Two teens were arrested in a Florida high school after one of them filmed the other having sex with another student:
Deputies say a 17-year-old boy had sex with a 15-year-old girl, reportedly on tables behind some book shelves. They say the act was videotaped by a 15-year-old boy and shared via Bluetooth transmission with a female student.
The 17-year-old boy is now charged with lewd or lascivious battery. The student who videotaped the act is charged with transmission of pornography by electronic device.
The article doesn't say why the teen male was arrested but not the teen female. It sounds like a consensual act, not battery. Florida's age of consent for sex is 18, so both teens were below the age.
But what about the 15-year-old who recorded the act with his cell phone? He recorded two people his own age (or older) having consensual intercourse, probably not realizing that he was producing "child pornography" because he doesn't consider them "children." Then he transmitted it to another person which is an additional crime. And the student that received it was then in possession of child pornography and may have shown the child pornography to others.
The crimes just keep adding up. Do we really want to treat a teen recording other teens having consensual sex the same way we would treat a 60-year-old producing child porn in his basement? Do we want to label these kids as "sex offenders" and put them on the Sex Offender Registry before they are even out of high school?
Georgia's House Bill 156 was signed in March and looks on its way to the Governor for signature into law. Basically, it creates misdemeanor exceptions for teen "sexting" under certain circumstances. This adds a little more common sense to the current Georgia law. Note that it does NOT change federal law and does NOT apply to people 18 and above. So while it is a welcome exception, it is still a narrow one.
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