HB 2189 - Defining the Offense of Sexting - Pennsylvania Key Vote

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Title: Defining the Offense of Sexting

Vote Smart's Synopsis:

Vote to pass a bill regarding the act of sexting by minors.

Highlights:

-Establishes that an individual commits a misdemeanor of the second degree if (Sec. 2):

    -The individual is a minor and knowingly transmits a visual depiction of himself or herself engaging in sexually explicit conduct; -The individual is a minor and knowingly photographs, videotapes, depicts on a computer or films a minor engaging in sexually explicit conduct; and -The individual is a minor and intentionally views or knowingly possesses a visual depiction that depicts a minor engaging in sexually explicit conduct.
-Specifies that if an individual is accused of committing a sexting offense, consideration shall be given to adjudication alternatives (Sec. 2). -Specifies that if charges are brought against a minor, all documents filed must be captioned and docketed using only the minor's initials (Sec. 2). -Specifies that for an individual who fulfills the conditions of a diversionary alternative, the record, including fingerprints and photographs shall be expunged (Sec. 2). -Specifies that a minor alleged to be a delinquent solely on the basis of a sexting offense may not be detained in a secure facility (Sec. 2). -Establishes that misdemeanor offenses under this subsection shall not be a criminal offense of record, reportable as a criminal act, and shall not be placed on the criminal record of the offender (Sec. 2).

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