2008. Our police officers are our first line of defense against criminals. As a society, we need to do what we can to protect those who protect us. Those who attack police officers must be punished to the full extent of the law.

You can help keep Officer Jeff Phegley’s killer in prison by signing a petition at the front desk of the Warren County Sheriff’s Office or by sending a letter to the Ohio Parole Authority at 770 West Broad Street Columbus, OH 43222. A letter to the Parole Authority is available for downloading at www.proseuctorhutzel.com.

GUEST COLUMN: "Social Networking Awareness Important"

By Warren County Prosecutor Rachel Hutzel

The advancements in social networking over the last few years have been incredible. People are now in contact with people that they haven’t talked to in decades thanks to sites like Facebook. Organizations are able to work quicker and more efficiently with the use of these advancing new websites. As we have seen with most technology there are significant advantages, but we must be aware of the drawbacks that come along with them. In the case of social networking the drawback is that what you put on your social network is not much different than what you wear to work - it is out in the open for everyone to see.

A recent Cincinnati Enquirer article cites a CareerBuilder survey that revealed that forty-five percent of employers reported that they use social networking sites to research job candidates. This is a 100% jump from last year and I expect that number will continue to climb with a competitive job market and more technologically advanced employers.

I have been advising teenagers for years to use caution when putting personal information on their MySpace and Facebook accounts, because it is open for everyone to see. This is important in protecting kids from the predators on the Internet, but this is good advice for everyone. If you wouldn’t want a potential employer, college or significant other to see a picture, it isn’t wise to post it on a social networking website, no matter how “private” you think your site is.

GUEST COLUMN: "August is Child Support Awareness Month" by Rachel Hutzel

By Warren County Prosecutor Rachel Hutzel

In recognition of Child Support Awareness Month, the Warren County Child Support Enforcement Agency(CSEA) will be doing a number of the things. The Agency will hold a coloring contest for children who visit The Agency in the month of August. Prizes will be given out at the end of the month to the winners in each age group. Additionally, the CSEA will recognize CSEA employees for their hard work and dedication.

CSEA Attorneys will present continuing education training for the Warren County Bar Association members. The training is free and will focus on child support order practice tips.

The CSEA is also pleased to announce further upgrades to their website. The CSEA is constantly striving to offer convenience and outstanding customer service to the citizens of Warren County. The newest upgrade to the Agency’s website will include an email notification option where customers can provide their email address and receive notifications regarding upcoming CSEA events or announcements regarding important changes to the Child Support Program. The website will also offer an option for customers to update the Agency online with address changes and new employer information.

During the month of August, those individuals with outstanding civil child support warrants from Warren County can call the C.S.E.A. and request a hearing on their case.

Warren County Prosecutor Rachel A. Hutzel, who manages the Warren County Child Support Enforcement Agency said, “financial support is key to maintaining stable families. Our CSEA does a great job of securing court ordered financial support for Warren County families.”

Elizabeth A. Secrest, Director of the Warren County CSEA said, “the success of the Warren County CSEA is a result of the collaboration of several agencies including the Sheriff, the Clerk of Courts, Adult Probation, Community Corrections, Workforce One and the Prosecuting Attorney.” The CSEA works closely with the Juvenile, Domestic Relations, and General Divisions of the Common Pleas Courts to ensure that court cases are presented in a timely and efficient manner.
Additionally, the CSEA partners with several other agencies in an attempt to provide service referrals that can assist our child support payors and recipients.

For further information please contact the CSEA at (513) 695-1580 or visit the CSEA at http://www.co.warren.oh.us/wcchildsupport.

GUEST COLUMN: "Examining America’s Drug Policy" by Rachel Hutzel

By Warren County Prosecutor Rachel Hutzel

President Barack Obama has recently appointed Gil Kerlikowske as Director of the White House Office of National Drug Control Policy. While Kerlikowske has some good ideas (USA Today, May 21, 2009), there are a few that I take issue with.
The new Director has identified the misuse of pharmaceuticals like oxycontin as one of his top priorities. National and local statistics indicate that the fastest growing drug problem in the country is prescription drug abuse. Focusing resources on prescription monitoring methods is appropriate.

Director Kerlikowske has also pointed out a discrepancy between crack and powder cocaine sentences. This disparity was a result of an all-out war on crack, and crack-fueled crimes in inner cities in the 1980’s. Drug usage patterns have evolved in the ensuing years, and this disparity in sentences is no longer justified and should be corrected.

