Change In Law Makes 'Sexting' Less Perilous For Wash. Teens

OLYMPIA, WA — If two consenting 15-year-olds share nude photos, are they child pornographers?

Up until this week, the answer under state law was likely yes. But under a bill signed on Wednesday, teens under 17 will in some cases no longer face felony charges — or possibly having to register as sex offenders — for sharing nudes, sometimes called "sexting."

The law aims to separate incidents where teens use explicit images for harm and ones where consenting teens exchange images in what the law calls an "increasingly common" practice. The law keeps punishments for teens who distribute photos of children under 13, and for teens who sell explicit photos.

The law also gives local prosecutors more discretion in how to charge sexting complaints. Rather than file a criminal charge, a prosecutor can decide to divert the case to mediation or another community-based program.

State Rep. Noel Frame, D-Seattle, sponsored the law in response to horror stories of teens who sexted and were later charged as felons. Crosscut told the story of one Central Washington 15-year-old who received a nude picture of a peer via email and was convicted of distributing child porn. The 15-year-old says she never even looked at the image.

Also under the law, a group of social services organizations and the Office of Superintendent of Public Instruction will deliver a set of recommendations by Dec. 1 on how to prevent sexting, and how to educate teens about the dangers.

HB 1742, also called the "responsible teen communications act," was introduced in the Legislature in January. It passed in the Senate 25 to 19 on April 10 after passing in the House 57 to 39 on March 4. Gov. Jay Inslee signed the law on April 24.