New Porn Bill Hits Senate This Week....

[Lee]

SALT LAKE CITY -- By a unanimous vote, the Utah House of Representatives approved a measure Tuesday reducing the penalty for the exchange of pornography between minors from a felony to a misdemeanor.

Rep. Sheryl Allen, R-Bountiful, began working on House Bill 14 last year after dozens of Top of Utah high school students were charged with distributing pornography for using cell phones to take nude photos of themselves and send them to other students.

Under current state law, anyone who distributes or exhibits pornography to minors is guilty of a third-degree felony, punishable by a fine of $1,000 or more and at least 30 days in jail.

Allen's bill reduces the penalty to a class A misdemeanor for 16- and 17-year-olds, and a class B misdemeanor for anyone under 16.

The bill still needs approval from the Senate.

While the recent trend of teenagers using cell phones to exchange pornographic images is serious, Allen said such exchanges from one minor to another don't warrant felony charges.

"They're not adults, but the law, as it's currently written, punishes them as if they were," she said.

Repeat offenders would still be charged with a felony on each subsequent offense, regardless of age.

The reduced penalties would not apply to anyone 18 or older.

Adults would still face third-degree felony charges on the first offense and second-degree felony charges for repeat offenses.

Adults who help, encourage or command minors to distribute or show pornography would also be guilty of a felony under HB 14.

State law exempts Internet service providers and other communications companies that provide a means of distribution, but do not encourage or go out of their way to facilitate it.

State law goes beyond cell phones to include pornography in any form when it comes to minors, but modern technology has made it much easier for minors to access and share pornography, Allen said.

If the law isn't changed, she said, prosecutors will often do nothing because of their reluctance to charge a minor with a felony on the first offense.

"Technology has put us in situations we haven't been in before, and I think we need to address that.

"Something still needs to be done in these cases, but let's give them a chance before we charge them with a felony."

http://www.standard.net/live/news/162610/

What are your folks thoughts on this? While i can see it being a good thing for the most part, i can also see it being abused should it pass the senate by true sexual predators too.

Do you think someone should be 'charged' with a different crime based on their age? Surely the punishment itself is what should be based on a persons age?

Regards,

Lee

[Rich]

i think when it comes to children the age should be taken in to concideration especially if it for something like sending a picture through a cell phone or email to another child because they like them and want to have sex

children are getting active sexually a lot younger than they used to and the law should be a reflection on this i think

[chadknowslaw]

Someone who is under 18 and takes a naked self picture should not ever be charged with creating or possessing child pornography.

[Lee]

Someone who is under 18 and takes a naked self picture should not ever be charged with creating or possessing child pornography.

I agree with you... To a certain point.... Namely if they are taken for the purpose of 'hooking up' with someone else under the age of 18.

If they are being taken to be used to promote websites, content and get financial gain then i beleive they should be charged with possessing and distributing child pornography... Justin Berry immediately springs to mind here.

I think the purpose for taking the picture should be taken in to account more than the age of the person taking the pic and who took it.

Regards,

Lee

[chadknowslaw]

I agree with you... To a certain point.... Namely if they are taken for the purpose of 'hooking up' with someone else under the age of 18.

If they are being taken to be used to promote websites, content and get financial gain then i beleive they should be charged with possessing and distributing child pornography... Justin Berry immediately springs to mind here.

I think the purpose for taking the picture should be taken in to account more than the age of the person taking the pic and who took it.

Regards,

Lee

Good point.

It would be hard to determine intent or purpose of taking nude pictures, but what we really want to do is criminalize transfer of nude minors to adults. Right??
So instead of trying to determine intent, possession of nudes of minors BY minors should not be illegal (IMHO) but transfer TO an adult should be criminalized and possession BY an adult should be criminalized. Unless it already is~ we don't need more laws when good ones are already in place.

[Aiden]

children are getting active sexually a lot younger than they used to and the law should be a reflection on this i think

The law is fair and is just being modified to get w/ the times. As for people having sex at a younger age than in previous generations - thats a bit far fetched. In the 1800s females were often married w/ children by age 16, sometimes younger. If anything, young people are waiting longer to have sex as education, life expectancy, and std awareness increases.