Legislation aimed at “sexting” will be considered by the General Assembly for the second straight year.
Rep. Martha Jane King, D-Lewisburg, introduced House Bill 126 this month, which would amend state law to reduce the penalty for minors convicted of sexting.
The bill would modify an existing law pertaining to what is officially known as video voyeurism, making it illegal for sexually explicit images of one’s self or others taken without their consent to be recorded on a computer or cell phone and transmitted.
As it stands, video voyeurism is a Class D felony and distribution of matter portraying a sexual performance by a minor is a Class D felony for the first offense and a Class C felony for subsequent offenses. In addition to time in prison, violators convicted of those offenses also are frequently ordered to register as sex offenders.
King’s bill calls for lesser penalties for first-time juvenile offenders.
“What this law does is deal with the situation adequately in our eyes,” said King, who last year sponsored similar legislation, which died in committee. “We’re dealing with the fact that young people don’t realize the significance of this, so we want to take the harsh penalty of young people having to register as a sex offender and instead make a tool for adult supervisors to deal with it.”
The punishment for a first-time juvenile offender convicted of voyeurism, video voyeurism and distribution of matter portraying a sexual performance by a minor would be a fine and community service.
King said she is aware of how the transmission of nude photos over a cell phone can be used as a bullying tactic, and wants to give adult guardians and teachers a way to deal with the issue without the threat of a felony conviction for the offender or lessening the impact of the law on adults or repeat offenders.
“With the penalties being harsh out there, I think a lot of adult supervisors and educators are hesitant to try to deal with the issue,” King said. “We’re dealing with the fact that kids are growing up with the technology in their hands and they think it’s not a big deal.”
Deputy Mike Waldrop of the Warren County Sheriff’s Office is a school resource officer assigned to Warren East High School.
While no one has complained this school year about sexting, Waldrop said it is important to be aware.
“I’m not so naive that (I think) it doesn’t happen,” Waldrop said. “We try to keep all four county school resource officers in an open dialogue and be aware that this may happen, though we have not had anything official investigated.”
Kentucky’s is not the only legislature that has contended with a sexting bill.
According to the National Conference of State Legislatures, legislation regarding sexting was introduced in 16 states last year, and laws were adopted in Arizona, California, Connecticut, Illinois, Louisiana and Rhode Island.
Warren County Attorney Amy Milliken, whose office prosecutes cases involving juvenile offenders, supports King’s measure, saying it allows for an opportunity to educate the offender without imposing a harsh punishment.
“With the current punishment, I don’t think the juvenile has any concept of what it can do to their future when they’re doing this,” Milliken said of sexting. “This allows for a mechanism to make them understand that what they did was wrong and should not occur, but at the same time doesn’t punish them for the rest of their life for a stupid action.”

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