The Adobe Flash Player is required to view this multimedia interactive. Get it here.

‘Why so slow on ‘sexting’ bill?’ state rep asks

Is your “unlimited” data being throttled?
New 19 min. ago
Kasich wants 100 gigabits per second state network, smarter smartphones
2:07 p.m.
Cracker Barrel manager accused of embezzling $2K
2:07 p.m.
Benefit dinner held for girl who died in car accident
2:00 p.m.
Wright-Patterson relatively unscathed in Obama defense budget
1:46 p.m.
> More headlines

By Ed Richter, Staff Writer Updated 9:02 AM Friday, January 8, 2010

COLUMBUS — A Warren County state representative is concerned a bill crafted a year ago to address “sexting” between minors has not passed the legislature.

State Rep. Ron Maag, R-Lebanon said he’s reached out to state Rep. Tyrone Yates, D-Cincinnati, who chairs the House Criminal Justice Committee, on Substitute House Bill 132, which would make the creation, exchange and possession of nude materials between minors by a telecommunication device a first-degree misdemeanor.

The bill would not rule out the possibility of a felony charge, which could be reserved for cases where the true intent of the crime is malicious.

There is no law on the books addressing “sexting” among minors and Maag believes there is a need to balance Ohio law so teens can be held accountable without charging them as sexual offenders and felony convictions.

Maag said Thursday, Jan. 7 that “for nearly a year, I have reached out numerous times to Chairman Yates including monthly letters, formally asking him to schedule additional hearings and a vote on House Bill 132.”

“I have spoken to him directly with Attorney General Richard Cordray and heard from concerned parents and members of the legal community who all gave their staunch support for this legislation. Meanwhile, teens across Ohio are facing felonies for these telecommunications mistakes.”

House Bill 132 was in response to increased incidents of sexting in Ohio. One case prosecuted occurred in Mason when nude photos of a 15-year-old-girl were found on a freshman’s 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 them may receive.

“As technology changes, the legislature and law enforcement must work together to adequately provide the protection that children need,” said Warren County Prosecutor Rachel Hutzel. “The failure of the leadership in the House to allow the legislature to move on the ‘sexting’ legislation continues to tie the hands of law enforcement across the state as we try to protect our youth.”

Responding to Maag’s complaints, Yates said “bills are not passed on the number of letters that are sent.”

“Bills are passed when they are ready to be passed,” Yates said. “This is still under review by the state Criminal Sentencing Commission. This is a very complicated piece of legislation event though it looks simple.”

He said Maag is in his first term in the House and is new to the process. Yates said Maag “doesn’t understand how we pass bills.” He added that he does appreciate and respects Maag’s interest in the bill.

But Yates said, “we won’t pass bills until they’re ready.”

Contact this reporter at (513) 696-4504 or erichter@coxohio.com.

Share this article