STATEHOUSE (Feb. 2, 2010) - Legislation designed to protect Hoosier teens from a growing problem known as “sexting” today passed the Indiana Senate by a vote of 50-0.

Senate Bill 224, authored by Sen. Jim Merritt (R-Indianapolis), would establish sexting as a delinquent act if a child creates, displays, transmits or possesses a photograph, video or other material that shows a minor engaging in sexual conduct.

“Currently, Indiana has no laws that cover this alarming trend except to charge teens with felonies,” Merritt said. “My intention is to carve out a new, less punitive status offense. Hopefully, through this legislation, offenders of sexting can be taught the seriousness of their actions yet be held accountable in a reasonable manner.”

Merritt said a juvenile court may require a sexting offender and his or her parents to participate in an educational program or outpatient counseling.

According to the National Conference of State Legislatures, 11 states considered bills in 2009 aimed at sexting - the act of sending sexually explicit images of teens by cell phone. Much of the talk surrounding these proposed laws reportedly focused on applying “appropriate penalties” to teens who engage in sexting, Merritt said.

“This legislation holds teens accountable for engaging in such behavior,” Merritt said. “Our goal is to teach them valuable life lessons without giving them felony records that follow them for life.”

Merritt said SB 224 now moves to the House of Representatives for further consideration.

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