CHARLESTON -- A bill that makes it illegal to send obscene, harassing or threatening communication with a cell phone or other mobile device won approval from the Senate Judiciary Committee on Wednesday.

Several senators on the committee said the bill (HB 4207) is an attempt to catch up the state code with advancements in cell phone technology.

State law addresses harassment crimes using computers, but does not include language regarding cell phones and other mobile gadgets.

Under the bill, people would face charges if they send text messages, photos or videos on mobile devices with the intent of harassing or abusing another person.

Penalties would range from a misdemeanor and up to a $500 fine for the first offense to a felony and up to a $5,000 fine for three or more offenses.

Supporters say the bill is meant to protect children who are targets of cyberbullying. The American Civil Liberties Union, however, has expressed concerns about the legislation, saying its broad provisions could extend to bloggers or people who post anonymous comments on news Web sites.

Sen. Evan Jenkins, D-Cabell, asked whether the bill includes "sexting," or the act of sending obscene or sexually provocative photos, videos or text messages to one another. Jenkins noted recent meetings at Huntington High School to address the issue.

"It's a very serious problem and, tragically, it's gaining in popularity among our youths," he said.

A staff attorney told Jenkins the inclusion of sexting in the bill depends on whether the act is welcomed or discouraged by the recipient of the content.

The bill's next stop is the Senate Finance Committee. The Legislature's 60-day session ends at midnight Saturday.

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