Video available here. Transcript here.
The debate between Donna Rice Hughes (internet safety expert) and a Vermont State Legislator brought out the issue of prosecutorial discretion. Definitely an issue worth discussing however one that does put prosecutors in a tough situation, especially those who know they will be up for re-election. No prosecutor wants to be known as being so heavy handed that they are willing to turn 20% of teens into felons, but conversely in cases such as Jessie Logan's (Ohio girl who committed suicide after sexting lead to intense cyber-bullying), prosecutors look dispassionate if they don't prosecute. However when the law only provides an all (felony and potential lifetime placement on the Sex Offender list) or nothing choice for prosecutors, they've been forced into a very tough position.
For further discussion of Vermont's new law, which includes higher penalties for sexting committed through force, coercion or other pressures, click here. (More here.) Vermont State Senator Richard Sears (D-Bennington) did a good job of summing up many legislators' sentiments on the matter:
"We felt that it's poor behavior and it's not something we want to give our
OK to, but at the same time, do we want a kid in jail? Do we want them tagged as
a sex offender for the rest of their lives? And the answer is no."