In late September, New Jersey enacted a law that allows first-time juvenile offenders to avoid prosecution and instead be placed in an educational program.
The measure, which was sponsored in the Assembly by Pamela Lampitt (D., Camden), still allows prosecutors to file criminal charges against those who disseminate the material with "malicious intent," but gives prosecutors discretion in how to enforce it and leeway to offer gentler punishment to misguided teenagers who slip up.
"Our court system is burdened. . . . Do we want to bog down our judicial system for this?" Lampitt said.
The Attorney General's Office will issue guidelines on how to enforce the law, and it will also work with the court administration to develop the diversionary educational program, said Brian McGinnis, a spokesman for Lampitt.
According to the law, the program would teach the teens about the legal, social, and emotional ramifications of sexting and discuss how the "unique characteristics of cyberspace and the Internet" can produce "long-term and unforeseen consequences."
Meanwhile, in Pennsylvania, Republicans in the House and Senate are working on bills that would make sexting a misdemeanor rather than a felony, as it is under current statutes.
"I don't think they should do jail time," said Rep. Seth Grove, (R., York), who introduced sexting legislation in 2010. "But community service and educational programs. . . . If you give them heartache, to me that sends a message that it's unacceptable behavior."
Grove's bill passed the House in 2010 and was revised and passed again in 2011. Now it sits in the state Senate Judiciary Committee.
