RICHMOND — The Virginia State Crime Commission on Tuesday heard options for making “sexting” a crime but refused to recommend legislation, calling the issue a “minefield.”
Currently, it’s up to commonwealth’s attorneys whether to charge those who send explicit pictures through text messages — usually teens or young adults — with possessing or transmitting child pornography.
Commission staff offered three options Tuesday: Leave the law as it is, make sexting a misdemeanor, or exempt juvenile sexting from child pornography charges.
Most commission members said the issue was best left to the state’s 120 elected prosecutors.
While the commission is made up of several legislators, it only studies and recommends legislation. Lawmakers still could propose legislation making sexting a separate crime.