Teenage "Sexting": A New Family Dilemma
"Sexting" has become a cultural phenomena that has swept countless teenagers throughout the country.

April 02, 2010 /24-7PressRelease/ -- Teenage "Sexting": A New Family Dilemma

"Sexting" has become a cultural phenomena that has swept countless teenagers throughout the country. It is not unusual for teenage boys and girls to send each other pictures via their cell phones. Sometimes the pictures are naked and sometimes the pictures are naughty. The question is whether this teen behavior, while sometimes questionable, should be treated with adult penalties.

In October of 2008, in the Tunkahannock, Pennsylvania School District, several high school students had their cell phones confiscated. According to court filings, photographs of "scantily clad, semi-nude and nude teenagers were found" on the students' phones.

The District Attorney of Wyoming County threatened prosecution for possession or distribution of child pornography. D.A. Skumanick threatened long prison sentences, permanent criminal records and registration under the Sexual Offender Act, also known as 'Megan's Law.'

A meeting was held between the District Attorney, parents and students with the D.A. warning that 6 (six) to nine (9) months of classes must be taken or "charges will be filed".

What the District Attorney failed to consider is that the "offenders" included a teenager in a bathing suit, a young lady with a towel fully covering her body (after taking a shower) and two (2) girls in opaque bras at a slumber party.

The parents mentioned that the photographs did not depict genitalia or any sexual activity, but the District Attorney could not be deterred. D.A. Skumanick refused to provide counsel with the pictures, even though the before referenced pictures were innocent and did not contain nudity or sexual activity.

The families contacted the ACLU. Suit was filed against District Attorney Skumanick. In early March, the Pennsylvania Federal District Court granted the parents a temporary restraining order against the district attorney, George Skumanick.

The question is...how should our Pennsylvania legislation handle the cultural phenomena of teenage texting?

Representative Tom Caltagirone (D-Berks County) has maintained that "sexting" shouldn't saddle youth with a felony arrest for doing a foolish act. "A lot of these kids are teenagers and they do dumb things. We want to stop this from being a felony. It could carry through the rest of their lives."

PA House Bill 2189 introduced by Representative Seth Grove would classify sexting by youths under 18 as a second degree misdemeanor, instead of a felony. The outcome of Bill 2189 is far from clear.

Dos and Don'ts if Your Child is Accused of Sexting in Pennsylvania:
-Contact an experienced criminal attorney immediately. As the case from Wyoming County illustrates, the danger of an overzealous District Attorney destroying children's lives is real.
-Have your attorney research the law because the law is in flux. It is hard to say what the final legislation may be next month or next year.
-Have an attorney at any meeting (at school or with the police).
-There is no protection afforded your child from any statement made to a school official. Please protect your child's rights!

As New York Law Professor Ann Adler said "The child pornography law was about protecting children from pedophiles. While sexting is bad judgment, it's simply not what the Supreme Court had in mind when it crafted the child pornography laws." (New York Times, Mar. 21, 2010)

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