Add Oklahoma to the list of states reviewing child pornography laws and considering possible changes to take into account the surge in "sexting" among teens. Like others across the country, some Oklahoma legislators agree that 10 or more years in prison is excessive when the individuals involved are in a consensual relationship, even if one or both happens to be a teenager.

Sexting is generally defined as the production and transmission of sexually explicit images or videos using cellphones. By some estimates, as many as 1 in 5 teens has taken and distributed a nude photo.

The phenomenon is driven in large part by the tremendous popularity of cellphones among teens and the fact that virtually every cellphone is equipped with a camera. Add in hormones and peer pressure, and it's not terribly surprising that so many teens are clicking and distributing photos of themselves or friends.

Oklahoma's existing child pornography law (21 O.S. 2001, Section 1040.13a), imposes stiff penalties on anyone who creates and distributes an image of a minor -- up to 10 years in prison and/or a fine of $10,000 for each image. As it is currently written, the statute would apply to a minor who takes a photo of himself or herself and sends it to someone else.

Legislation currently pending before the Oklahoma legislature would change the existing statute by adding a new section to specifically address sexting by minors. Under the new law's provisions, it would be a misdemeanor for individuals in a consensual relationship, even if one or both are minors (but above the age of 14), to send "a text message that has sexual content, that includes nude, seminude, or erotic images or video or both the text messages containing sexual content and nude, seminude, or erotic images or video."

The new law would not let sexters completely off the hook in terms of punishment. Violators face the possibility of up to six (6) months in jail for a first offense, a year for a second conviction, and eighteen months for a third. Potential fines start at $500 and go to $2,000. However, the proposed law specifically states that individuals convicted of sexting are not required to register as sex offenders.

The proposal is a definitely step in the right direction, but it still has some drawbacks. A six-month jail sentence still seems excessive given the nature of the offense. While sexting is a serious issue, the long-term consequences of a jail sentence for the average teen still far outweigh the actual offense.

Moreover, the law does not put enough emphasis on eduction. There's no discretion, for instance, for state prosecutors to divert children who sext into an education or training program about online risks, as opposed to initiating a prosecution. (Of course, prosecutors always have discretion about whether to file charges in the first place, but the lack of an intermediate alternative to prosecution means that too many sexting charges will be filed, or too few.)

Legislatures should alter their child pornography laws to take into account the fact that kids themselves may be creating such content, without realizing the legal consquences of what they're doing. But a reduced penalty is only part of the answer; legislatures should also take steps to provide sexting teens with the education of the risks and consequences as well.