‘Sexting’ teens could avoid felony charges under bill

Virginia lawmakers trying to give prosecutors option.

The Virginia RICHMOND, VA. — Senate this week passed a bill intended to keep teenagers who willingly share sexually explicit images with each other from being branded felony sex offenders.

The measure, which passed on a bipartisan 35-to-5 vote, would give prosecutors the option to charge “sexting” among minors as a misdemeanor.

Under current law, the sender and recipient can be charged with dissemination and possession of child pornography, a felony. That means prosecutors must choose between bringing felony charges or doing nothing, said Sen. William Stanley, R-Franklin, who sponsored the bill with Sen. Scott Surovell, D-Fairfax.

Stanley said the legislation would give prosecutors the option to “do something in the middle, not to end someone’s life before it even begins with a felony conviction that doesn’t fit the crime.”

Under the legislation, a minor who transmits sexually explicit images to another minor could be charged with a Class 1 misdemeanor, punishable by up to a year in jail and a maximum fine of $2,500, as long as there is no intent to use the image to harass or intimidate, or to extort money. That scenario might apply to teens who show explicit photos of their girlfriends or boyfriends to friends, supporters of the bill said.

A less-serious, Class 2 misdemeanor charge would apply if the minor possesses no more than 10 images, and if he or she obtained them with the permission of the subject. That charge carries a maximum six-month sentence and a fine of $1,000. A first offender would be eligible for six months’ probation and 50 hours of community service.

The legislation now goes to the House of Delegates for consideration.