• 22
  • July
    2011

Cell phones are constantly evolving, leaving many teenagers scrambling to buy the newest and latest phone. Teens across the country have unfortunately been engaging in behavior that could have severe consequences: cyberbullying and sexting - the act of sending provocative pictures of themselves or classmates via cell phone, email or social networking sites.

Parents, school administrators, and law enforcement personnel are at a loss of how to deal with youthful offenders who engage in these activities; some prosecutors are left with charging the teens under existing child pornography laws - meaning that the teen is then left with a criminal record and may have to register as a sex offender for the rest of his or her life.

In June 2011, New York legislators passed the "Cyber Crime Youth Rescue Act" in an effort to give prosecutors and judges alternative options for dealing with youths facing charges involving sexting or cyberbullying. The bill creates an educational diversionary program for those offenders that the prosecutor determines didn't intend to commit a crime. The prosecutor would be able to recommend the judge assign youth to the program rather than traditional criminal prosecution.

The goal of the program is to educate teens about the potentially destructive impact of sharing sexually explicit photographs or other material on their relationships and futures. The program also emphasizes the extent of people who can access the images once they are on the internet. Supporters of the bill hope the educational program will make teens think about the consequences of their actions in the future.

In passing this measure, New York lawmakers are following a trend in other state legislatures. Twelve other states are either considering such a measure or have passed such laws to allow prosecutors to distinguish sexting from child pornography or other sexual predator charges.

The next step for the bill is for Gov. Cuomo to decide whether to sign the bill into law.