Vermont is now officially my favorite state in the union. This week in "Savage Love" I timidly call on a vague "us" to "reconsider" prosecuting teenagers for "sexting."
A message for concerned parents, outraged school officials, and teen-sex-obsessed prosecutors: We're gonna have to either make it illegal for teenagers to own camsphonescomputers, or we're gonna have to give them drugs to delay the onset of puberty until after they're 18. If we're unable or unwilling to do those things—technology is hard to contain, and delaying puberty could have unwelcome health consequences (although it would have spared Levi Johnston's DNA from the ignominy of mixing with the Palins')—then the intersection of horny teens and newer technologies is going to require us to rethink the simplistic application of laws that criminalize the possession and distribution of sexty (ugh) pictures, particularly in cases where they were created by teenagers, for teenagers.
The Vermont state legislature is way out in front of me. They're not just rethinking the application of laws that criminalize sexting. They're talking about legalizing sexting.
Vermont’s Legislature is considering a bill that, if approved, would make the state one of the first in the nation to grant legal protections to teenagers who send sexually explicit photos and videos to one another with their cell phones.... Time has come, advocates said, to align law, technology and teenagers’ use of it as they begin exploring their sexuality.“They’re doing it,” Chittenden County State’s Attorney T.J. Donovan said. “We don’t want to condone it. We need to educate. But there’s no public interest in labeling them as sex offenders for engaging in a perverted, albeit new, form of courtship.”
Yes, "they're" doing it—those horny, perverted, tech-savvy teenagers are sexting. But they're not the only ones doing it. They're just the only ones getting into trouble for doing it. Adults are indulging in this "perverted, albeit new, form of courtship," without winding up on sex-offender registries. The law has to be changed not just to protect teenagers from malicious, sexphobic prosecution, but to bring it into line with reality. Right now it's perfectly legal in Vermont for a 18-year-old to have sex with his 16-year-old girlfriend—oral sex, anal sex, vaginal sex, ATM, BDSM, CBT, whatever—but they can both go to jail and land on sex-offenders registries for life if his 16-year-old girlfriend sends him a picture of her tits. That's just nuts.
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