CLEVELAND (RNS) Two Ohio lawmakers want to make sure teens accused of “sexting” — sending sexually explicit photos of themselves via cell phones or the Internet — are not labeled felons and sex offenders.

Companion bills introduced by state Rep. Ron Maag and state Sen. Bob Schuler, both Republicans, would make sending, receiving and viewing electronically transmitted nude pictures of juveniles by juveniles a misdemeanor. The same acts would still be a felony for adults.

At a news conference Monday (April 13), the lawmakers said the bills would clarify Ohio laws and the discussion will educate families about sexting.

They were supported by the parents of a Cincinnati-area teen who committed suicide last year after a nude picture she sent to her boyfriend’s cell phone was spread around school.

“The legislation brings needed balance to Ohio law to hold teenagers accountable for their actions without having to charge them as sexual offenders,” Schuler said.

Sexting cases are gaining national attention because teens in several states have been charged under child pornography laws and could face harsh penalties and be required to register as sex offenders.

Local judges, prosecutors and juvenile advocates have struggled with how to handle these cases — especially when many teens and their parents are unaware it is a crime.

Cuyahoga County, which includes Cleveland, formed an alternative-sentencing plan after several suburban juveniles were charged in sexting cases last year.

Prosecutors, the teens’ lawyers and a judge were uncomfortable with saddling the kids with felonies and making them register as sex offenders, which could jeopardize college and job opportunities.

But they also wanted teens to learn a lesson.

Juvenile Court Judge Thomas O’Malley ordered the teens to survey 200 of their friends and schoolmates and found that the overwhelming majority did not know it was illegal. The teens also underwent a sex assessment by a professional and participated in a sexual education class in order to avoid a conviction.

The idea of having mandatory sex offender registration for any juveniles involved in sexting-type cases is terrible, said Case Western Reserve University assistant professor Carmen Naso.

Judges need discretion in cases of a sexual nature involving juveniles because no two cases are alike, said Naso, who formerly headed the juvenile division of the Cuyahoga County prosecutor’s office.

“The reasons that kids do things of a sexual nature at these ages are so varied that you can’t automatically attach a perverse nature to all of them,” Naso said.

If a new law is passed, juveniles would more likely face probation or be placed in an education program, though a judge could still sentence them to a short stint in a local juvenile facility. But they would not be labeled a sex offender.

The American Civil Liberties Union says sexting charges may violate civil liberties.

The group filed and prevailed in a lawsuit in March in Pennsylvania on behalf of three high school girls who were threatened with child pornography charges over digital photos in which they appear topless or in their underwear.

Juveniles should not be charged with a crime, ACLU Ohio Legal Director Jeffrey Gamso said, and parents and schools can handle the situation through education.

“The laws were designed to protect children from predators, not to punish the kid for being dumb,” he said.