Rep. Seth Grove (R-Dover) released the following statement today regarding the 3rd U.S. District Court of Appeals’ failure to make a ruling on whether “sexting” constitutes pornography:

“It is clear from the decision by the court that legislative guidance may be helpful on the issue.  The decision did not say minors could not be charged for sexting or that it is their First Amendment right to transmit nude photos.  In fact, the federal court conceded that the photo in question may fall within the definition of a ‘prohibited sexual act,’ as set forth in our child pornography statute.  It is my intent to legislatively clarify this issue to avoid further court challenges. 

“At this point, the only option for district attorneys is to pursue felony charges, which highlights the need for House Bill 2189.  My legislation would give prosecutors the option to charge teens caught sexting with a less serious second-degree misdemeanor.  It would help to protect children from sexual exploitation, harassment and embarrassment by offering a punishment appropriate for their actions.  Not adopting this bill will send a message to teenagers that sexting is OK, and I don’t think anyone wants to imply that.

“We have to remember, whatever the legal status of sexting, it is foolish and dangerous.  What may seem like an innocent expression between two teens could and has ended up as a tool for sexual predators.  Teens need to know that nothing transmitted via electronic communication can be guaranteed to remain only in the hands of the original recipient.  I encourage parents to have an open and frank discussion with their children about this issue and to set boundaries for cell phones, computers and online gaming systems.” 

Representative Seth Grove
196th District
Pennsylvania House of Representatives
(717) 767-3947

Contact:  Nicole Wamsley

nwamsley@pahousegop.com or (717) 783-8063

Member site:  RepGrove.com

Twitter site:  Twitter.com/repgrove