Patrick A. Trueman: Vermont’s proposed “sexting” remedy would make matters worse

By Patrick A. Trueman
Special Counsel to the Alliance Defense Fund
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OneNewsNow has posted this report quoting me on the problem of “sexting.” The latest on the issue is that the Vermont legislature is considering legalizing sexting for under-18 kids. Think about it: they want to legalize the production of child pornography by children!

Vermont legislators are using a cannon rather than a pistol to solve the problem of sexting. The strongest argument for a change in the law is that kids caught sexting may have to register as sex offenders for life under Vermont law? So why not remove the Vermont requirement to list the kids in the sex registry for sexting rather than decriminalize the act. Something more is involved here. Kids today lack discipline and thus they do as they please. They are steeped in pornography because parents do not use porn-blocking software and thus kids have developed an “anything goes” attitude regarding pornography. Better education, espoused by many, is a good idea but that is just part, a small part, of the solution. Kids involved in sexual relations and photographing or videotaping their sexual activities need to know their actions are wrong and that there are consequences to their actions. Face it; few such sexually active, child porn producing kids will change their actions merely because mommy warns them. Child pornography laws need to be vigorously enforced against them and all producers and distributors of child pornography. The Vermont legislature is on the wrong course. If they legalize child pornography production by teens, they will only succeed in encouraging the practice. Are they afraid to have the laws enforced? Underage teens would not likely be charged as adults but rather dealt with in juvenile courts and will not, thus, spend years in prison. Yet they will, however, suffer for their harmful actions and then others will know to stop the practice. Shouldn’t that be the goal, to stop sexting?

Child pornography production is, after all, a very serious matter. Under federal law, it is punished by “not less than 15 years nor more than 30 years” imprisonment for adults. Mere possession of child porn is even a felony. That represents society’s judgment on the gravity of the matter.

For almost 30 years federal and state laws against child pornography have been stiffened not weakened, as Vermont intends to do. Law enforcement agencies are overwhelmed with the task of stopping it. Untold millions of dollars are spent on their efforts. Yet, Vermont will contribute to the problem.

What are these kids going to be like as adults? If the production of child pornography is fine until their 18th birthday, will they suddenly stop the practice and destroy collected material? Vermont should not pretend that cell phone child porn that is created will be contained. We know that much cell phone child pornography is traded among friends in the schools or to complete strangers and very often ends up on the World Wide Web. From there is gets in the hands of sex abusers and fuels illicit desires and illegal actions. Is that what is bargained for at the time of production by those involved in sexting? Hardly! What of those in the images who want the material returned or destroyed to avoid future embarrassment? They are out of luck. Their pictures may be traded indefinitely and may come back to haunt them. They may be used to blackmail them into doing things they would not do otherwise. Yes, child pornography is a serious matter. Can the Vermont legislature seriously consider legitimizing its creation?