One of five American teens have electronically transmitted nude or seminude images of themselves and nearly four of 10 have sent sexually suggestive e-mail or text messages. Florida lawmakers are attempting to address the issue with an approach that may seem counterintuitive: partly decriminalizing behavior known as "sexting" by minors and diminishing current penalties that could brand libidinous teens as child predators or pornographers."We have a 20th century law that was never meant to apply to a 21st century situation like this," Sen. Dave Aronberg, D-Greenacres, said Tuesday. "We're saying, 'Let the punishment fit the crime.' This is a stupid activity and it will come back to haunt young people for years to come, but it is not child pornography."
Bills filed in the Florida Senate by Aronberg and in the House by Rep. Joseph Abruzzo, D-Wellington, take a somewhat parental approach. The measures would specifically address sexting by minors and apply an escalating series of punishments that the sponsors say will make enforcement more likely. The legislation defines sexting as using a computer, cell phone or other electronic device to transmit nude photos or videos of oneself or possessing such an image sent by someone else.
Under current Florida law, a minor -- anyone under 18 -- who sends such an image can be charged with creating, possessing or transmitting child pornography and labeled as a sexual offender. The penalty for that third-degree felony is five years in prison and a $5,000 fine. Aronberg said it doesn't make sense to hit teens with penalties that severe for transmitting pictures of themselves. "What makes this so unusual is that the supposed 'pornographer' is also the victim," said Aronberg, who is running in the Democratic primary for Florida attorney general.
A "Sex and Tech" survey commissioned by her organization in September 2008 revealed the scope of sexting by American teens and young adults. It found that 20 percent of teens sent or posted nude or seminude pictures or videos of themselves, including 22 percent of teen girls and 11 percent of young teen girls (13 to 16 years old). Thirty-nine percent of all teens said they sent or received sexually suggestive text messages. Many teens were using this material as a high-tech calling card -- sending it to someone they did not know well or wanted to date, according to the survey.
In Florida, the bills now moving through the Legislature would take a 'please-learn-your-lesson' approach. A first violation would be non-criminal, punishable by eight hours of community service and a $25 fine. A second would be a misdemeanor punishable by 60 days in jail and a $500 fine. A third would be a first-degree misdemeanor with up to one year in jail and a $1,000 fine. A fourth becomes a felony punishable by up to five years in prison and a $5,000 fine. Aronberg said the stepped punishment makes enforcement far more likely than it is today.
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