Utah- The Utah Sentencing Commission voted yesterday to endorse a proposal to change the state’s pornography distribution laws. This comes as a result of several Davis County teens sending nude pictures to each other on their cell phones. Currently, the laws mandate a felony charge for such behavior.
“What they were doing was either charging them with a felony or charging them with something else unrelated and making a deal with the defense attorney. It was very difficult to do,” says Paul Boyden, Executive Director of the Statewide Association of Prosecutors.
Boyden wrote the proposed changes, which include making it a Class A misdemeanor for a 16 or 17 year old to distribute pornographic material or deal in material harmful to a minor. Those same offenses would become a Class B misdemeanor for anyone under 16 years old. Boyden told the commission there is a clear need for the changes.
“You don’t want them to have a felony arrest on their record, or a felony charge, because that follows them through juvenile court, etc. Most of these kids are never going to be in trouble again. That’s just the way it is in juvenile court, most of them don’t get in trouble again. But you don’t want this following them, even in juvenile court,” says Boyden.
Those 18 and over would still face felony charges if they use cell phones to send nude pictures. Representative Sheryl Allen of Bountiful will sponsor the measure next legislative session.