Worried that the law sometimes imposes too big a penalty on teens who engage in consensual sexual activity, some legislators are pushing to reduce the consequences.
More than 20 years ago, when Russell Foster was 19 and his girlfriend Amber was 15, Montana’s laws tore them apart, sending Russell to prison for four years for having sex with a minor.
Their story mostly has a happy ending. They reunited when Russell got out of prison. They’re married now, with four kids, and living in Glasgow, Montana. And last month, Montana Gov. Steve Bullock, a Democrat, granted Russell clemency. But there have been struggles, too. Russell’s record has made it hard for him to find work, and being a registered sex offender has limited where the family can live.
Hoping to spare other young couples severe consequences like those, the Fosters pushed for a bill the Montana Legislature passed last month that would reduce the penalties for teens caught engaging in consensual sexual activity. The measure also would expand the age range covered by the state’s existing Romeo and Juliet law. Named for Shakespeare’s young lovers, the laws vary from state to state but typically provide legal protections or reduced penalties for teens close in age who engage in sexual activity.
Other states also are considering reducing the penalties for teens convicted of crimes associated with sexual activity. Last year, Kansas enacted a law that gives prosecutors the option of charging minors with a misdemeanor, rather than a felony, for exchanging lewd photos in text messages. Connecticut is considering a similar bill this year, and the New York Legislature is considering a bill that would give teens a pass for consensual sexting. And Nevada is considering a bill that would give judges discretion over whether children convicted of sex crimes need to register as a sex offender.
Tough penalties for teens convicted of illegal sexual behavior were often written into statute over the past 20 years as part of broader efforts by state legislatures to protect children from predators, following federal laws that called for better tracking of sexual offenders.
But more recently, steep penalties for sexual contact between teens have made some prosecutors reluctant to bring charges, said Tom Raynes, executive director of the Colorado District Attorneys’ Council. ..Continued.. by Rebecca Beitsch
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