By Kevin Lee

Illinois Statehouse News

SPRINGFIELD  – Illinois lawmakers want teenagers who send salacious or sexually provocative photographs via their cell phones to come before a judge in a courtroom.

But lawmakers don't think these same teenagers should have to go to prison.

The Illinois House on Thursday overwhelmingly passed a "sexting" ban proposal that would impose civil, not criminal, penalties on the practice.

Under the proposal sponsored by state Rep. Darlene Senger, R-Naperville, minors who are found guilty of sexting by computers or cell phones could face in-house counseling and/or community service.

State Rep. David Leitch, R-Peoria, described the proposal as a "slap on the hand" for kids who act out of line.

"They're not supposed to be sending nude photos or provocative photos to each other and trying to embarrass or intimidate each other," he said. "[The proposal] was amended so it wouldn't have very many penalties, but it will serve notice for people not to do it."

State Sen. Tim Bivins, R-Dixon, and a former law enforcement official, said parents should have the primary responsibility when regulating the activities of children.

"Government shouldn't be raising kids, and we kind of overstep our bounds a lot of the time. So there's a fine line that we need to be careful of," he said.

State Rep. Careen Gordon, D-Morris, the lone dissenting vote on the House floor, said the proposal didn't specify what types of photographs would necessitate prosecution.

"(The sent photograph) can be as much as a side of someone's breast in a tank top. It can be a boyfriend-girlfriend situation. So who knows?" she said. "I have the utmost respect for Representative Senger, but this (proposal) is badly written, it's over-broad."

Gordon, a former prosecutor, said other representatives had reservations with the proposal, but still voted for passage.

"It's politically dangerous to vote against something like this. (Someone might ask) 'How can you vote against protecting our children?'" she said. "We can do it better."

Lawmakers have had to grapple with incorporating technology, including cell phones, in their legislative proposals.

Last year, lawmakers controversially banned text messaging on cell phones while driving.

State Rep. Pat Verschoore, D-Rock Island, said lawmakers have had to be alert to constant technological changes when working on new laws.

"You can see how much things have changed in 10 years, you can imagine how they change every year," he said. "I have enough trouble just getting the right numbers (in my cell phone). It's difficult but it's something we have to do to try and protect people."

The proposal to ban sexting now moves to the Illinois Senate.