Lawmakers, prosecutors differ on sexting punishment

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RIVERSIDE — A sexting case that started between two female Stebbins High School students before making the cyber rounds highlights the disagreement among some prosecutors and lawmakers whether Ohio needs new laws to address the issue.

Julie Bruns, Montgomery County’s chief juvenile prosecutor, contends Ohio’s statutes suffice because prosecutors can use discretion in applying them.

She is referring to two Stebbins students — one of the females who sent the image and a male who forwarded it — to a diversion program that will allow them to avoid criminal records if they complete the requirements.

If they fail, Bruns said, they could be charged with illegal use of a minor in a nudity-oriented material or performance, a felony that usually requires registering as a sex offender.

But some lawmakers insist these cases illustrate the need for a new Ohio law that specifically addresses sexting — sending sexually explicit pictures, videos and chat by cell phone or online — among juveniles and calls for less harsh penalties.

State Rep. Connie Pillich, D-Cincinnati, introduced House Bill 473, which makes sexting a misdemeanor for juveniles.

“We wanted a new law that would deter the behavior, but wouldn’t ruin children’s lives,” she said.

The House in May passed the bill by a 7-to-1 margin, but it is unlikely to pass the Senate because that body meets only once more this week in a lame-duck session.