DENVER – Deeply conflicted by legislation that would have cracked down on “sexting” between minors, state lawmakers on Tuesday failed to advance the effort.
How one viewed the measure was a matter of perspective.
Some thought of it as a way to protect children from lifelong criminal records as a result of a poor decision. Others saw it as a way to curb the controversial practice, which can at times leave long-lasting scars.
The bill failed to advance out of the House Public Health Care and Human Services Committee on a 7-6 party-line vote, with Democrats voting against the measure, despite it being co-sponsored by a fellow Democrat, Rep. Rhonda Fields of Aurora.
Oddly, however, in a subsequent procedural vote, lawmakers did not vote to permanently kill the bill, which means it could be revived later in the session.
“Our criminal code has not caught up with technology. Right now in the state of Colorado, if a teen is engaged in sexting, the tool that DAs have is a Class 3 felony,” Fields said, at times pleading with the committee to advance the bill. “This bill is about public policy, this bill is about balancing the scales of justice.”
In some cases, a teen convicted in a sexting case could be required to register as a sex offender, which would follow them through life.
In an effort to ease concerns, bill sponsors agreed to an amendment that mandated petty violations in most cases, followed by the possibility of a misdemeanor charge or felony charge in rare circumstances, if the act was egregious.
Most instances, however, would have resulted in counseling and education for those found guilty.
One thing all lawmakers agreed upon is that sexting is an issue. With about 400,000 students in Colorado of texting age, it’s been estimated that as many as 40 percent of them have engaged in sexting, equating to about 160,000 teens.
A “sext” is usually a nude or sexy photo texted between two people. Sometimes, those messages are consensual, in which partners share an intimate moment with one another. Other times, however, it can be coerced or shared publicly.
Durango School District 9-R has not experienced significant problems.
“Sexting has not been a really high issue. Some of our bigger issues are around cyber-bullying and impersonation,” said Julie Popp, spokeswoman for Durango schools.
She said the district has had to take action and involve law enforcement around student social media pages for bullying and threats. Sexting, however, has not come up criminally.
Cañon City High School made national headlines last year when it was learned that students exchanged hundreds of naked photos, though charges were never filed. The incident became a rallying point for enacting legislation.
What lawmakers struggled with was whether the practice is frowned upon in younger circles.
“We’re legislating on something that we think is kind of icky, and I think we don’t understand what the world looks like for these kids ...” said Rep. Max Tyler, D-Lakewood. “I’ve been talking to a lot of people who are young enough to be in the middle of this, and the attitude I get back is ‘no big deal.’”
During an earlier hearing on the measure, researchers testified that 90 percent of sexting cases between kids are consensual and turn out fine. But for 10 percent, it can lead to emotional pain and embarrassment.
“These images are forever,” said Rep. Kathleen Conti, R-Littleton. “They’re out there and they could literally destroy their lives.”
pmarcus@durangoherald.com
