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Bryan Ault

Nude messages leave permanent prints

By Bryan Ault, January 19, 2010

INDIANAPOLIS- An Indiana lawmaker wants to lighten the penalty for sending text messages containing nude images.

“Kids make mistakes,” said Senate Bill 224’s sponsor, Sen. Jim Merritt, R-Indianapolis.  “I think these are teaching moments.”

Because legislators noted what they called several vague terms in the bill, it will head to a sub-committee hearing next week.

Current Indiana law says minors will be charged with a Class C or D felony, or not charged at all, for texting nude pictures. Senate Bill 224 would require a judge to charge the minor as a delinquent.

“We’re trying to look for some middle ground,” Mario Massillamany, a prosecutor, said.  “People charged with a felony have to live under that for the rest of their lives.  We want them to get help.”

Massillamany added, “That felony shows up on job applications for the rest of their lives.”

After being charged as a delinquent, the person would be sent to get help rather than being sent to prison.

If it becomes law, the bill would take effect on July 1.

The bill was sent to a sub-committee to hammer out some of the bill’s terms, such as what constitutes “nudity,” where delinquents would get help, why it takes 10 instances or messages to be charged and why age 13 is the targeted age group.  Another issue raised by the committee is whether or not a person who simply receives—not views—a text message containing nude images is in violation of the law.


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