Republican Chairman of the House Judiciary Committee Rep. Ron Marsico (R-Lower Paxton) is pleased that legislation to create a new section in the Pennsylvania Crimes Code establishing the offense of sexting passed through the judiciary committee today.

 “For those of you unfamiliar with the term sexting, it is the act of a minor transmitting, in an electronic communication, a depiction of himself or herself or of another minor engaging in sexually explicit conduct,” said Marsico.  “Currently, sending sexual images to minors is against the law.  What this means is that there is the potential for minors who sext to be charged and prosecuted for the transmission and dissemination of child pornography, which is a felony.  The committee felt that this was an extremely harsh penalty which could result in a permanent record in addition to other ramifications, which could include being registered as a sexual offender for a period of 10 or more years.”

House Bill 2189 would create a new section in the Pennsylvania Crimes Code establishing the offense of sexting.  It provides that the knowing transmission by a minor 13 years of age or older and under the age of 18, a depiction of himself or herself or of another minor engaging in "sexually explicit conduct" commits a misdemeanor of the second degree.   In addition, the subsequent dissemination of the depiction to other minors will also be graded as a second degree misdemeanor.  All proceedings related to the sexting offense would be handled under the Juvenile Act.   

 “While the idea of sexting may be shocking, it is not unusual, especially for high school students around the country.  We live in a time when electronic communications, that can easily include photographs as well as text, are the norm,” said Marsico.  “As with any kind of innovative technology, the legislature has had to keep up with the times and deal with issues that have arisen as a result of these new forms of communication.” 

The intent of the bill is to downgrade the potential penalty for sexting when committed by minors of a certain age.  Additionally, the legislation is designed to encourage each case to be looked at individually, and, if appropriate, allow the minor to receive a diversionary or alternative sentence, which may include participation in an educational program.   If the minor successfully completes a special program, under current provisions of the Juvenile Act, the record can be expunged.

Marsico amended the bill in committee in order to clarify the offense, point law enforcement and prosecutors toward available diversionary alternatives, expressly provide for expungement of the offense upon successful completion of those diversionary programs and also provide that minors will not be subjected to detention in a secure juvenile facility solely on the basis of being charged or convicted of this offense. 

The amendment also provided that if the offense fits under this new section, the minor cannot be charged under the child pornography statute, which would be a felony offense.  The amendment also dealt with the issue of "dissemination" which would make it an offense for the minor who receives the sext to further publish it or disseminate it to a wider audience.  This creates the possibility that the image will be seen or subsequently re-posted by a child predator.  The Marsico amendment makes a minor's further dissemination of the image a misdemeanor offense.

“Young adults must be aware that sending nude photos of themselves, or someone else engaging in sexually explicit conduct, is a crime.  Minors involved in sexting need to understand that when a crime is committed, there are serious consequences,” said Marsico.  “We believe that House Bill 2189 presents a commonsense solution.  Maybe even more importantly, the parents of these young adults need to be aware that this is happening frequently in every socio-economic background, in cities and in suburbs.”

House Bill 2189 will now go to the floor of the House.

Rep. Ronald Marsico
105th District
Pennsylvania House of Representatives

(717) 652-3721

(717) 783-2014

Member Site:  RonMarsico.com

Member Email:  rmarsico@pahousegop.com
Contact:  Autumn R. Southard

(717) 787-2946
Caucus Site:  PAHouseGOP.com