Proposed new 'sexting' law could give teens a break

KIRO 7 goes in-depth on the consequences for teens caught sending nude photos of themselves or their classmates.

It's called 'sexting.' It's a felony.

And if convicted, those teenagers could be forced to register as sex offenders under the state's child pornography law.

A proposed bill moving forward in the state legislature would change that, but the bill doesn't let teens completely off the hook. In fact, the teen could still end up in juvenile detention. But the charge would be a misdemeanor, not a felony.

It has happened before.

Scroll down to continue reading

More news from KIRO 7

• Documents: Student in school shooting plot: 'I need to get the biggest fatality number'
• Florida school shooting suspect charged with 17 counts of premeditated murder
• How to find your King County property taxes in three quick steps
• State Senate votes to repeal death penalty in Washington state
• Florida school shooting: Football coach shot, killed while protecting students hailed as hero

DOWNLOAD OUR FREE NEWS APP

That was the fate three teens faced in 2010 after they sent nude photos of a child to each other. They were then 13- and 14-years-old.

Under state law, if convicted, they would have to register as sex offenders.

"The felony offense and registry as a sex offender works against our long-term interests in making sure kids are held accountable," said University of Washington psychologist Sarah Walker, who specializes in children and the justice system.

Walker said teens naturally take risks that can get them into hot water.

"Part of the task of a maturing brain in adolescence is you have to take risks in order to become an adult," Walker said. "You have to start to learn about the world on your own and the way that you do that is you take risks and you learn about the world."

She testified in favor of the bill before the state legislature last month. Under the proposed bill, the part of the child pornography law that prohibits sharing sexually explicit photos would no longer apply to juveniles.

Children sending nude photos of themselves would not be a crime at all and if those photos are shared with other minors, it would be a misdemeanor, no longer a felony.

"This is a bill that is about 10 years overdue," Kitsap County deputy prosecutor Todd Dowell told lawmakers.

The bill also has the support of the Washington State Prosecuting Attorneys Association whose job is to file charges against suspects.

"Sometimes these aren't even intimate partners, intimate significant relationships," Dowell said of the teens' texting. "They are just sending pictures of each other and so we need to deal with this in an appropriate manner."

Still, there is often a victim when these sexually explicit photos are shared.
Walker

said teens would still face legal consequences.

The prosecutor could still decide to file a case," she said. "A youth would have to still be held accountable for that action. There would have to be appropriate measures taken so that the victim experiences some repair."

Cox Media Group