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Teens Prosecuted For Racy Photos

An anonymous reader writes with a story on CNet about two teens who were prosecuted under anti-child-porn laws in Florida for having made and emailed racy photos of each other. Both were under 18 years old, so the resulting pictures are clearly illegal; but the teens' intent was not to share the pictures with anyone else. An appeals court majority opinion found that emailing the photos from one of the kids to the other was a careless act that should, it seems, bring down the full weight of the law. A minority opinion argued that the laws were intended to protect children from exploitative adults, not from other children.

7 of 740 comments (clear)

  1. So then... by Anonymous Coward · · Score: 5, Interesting

    Are they going to start prosecuting 17 year olds who have sex with mutual statutory rape?

    1. Re:So then... by mazarin5 · · Score: 5, Interesting

      It happens all the time; often times charges are pressed against just the boy by the girl's spiteful parents. The boy's parents had no recourse because counter-charges were invalid. At some point when I when in high school, Ohio changed the law so that it was impossible to press charges against just one or another. Both kids would be prosecuted for "raping" each other if they were younger than 16. At first I thought the move was absolutely insane, until I realized that it was the only fix for the problem that a politician in Ohio could get away with; it would take a very special kind of jackass to send his own daughter to jail because he didn't like her boyfriend. Fortunately, there's also an exception for age difference, so a 18 year old fucking his 17 year old girlfriend can't get ambushed. It's a more rational setup than I gave it credit for when it affected me.

      --
      Fnord.
    2. Re:So then... by Chmcginn · · Score: 5, Interesting
      So, here's a question... do convictions of sex-related crimes by minors give them sex offender status once they become adults?

      Cause if this 17 year old & 16 year old have to register as sex offenders for the next five years, I would imagine that worse than almost any potential psychological trauma from having your ex-(boy/girl)friend show their friends some nude pictures of you...

      --
      Have you been touched by his noodly appendage?
  2. What if... by flajann · · Score: 5, Interesting
    What if I took a picture of myself when I was 16 and decided to distribute the picture once I became an adult? One cannot argue that it's to "protect me", since I am no longer a "child". The child is no more. Exploiting myself? I'm no longer a child. It's my body; am I not allowed to do with it whatever I want?

    This is just hypothetical, of course, but it does illustrates many issues here. The teen case is similar to this scenario; and perhaps we'll need an actual case to make the laws sane again. Of course, anyone who does this will risk everything.

    But then again, this old song of "protecting the children" is a wash, anyway, made worthless by those who have the power to judge and prosecute, but do not exercise sound judgement.

    And the really sad fact? There are real children who are really being exploited, and these silly laws do nothing to help them. It's all a joke-- a wash, where the guilty goes free and the innocent are punished to make it appear as though the system "works".

    Gotta love the USA.

  3. Re:Think of the children! by Vicissidude · · Score: 5, Interesting

    It isn't malice to lock up these child child-pornographers; its the LAW.

    Bullshit. If these two were 5-year-olds that were NOT having sex, but just taking pictures of themselves, then you would not call the cops in. You'd take the camera away, destroy the film, and tell them not to do that again.

    We are treating these 16-year-olds differently because they ARE old enough to know what they're doing. And since they're old enough to know what they're doing, they can be tried as adults. That alone should be enough to negate the kiddie porn charges for the pictures of themselves.

    Are you proposing that laws should be selectively enforced on an adhoc basis?

    To a certain degree, yes. The cops and judges did their jobs and performed their roles as the system intended. However, the DA is there to make sure that justice is served. The DA is granted the right to select which cases are prosecuted and which are not. The DA should have shut this one down as soon as he heard of it.

  4. Re:Jesus by PopeRatzo · · Score: 5, Interesting

    Parents are notoriously bad at knowing what's their business.


    Thank goodness. I've met enough kids whose parents "mind their own business" and they end up really eff'ed up. Part of being a parent is sticking your nose in your kids' beeswax. It's called "caring".

    I had a policy with my daughter. I let her know when I was "snooping" (such as calling her friends' parents to introduce myself when she was going to spend the night, or stopping by her school to make a pest of myself). Never did anything like that behind her back. And you know what? She was cool with it. I didn't have to sneak around and read her diary or collect the hair from her brushes to check for drug traces (those tests were just coming out then). And she knew that I cared enough to try to protect her, even though we both knew I couldn't protect her from everything.

    I made myself part of my daughter's life (as did her mom, my wife). I also let her know that I loved her more than the oxygen I breathe. Then, I rolled the dice. If she did something stupid, I explained to her why it was stupid, and her mom made sure to talk to her about sex early enough (and believe me, her mom knows sex). Occasionally, when she'd bring a boy home, I'd happen to be cleaning my collection of combat knives or demonstrating my dog's attack training. Now my girl is 18 (for another week or so) and has never been pregnant and there are no visible track marks or bruises. Most of it was luck, but I have never regretted making myself part of her world. It's too easy to just be passive and too absorbed in my own world and then I'd have to leave it up to chance to make sure she makes it to 18 without too much damage. I couldn't live with that, so I did it the way my parents did it, and it turns out they weren't as stupid as I thought. Like the old saying goes, "my parents got smarter as I got older."

    Now that I got that out of the way, some prosecutor needs a stern talking-to for going after two 18 year-olds trading cheesecake photos. He probably never played doctor or got any himself, so now he doesn't know his pecker from his elbow, but he's got the statute memorized. We need to have much smarter people than are currently involved in the justice system for minors. We've got way too many young ones who are having their lives messed up with brushes with the legal system, while a whole bunch of at-risk kids get ignored. "Getting tough" was never the answer and "zero tolerance" is for manufacturing quality control, not dealing young humans.
    --
    You are welcome on my lawn.
  5. Re:Strupod.. by sulfur · · Score: 5, Interesting

    Very true. I never understood why different parts of human body are considered taboo. What is the difference between tits, and, say, legs? In some countries they prohibit women to show they legs (i.e. to wear skirts) on public. Analogy is very relevant, but we consider they laws/morality wrong.