The Pennsylvania House decided Tuesday that minors who sext should be prosecuted with either summary offenses or second-degree misdemeanors. The ACLU of Pennsylvania says that may be unconstitutional.
Bill 2189 went unto the Senate. It would create a tiered system of criminalization for sexting, the act of sending suggestive photos on cell phones.
The bill doesn’t address child pornography laws.
Andy Hoover, the Legislative Director or the ACLU of Pennsylvania says it infringes on First Ammendment rights. He also says the bill creates a new crime. "Kids are gonna stumble sometimes, they’re gonna be irresponsible but that’s best left to parents. This bill is basically a government takeover of parenting. This bill basically says we’re not going to trust parents to discipline their kids, the criminal justice is gonna do it and that’s wrong," he said.
According to a recent survey, 25 percent of teens have participated in sexting.