“While most of these cases are not worthy of labeling a child as a sex offender for life, a misdemeanor charge will still be enough to let young kids know that this behavior is not appropriate.”
Ron Maag
State Representative, R-Salem Twp.
WARREN COUNTY — A local legislator wants to provide prosecutors and judges with an additional tool when faced with cases involving minors sending nude images of themselves to other minors via cell phones.
Rep. Ron Maag, R-Salem Twp., has introduced House Bill 53, legislation aimed at addressing the issue commonly referred to as “sexting.” HB 53 would make the offense a first degree misdemeanor, with a penalty of no more than six months in prison and a fine of more than $1,000.
Under the new legislation, a felony charge would not be ruled out entirely, but would be reserved for cases in which the true intent of the crime is malicious.
Maag said children sending sexual images do not consider that the image may be end up viewed pedophiles who may track them down or, in the long-term, by future employers or college deans.
“That’s the thing that kids don’t understand,” Maag said. “Once it gets out there on the Internet, there’s no stopping it or where it goes. Once they send that photo out, it’s out there.”
Because sexting between minors is not addressed in the Ohio Revised Code, any minor caught possessing or sending any such image can be charged with a felony of the second degree and be issued a sex offender status. “This (new legislation) would provide prosecutors and judges with an additional tool when faced with these cases so that they are not completely limited in charging minors with felonies, as they currently are today,” Maag said. “While most of these cases are not worthy of labeling a child as a sex offender for life, a misdemeanor charge will still be enough to let young kids know that this behavior is not appropriate.”
While judges can impose lesser penalties for juveniles in such a case, including up to 90 days in jail or counseling, legislation specifically addressing the problem of sexting is valuable and “a long time coming,” according to Warren County Juvenile Court Judge Mike Powell.
“One of the problems that we’ve seen is that the statutes we have on the books right now don’t fit the conduct as well as we would like and sometimes we see a child charged with an offense that really is more serious than the conduct involved,” Powell said.
The “sexting” bill is a reintroduction from the original legislation Maag introduced nearly two years ago in April 2009.
“House Bill 53 brings needed balance to Ohio law to hold teenagers accountable for their actions, without having to charge them as sexual offenders and will raise awareness for how serious and common sexting has become,” Maag said during sponsor testimony last week.
About the Author
