KOTA Territory NewsTeen sexting laws could change

Teen sexting laws could change

Between 4 to 20% of teens admit they've sent or received a 'sext' message ... That's a sexually explicit message or picture sent through a  cell phone.
 
Now, a new bill recently passed unanimously in the state senate seeks to change the penalties for teen sexting.

If your kid has a cell phone, chances are you may have good reason to be concerned.
 
"It's more prevalent than you think, it's not as rare as you would hope," said Paula Long Fox, counselor at North Middle School in Rapid City.
 
Teen sexting is a disturbing trend that's gained national attention. Now South Dakota legislators are stepping up to address it.
 
"The teens that are doing this will be able to be held accountable now," said Pennington County Deputy State's Attorney, Tracey Decker.
 
Under the current law, prosecutors are limited in how they can charge sexting.
 
"Prosecutors have two choices, charge nothing when juvenile send naked pictures back and forth...or charge them with possessing, distributing, manufacturing pornography which is a felony, and requires them to register a sex offender," said Decker.
 
A new senate bill would make juvenile sexting a misdemeanor crime ... punishable by up to one year in jail.
 
"It sends a message that the community at large and state leaders, have decided it's not ok in South Dakota," said Long Fox.
 
"It gives law enforcement and prosecutors another tool and it's much more fitting for juvenile offenders, it s a misdemeanor, it's non registerable offense. Helps us deal with the problem and the hurt that's caused without saddling them with a child pornography charge," said Decker.
 
Under the new bill, teens who receive an unsolicited, explicit text message, may not face legal actions if they delete it immediately and do not distribute it.
 
Counselor Paula Long Fox hopes the new bill will give impulsive teens a second chance.
 
"It would be a wake up call to student, wouldn't harm them in the future, give them a chance to learn. To that degree I think the bill is probably a good one," said Long Fox. 

Decker says teens can still be charged with a felony if the content of the image is very explicit in nature.
The bill has only passed the first of five steps so far. It now heads to the house floor for a vote.