Next, Director Kerlikowske advocates the diversion of funds from law enforcement and prisons to treatment and needle exchange programs for drug users. Kerlikowske argues that anti-drug efforts in this country should be led by public health officials and not law enforcement officials. Here, I disagree with the Director.
In my office, approximately one in five felonies is a drug possession or drug trafficking charge. Nevertheless, an estimated 85-90% of the felonies committed in Warren County are drug or alcohol-related. Many thefts are committed to get drug money. The majority of traffic-related deaths are drug or alcohol-related. And personal crimes such as child endangering and domestic violence are usually fueled by drugs or alcohol.

Many of those charged with possession receive treatment at the expense of the county. Last year, many drug felonies in Warren County received court-ordered and taxpayer-funded treatment, referred to in the Ohio Revised Code as “treatment in lieu of conviction.” Many of those charged with drug possession successfully complete needed treatment, and never re-offend. Others do re-offend.
Treatment, without punishment, is unfair to victims of drug-motivated crimes, such as that committed by Roxie Luff in a Warren County nursing home recently. Ms. Luff stole pain medication from elderly patients who suffered needlessly as a result of her drug addiction.

Further, treatment is ineffective to deal with dealers such as Nicholas Lozier, convicted of dealing cocaine and ecstasy in Warren County. Many drug dealers like Lozier are “businessmen,” who profit enormously from the addiction of others. Lozier is a criminal who was, and should be, punished by the criminal justice system.
Stanley Hall caused permanent brain damage to two-year old Marilyn while using drugs. It is not fair to Marilyn to simply treat her tormentor rather than to punish him.

Director Kerlikowske’s public health efforts to combat drugs will undoubtedly be effective with many drug users, but should not become an across-the-board approach to all drug crimes in the U.S. Many drug crimes should continue to be dealt with harshly. The people who are harmed by the selfish, destructive acts of drug users and drug dealers deserve nothing less.

Guest Column: "June is Senior Safety Month"

By Warren County Prosecutor Rachel Hutzel

June is senior safety awareness month. As our population ages, safety and security for senior citizens becomes increasingly important. According to the 2004 census, there are 36.3 million senior citizens in the U.S. and that number is expected to increase to 86.7 million by 2050. More and more seniors live in their own homes. Additionally, the average household income of a senior exceeds $100,000.

Health, wealth and long life sound like good news but there are reasons for caution. I am seeing an increasing number of thefts against senior citizens. Linda Price is one example. Price, a housekeeper, stole from several elderly clients over a two-year period. Kenneth Christian is another example. Christian tricked an 86 year old woman into paying for work on her home that he had never done.

Not all seniors are lucky enough to stay in their own homes. Many receive the care they need in nursing homes. Most of that care is of the highest quality. Occasionally it is not. Roxie Luff pocketed medicine while claiming it was given to patients in the nursing home where she worked as a nurse. Carrie Marshall was convicted of assaulting a patient at the health care facility she worked at.

Many crimes against the elderly are physical rather than financial. Senior citizens in frail health are particularly susceptible to personal crimes such as rape and assault, as well as crimes of neglect. Walter Gray, neglected by Sheila and Shaun Gray, two of his adult children, ultimately lost his legs as a result of his children’s failure to provide appropriate care for their aging father.

Targeting senior citizens is reprehensible. While we cannot create a conscience for criminals who would do such a thing, we can help our elderly friends and relatives by checking in on them regularly, helping them handle their finances if necessary and keeping an eye on caregivers. With extra care, our seniors can enjoy their retirement years, as they deserve.

Guest Column: "Immigration Bill Important Step"

By Warren County Prosecutor Rachel Hutzel

State Representative Courtney Combs has proposed a bill in the Ohio House of Representatives that will require employers to check a potential employee’s Social Security number against the federal government’s E-Verify system before hiring. The bill is a major step to solving the problem of illegal immigration, and too long in coming.

For years southwest Ohio has been a leading voice for stronger, more intelligent immigration policies from our federal government. Federal immigration policy has failed. As such, local and state governments must do what they can to make America a safer place to live. Three other states, Arizona, Mississippi and South Carolina, have already passed similar statutes. By necessity, more and more states are taking steps to protect our borders. Ohio should be a leader in this movement.

America is a land of freedom, but it can only remain that way if we protect our borders. People from all over the world come to America to seek freedom, but as a nation we must insist that they do so legally. Our nation is dependent on the enforcement of laws to protect our freedoms and the failure to enforce our immigration and naturalization laws is a direct threat to those freedoms.

I want to commend Representative Combs for taking the initiative to protect the people of Ohio. Preventing illegal immigrants from working in Ohio, and punishing the employers that violate this law, will produce an immediate and substantial impact in protecting Ohioans.

Guest Column: You are the Key to Stopping Child Abuse

By Warren County Prosecutor Rachel Hutzel

This is child abuse awareness month. Preventing child abuse is the responsibility of all adults, even if we don’t have small children of our own. So, how do we know when to get involved in a child’s life? Here are a few pointers for adults to help protect the children in our communities.

