Keep It Private: Law Would Change Penalty for Sexting

A new bill was proposed Monday that would allow prosecutors to charge teenagers caught sexting with a misdemeanor instead being tried as an adult.

Under the current law, prosecutors could charge those in possession of sexual images of a minor can be charged with possession of child pornography and be tried as adults even if they are juveniles. The new bill would allow prosecutors to treat some of these cases a juvenile misdemeanor offense.

Texas Attorney General Greg Abbott and state Senator Kirk Watson both came out in support of the bill on Monday.

"Our goal is not to put more teens behind bars but to try to prevent this kind of conduct from taking place, and if it does take place resolve it in ways as quickly as possible that will minimize the damage to these teens going forward,” Abbott said.

"Teens who receive unsolicited, receive this type of image, if they report it to law enforcement within 48 hours, they will have an affirmative defense to the offense of possession, of this material,” Watson said.

The legislation would make sexting a picture of a minor a class C misdemeanor that could be upgraded to a more serious charge. It requires school districts to provide warnings about sexting to students and parents in places like school handbooks and websites. A judge can order an offender and their parents to a class about the dangers of sexting.

If approved by state lawmakers, the law would take effect in September.