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"Once they have the option of lesser penalties," Hasinoff writes, "prosecutors are more likely to press charges—not only against teenagers who distribute private images without permission, but also against those who sext consensually." In fact, more prosecution is the avowed goal of some legislators who sponsor sexting-specific bills….While about two dozen states have passed laws addressing this issue, the typical approach is to create a new misdemeanor offense for minors whose sexting violates the letter of bans on child pornography without victimizing anyone.Its sponsors are pitching this as a step against overcriminalization, since the state would no longer have to prosecute minors—or anyone ages 18 to 20—with possession of child porn when they consensually exchange explicit pics with their peers. It was inspired by a case in Hill's district in which a young man killed himself after being arrested for sexting."The sponsors of the bill hope to give young people involved in situations like this a second chance with a diversion program, rather than having them permanently labeled as felons and sex offenders," Klaber says.

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