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N.J. bill would create education program on criminal, social consequences of sexting

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TRENTON — Assemblywoman Pamela Lampitt has heard the story too many times. Kids send nude pictures of themselves or others through their cell phones or social networking sites — a practice known as "sexting" — only to discover that if they get caught, they could be charged with crimes including child pornography. "It’s startling to see, absolutely startling ......

pamela-lampitt.JPGAssemblywoman Pamela Lampitt in this September 2010 file photo.

TRENTON — Assemblywoman Pamela Lampitt has heard the story too many times.

Kids send nude pictures of themselves or others through their cell phones or social networking sites — a practice known as "sexting" — only to discover that if they get caught, they could be charged with crimes including child pornography.

"It’s startling to see, absolutely startling ... ," said Lampitt (D-Camden). "They think they’re just doing something fun, and there are no consequences to their actions."

In an effort to get teens to understand the seriousness of sexting, Lampitt has introduced legislation to establish an educational program that would serve as an alternative to prosecution. The measure (A1561) cleared the Assembly Judiciary Committee yesterday, 6-0, and now moves to full Assembly. Senate approval and the governor’s approval are also needed before it can become law.

Under the measure, the attorney general’s office would create a program to teach teens about the criminal penalties and social consequences of sending or receiving nude or semi-nude images through their cell phones or computers. Included would be lessons on how the uniqueness of the Internet can produce long-term and unforeseen consequences after photographs are posted and the connection between cyber-bullying and the posting of sexual images.

Only first-time offenders would be covered by the bill. A juvenile court would have to determine whether the teen would harmed by prosecution; whether he or she was unaware sexting was a crime; and whether the program would likely deter them from doing it again.

"When our children are in many different places doing many different things, we need to find a means and a mechanism not to send them off to jail," Lampitt said. "We need to find a means and a mechamism to educate them."

A 2009 survey by MTV and the Associated Press found that 24 percent of teens between the ages of 14 and 17 had been involved "in some type of naked sexting."

Last year, a 14-year-old Clifton girl faced child pornography charges after she posted nude and semi-nude pictures of herself on the MySpace social networking website. The charges were later downgraded and the girl received probation and was ordered to undergo counseling..

And last week, police and school officials in Hackensack said they were investigating a report that a nude picture of a sixth-grade child was disseminated using electronic devices and warned students to remove the image or face charges.

"It’s case after case after case," said Lampitt, who has also introduced legislation requiring cell phone retailers to include information about sexting with new purchases or contracts, and to require schools to disseminate information about the dangers of sexting to middle and high school students. "I think that parents just need to be much more aware about the ramifications of technology."

By Matt Friedman and Megan DeMarco/Statehouse Bureau

Previous coverage:

Bill advances that would make N.J. juveniles charged with 'sexting' eligible for educational program

N.J. Legislature to weigh allowing teens caught 'sexting' to enter diversionary program

Legislature to hear measure aimed at cracking down on 'sexting' by teens

Layoff notices, sexting, farm markets to be discussed at Assembly hearing


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