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New criminal definitions for teen sexting emphasize smarter phone use, but keeps punishment for ‘malicious activity’

Washington Gov. Jay Inslee, seated center, makes remarks before signing a bill into law, Wednesday, April 24, 2019, at the Capitol in Olympia, Wash. The bill creates a new group of crimes reserved specifically for minors who are caught with explicit images of other minors, attempting to solve what lawmakers described as a paradox in current law, where even youth who report a sexual picture or video can themselves be potentially charged with a felony and even forced to register as sex offenders. (Ted S. Warren / AP)
By Jim Allen jima@spokesman.com

A new Washington state law that lessens the penalties for “sexting” by minors will help teenagers learn from their mistakes, educators and some lawmakers said this week.

On Wednesday, Gov. Jay Inslee signed into law a bill that will create a new group of crimes for minors who are caught in possession of explicit images of other minors.

Under current law, the statutes that criminalize youths exchanging such images are the same ones originally written to target adults for child pornography.

As felonies, many child pornography crimes also require registration in the state’s public sex offender database.

That will change when the bill becomes law at the end of July.

Most of the new youth-only crimes would be set as misdemeanors, a status that would exempt convicted youths from having to register as sex offenders.

“Young people will make mistakes, but a teen who sends a naked selfie should not suffer the same consequences as a child pornographer,” said the bill’s prime sponsor, Rep. Noel Frame, D-Seattle.

“By bringing state law up to date with technology, we are protecting teens from the unintended consequences of a law meant to keep them from harm while ensuring that malicious behavior can still be punished appropriately.”

That’s the same approach taken by Spokane Public Schools, which according to district spokesman Brian Coddington emphasizes “education and responsible use of devices.”

“We talk to students and parents about the dangers and potential lasting impact of their decisions,” Coddington said Thursday.

“This approach is consistent with our efforts to educate and use restorative practices when appropriate to help a student move forward in conjunction with any additional accountability,” Coddington said.

The bill was backed by the Washington Association of Prosecuting Attorneys, the Office of the Superintendent of Public Instruction, the Washington State Coalition Against Domestic Violence, Team Child, the Washington Defender Association and the Washington Association of Criminal Defense Lawyers.

However, it narrowly passed the Senate, 25 to 19. Among Spokane-area senators, Democrat Andy Billing voted yes and Republicans Jeff Holy, Mike Padden, Mark Schoesler and Shelly Short were opposed.

Remaining a felony, but under new, minors-only criminal definitions, would be the exchanging of images of a child 12 or younger and the sale of images of another minor.

Twenty-three states still have laws that treat teen sexting as a felony, according to Victor Strasburger, of the University of New Mexico.

According to Strasburger’s research, 95% of American teens own or have access to a smartphone.

Based on international surveys, more than one-quarter of teenagers have received a sext, while 15% have admitted to sending them, the researchers noted.