By Kevin Boneske
Staff Writer
ASHWAUBENON – An ordinance that would prohibit minors from transmitting, possessing or soliciting obscene or sexually explicit electronic messages, also known as sexting, was backed Tuesday, Aug. 13, by the village’s Public Works and Protection Committee.
Village Attorney Tony Wachewicz said the proposed ordinance originated from the Department of Public Safety with some discussions from Investigator Robert Messer and the school resource officers (SROs) to have an additional enforcement tool or punishment for offenses related to sexting.
Wachewicz said the measure could be used for “something that doesn’t necessary fall under the more strict criminal offenses under state statute.”
“This is a local ordinance violation that would be more geared for less serious type of offenses in schools and something that the SROs or investigators can use in appropriate circumstances, so that there can still be some sort of a punishment to juveniles as a result of these types of offenses, but something that’s also not as serious as a criminal type of offense,” he said.
Wachewicz said the Department of Public Safety, which supports the proposed ordinance, would have the discretion to issue citations in certain situations.
The proposed ordinance would prohibit:
• Using any device capable of electronic data transmission or distribution to transmit or distribute to another minor any image, recording, text, correspondence, message or other substantially similar form of communication, of any person that depicts nudity and is harmful to minors.
• Possessing any image, recording, text, correspondence, message or other substantially similar form of communication that was transmitted or distributed by another minor that depicts nudity and is harmful to minors.
• Soliciting the transmission or distribution of any image, recording, text, message or other substantially similar form of communication from another minor that would itself be prohibited under this section.
Exceptions to being cited for violating the measure would include a minor not soliciting the photograph or video; taking reasonable steps to report the photograph or video to a school or law enforcement official; and not transmitting or distributing the photo or video to a third party other than a school or law enforcement official.
The proposed ordinance is being forwarded to the village board for final approval at its Aug. 27 meeting.