When Slut-Shaming Is Not Enough ...

… then it’s time for a legal crackdown!

According to the Columbus Dispatch, an Ohio legislator has proposed a bill that would define “sexting” by teenagers as a first-degree misdemeanor:

Rep. Ronald Maag, R-Lebanon, said he will soon introduce a bill making the creation, exchange and possession of nude materials between minors – commonly known as “sexting,” – a first-degree misdemeanor.

“Local prosecutors have brought to my attention that under current Ohio law these teens could be charged with a felony and classified as sex offenders,” Maag said. “There is concern that this may not be appropriate for these minors.”

Now, in Maag’s defense, it’s an obviously good idea to ensure that teenagers don’t get charged as felony sex offenders! But why criminalize this behavior at all? Adults can send legally naughty photos of themselves via cell or post them to the Internet. Obviously, nude photos of minors bump up against child porn laws, so there’s good reason to restrict them on the Internet.

But as long as sexting remains an activity between two consenting teenagers, I see no reason for them to run afoul of the law. Why not use this chance to decriminalize it altogether?

Of course, teens shouldn’t have sex until they’re mature enough to handle it. Sexting is likely to magnify their vulnerability. I wouldn’t want my kids involved in it when they’re 13 or 16. There’s too much scope for harming themselves and others. So this is an area that sex education ought to be addressing. I don’t mean just sex education in the schools; I mean parents, the media, churches – anyone who cares about kids.

But it’s a sign of moral bankruptcy, on the social level, if we think the criminal justice system should take over a role that properly belongs to education.

By contrast, it should definitely be illegal to disseminate a person’s photos without permission, because it violates his or her consent. The sad story that spurred Maag’s bill involved a girl in Cincinnati, Jessica Logan. She killed herself after her photos were circulated throughout her whole school. What drove her to despair wasn’t her initial act of sending pictures to her boyfriend; it was the subsequent deception and breach of trust. While this isn’t identical to rape, her consent was violated all the same, and in analogy to sexual assault laws, that violation deserves to be punished under the law.

Update 4/17/09: Vermont is considering legislation that would do exactly what I called for in this post. Very cool. So no excuses, Ohio!