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CBS/ March 24, 2010, 10:59 AM

States Mull Softening "Sexting" Laws

It's the way teens talk today - via text message from cell phone to cell phone. Add a naked picture of themselves, and it's considered "sexting" and, in some cases, a serious crime in the eyes of the law.

So serious that convicted "sexters" are, in many places, put on sex offender registries and that, reports CBS News Correspondent Kelly Cobiella, means a label for life that many consider too harsh.

"You land on a registry," observes former prosecutor Wendy Murphy, "and you are forever known as a dangerous sex offender, which is not only stigmatizing for life, it's unfair, because it's just not true."

This week, lawmakers in Florida joined 14 other states in considering lessening the penalty for sexting and separating it from child pornography, in a move designed to help the law keep up with changing technology.

"What we're trying to do," says Fla. State Sen. Dave Aronberg, "is create a new section of the law that says this it is not child porn, but also it's nothing that we should take too lightly, because we don't want naked images of young people floating around on the Internet."

The Florida bill creates the offense of sexting. Minors who are first-time offenders would get eight hours community service and a $25 fine. A second offense would be a misdemeanor with possible jail time.

Cobiella notes that the Sunshine State measure was inspired by the case of Orlando teen Philip Albert who, as an 18 year old in 2007, sent naked pictures of his 16 year old girlfriend to her friends and family after the two had an argument.

Eventually, he pled guilty to distributing child pornography and was sentenced to five years probation - and ordered to register as a sex offender.

"I`m on this list," he told CBS News, "the sex offender list, so everyone in my neighborhood or anyone near me can look me up on the Internet."

That, for Alpert, amounts to a lifetime sentence. "The guilt that I felt after I realized I did it was punishment enough," he says.

On "The Early Show" Wednesday, CBS News legal analyst Jack Ford discussed the trend on the treatment of sexting, with co-anchor Maggie Rodriguez:


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16 Comments Add a Comment
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walt9800 says:
Here's irony for you: if those teens had been caught having sex, there's no crime. But take a picture? Uh oh, now you're a dangerous sex offender for life. Isn't it amazing how compelled we humans are to control the sexual behavior of others?
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babooph says:
Is the old testament also rife with child sex?
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kawosa says:
What is sexting anyway? Who came up with this name. If it were only text I would understand how unjust it could be. It is in fact the transmission of lewd and pornographic images. Stop playing games with the words and accept that breaking the law has repercussions for any one who breaks said law. Ignorance or not.....
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kawosa says:
Yea RIGHT. Now lets start being selective about to whom the law applies. If you don't like the law, get it removed. Otherwise it applies to all. We have juevenille courts to handle younger vagrants.

Personally, I believe our freedoms are going down the toilet in a whirl. In my opinion, 90% of the laws created in the last 10 years should be wiped off the books. Tomorrow!
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CBSTV says:
There ought to be no laws against the transmission of images of nude people. It is absurd that such laws were enacted in the first place.
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ci3005 says:
they have to change the sexting laws
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NJinFlag says:
When recent surveys of teens show that approximately 1 out of 5 teens have been involved with the sending or receiving of nude/semi-nude photos, it's really hard to say that we should prosecute 20% of teens for normal teen behavior and stigmatize 20% of teens as "sex offenders".http://askthejudge.info/whether-legal-or-not-teens-continue-to-sext/3969/#more-3969
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susanharlan says:
Why are these girls not being charged??? I know of a 15 year old female, who claimed to be 18 years old. She sent over 50 nude and lewd photos of herself to a man over 30. Now he is facing 25 years in prison if convicted. The internet, smart phones, etc. have become a Monster.
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book_of_wally replies:
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Because they are girls, thats why.
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babooph says:
Anyone who keeps a copy of the Old Testament should be up for having kiddie porn....all that violence is ok I guess...
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jmiller1079 replies:
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Huh?
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stampin35 says:
Totally agree.. His lawyer told us, that he should had raped her...as he got a tougher sentence for what he did....and I am NOT kidding. This ruined his life. At the time of his arrest.......this incident had happened over a year before......it lasted less than 5 weeks.......and he was engaged to be married, had baby on the way, and spent 7 months of that pregancy AND the first year of the baby's life IN Jail while the courts did their thing.........let me tell you what......its been pure hell.
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