1. Learn the Facts and Understand the risks - Experts estimate that 1 in 4 girls and 1 in 6 boys are sexually abused before their 18th birthday. These numbers show that in every community, in every classroom, there is probably a child that is being abused and in need of help. Unfortunately, most children never report the abuse to authorities and will never receive help if those around them are not able to see the problem and seek help.

2. Minimize Opportunity – 80 % of sexual abuse cases occur in situations where a child is left alone with an adult. Preventing these one on one situations wherever possible will greatly reduce the opportunities that offenders have. Monitoring children’s internet usage is also a key step in assuring that predators do not have access to children.

3. Talk about it – Abusers often manipulate children to believe that it is their fault or that they will be in trouble if they talk about their abuse. Breaking down these barriers and talking openly with children about abuse will help prevent the abuse from occurring and will help those children that have been abused get the help they need.

4. Stay Alert – In the vast majority of abuse cases physical signs of violence are not obvious. Far more common is behavioral changes and signs such as depression, unexplained anger and rebellion. Watching for these signs can be a first clue that a child is being abused.

5. Make a Plan – The way an adult reacts to child abuse can be as important as spotting the abuse. Very few reported incidents of abuse are false. Believe the child and praise their courage. Seek the help of a professional and do not panic. Your support for the child is vital.

6. Act on Suspicions – If you are faced with a situation where you suspect abuse, but have no proof, do not keep this to yourself. Contact your local child advocacy center or call a child abuse helpline. For most people their instincts are accurate.

7. Get Involved – There are many people out there who share with me the belief that protecting the children of our community is a fundamental obligation that we all have, but don’t know how to help.

I recently helped host a Victim Awareness Event to raise awareness about child abuse in our community. Three amazing young women came forward and spoke about their personal experiences with abuse and neglect. Each one of these young ladies discussed the fact that there were many adults who had the opportunity to help them but failed to recognize the warning signs. If these seven steps were followed by the community, we might have stopped their abusers. By working together we can eradicate child abuse here in Warren County and across the country.

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.

GUEST COLUMN: "Drunk Driving Endangers Everyone"

Los Angeles Angels’ pitcher Nick Adenhart’s recent, tragic and untimely death was the result of a repeat drunk driver. While you read this article, three people in the United States will be injured because of alcohol-related car crashes. What’s even more disturbing is that every hour, two people will lose their lives because of drunk driving. Sadly, these accidents are completely preventable.

The affects of drunk driving are felt everywhere. Adenhart’s death brings national attention to the problem, but we have had tragedies right here in Warren County. No case shows the tragic consequences of drunk driving more than that of Troy Sams. Sams was recently convicted of vehicular assault, child endangering and operating a vehicle while intoxicated. He crashed his car, severely injuring his daughter and her friend who were riding in the car. Sams was found to have a blood alcohol level above 1.3 when the police arrived at the accident scene. His recklessness not only endangered Sams’ life, but that of his young passengers and everyone else on the road that night.

According to the Centers for Disease Control (CDC), nearly 17,000 people die in alcohol-related car crashes annually nationwide. In fact, almost 4 in 10 traffic fatalities occur because of alcohol. Even worse, in Warren County, 43% of drunk driving offenses are committed by repeat offenders. Take Roger Horvath as an example. Horvath had 10 separate offenses for driving under the influence. That means that at least 10 times he got behind the wheel of a car while drunk. This type of behavior is unacceptable.

Mother’s Against Drunk Driving (MADD) was started to combat the problem of drunk driving and specifically repeat offenders. MADD has made great strides in changing how America looks at drunk driving but there is still a lot that needs to be done. Andrea Rehkamp, Executive Director of the Southwestern Ohio Affiliate of MADD, is all too familiar with the dangers of drunk driving. “We continue to have 17,000 people killed and 500,000 injured every year by drunk drivers. It is a leading public health issue,” Rehkamp explained. “When I hear stories like that of Roger Horvath it makes me wonder how many bites of the apple does someone get before we take them off the road permanently?” she questioned.

Law enforcement and the courts must continue to aggressively enforce drunk driving laws. This includes prompt suspension of licenses, and the use of sobriety checkpoints. In 2002, a study conducted by the CDC revealed that sobriety checkpoints consistently reduce alcohol-related car accidents by 20%. New requirements including interlock breathalyzer devices for repeat offenders and the creation of an habitual offender registry, will no doubt help to combat the problem of drunk driving.

All of these precautions will help make our roads safer, but to truly end drunk driving we must take it upon ourselves. Don’t allow friends to drive when they have had too much to drink. Teach your children about the dangers of drinking and driving. Establish at a young age that such actions are unacceptable.



Rachel Hutzel is the Warren County Prosecutor.

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."