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Beach/Girgenti Legislation Allowing Juveniles Convicted Of ‘Sexting’ To Enter Educational Program Now Law

A view of the Senate Chambers from the 2010-2011 Senate Reorganization.

TRENTON – Legislation sponsored by Senators Jim Beach (D-Camden) and John Girgenti (D-Passaic) that would allow certain juveniles charged with “sexting” to enter into an educational program and avoid criminal prosecution has been signed into law.

“Many young people simply don’t know the dangers associated with ‘sexting’ and may not have been educated about the harm it could cause,” said Beach. “In some instances, it would simply be unfair to slap a criminal charge on their record for something they may not realize was wrong. This program provides critical education to children to inform them of the repercussions of engaging in this activity, including the potential for legal ramifications.”

“Rather than punish those who might be unaware of how dangerous their action is, we need to provide education on this issue. By teaching children the dangers of ‘sexting’ we can help stop the activity from occurring, while at the same time preventing unnecessary punishment,” said Girgenti.

The Pew Research Center’s Internet & American Life Project reported in December 2009 that four percent of teens ages 12 to 17 who own cell phones have sent nude or nearly nude images or videos of themselves, while 15 percent in that group have received such images of someone they know.

The law, S-2700, would limit admission to the educational program to cases where the juvenile has not been previously convicted of certain enumerated sexually related crimes; the juvenile was not aware that his or her actions could constitute a crime and did not have the intent to commit any of the enumerated offenses; the juvenile’s offense is related to a condition or situation that would be conducive to change through his or her participation in the educational program; and the benefits to society in admitting the juvenile into this educational program outweigh the harm done to society by abandoning criminal prosecution.

The Attorney General, in consultation with the Administrative Office of the Courts, would develop the educational program. The program would include information regarding the legal consequences of “sexting”, the non-legal consequences of “sexting”, the long term impacts of engaging in the activity, and the possible connection between bullying and cyber-bullying and juveniles sharing sexually suggestive or explicit materials. The law will take effect the first day of the seventh month following enactment.

The measure received final approval in both houses of the Legislature in June.

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