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Constitutionality of sexting bill questioned PDF Print
News - Regional & State News
Written by Tim Lambert   
Tuesday, 26 January 2010 14:19

sexting(Harrisburg) -- At least two groups are raising concerns about a proposal at the state Capitol to lessen the penalties on teenagers for sexting. The American Civil Liberties Union of Pennsylvania has no problem with the bill's intentions to stop felony prosecutions of teens who send nude photos of themselves to others via cell phone or email. But, Legislative Director Andy Hoover says the plan is flawed because, by charging teens with a misdemeanor, it still criminalizes a First Amendment activity. He says nudity, including of a child, is protected as free expression and child pornography laws are intended for situations where someone is being abusive or exploitive. "In these situations, especially where a kid's taking pictures of themselves, there's no abuse going on," he says. "So, we want to be sure that the bill is narrowed and tailored in a way that fits those situations." Hoover says education programs are appropriate punishment, in most cases. The Juvenile Law Center has also raised similar concerns.

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