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Court Says Parents Can Block PA "Sexting" Prosecutions

mikesd81 writes "In the first federal appeals court opinion dealing with 'sexting,' a three-judge panel of the United States Court of Appeals for the Third Circuit ruled Wednesday that parents could block the prosecution of their children on child pornography charges for appearing in photographs found on some classmates' cellphones. Miller vs. Mitchell (PDF) began in 2008 when school officials in Tunkhannock, Pa., discovered seminude and nude photographs of some female students on other student's phones. George Skumanick Jr., the DA at the time, said the students and their parents could be prosecuted if they did not participate in an after-school 'education program.' The unanimous ruling of the judges, Thomas L. Ambro, Michael A. Chagares and Walter K. Stapleton, criticized the district attorney's reliance on the girls' presence in the photographs as a basis for the potential charges. 'Appearing in a photograph provides no evidence as to whether that person possessed or transmitted the photo,' said the opinion, by Judge Ambro."

16 of 383 comments (clear)

  1. Re:Insanity by Lunix+Nutcase · · Score: 5, Funny

    When I was a teen we sent back and forth nude pictures of ourself with my girlfriend,

    So she really got around, eh?

  2. Re:Insanity by bmecoli · · Score: 5, Funny

    Hell, we even had sex like every other teenager does.

    I never had sex as a teen, you insensitive clod!

  3. Re:Insanity by Anonymous Coward · · Score: 5, Funny

    He said "every other teenager", not "every teenager".

  4. Re:Insanity by commodore64_love · · Score: 4, Funny

    Well sure.

    It wastes water. Didn't you watch Dune?

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  5. Re:Insanity by spidercoz · · Score: 2, Funny

    you could probably write a script to do that for you

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - Evelyn Beatrice Hall, re Voltaire
  6. Re:Insanity by Cro+Magnon · · Score: 5, Funny

    And yet, they tell us to be fruitful and multiply. I didn't realize they were talking about diet and math.

    --
    Slow down, cowboy! It has been 4 hours since you last posted. You must wait another few hours.
  7. Re:Insanity by Jason+Levine · · Score: 5, Funny

    My parents still interfere. However, their interference has evolved into "so when are you going to have another child?" To which I respond "Two kids is enough! That's all we're having!"

    Of course, back in college, my father's idea of "interfering" with my sex life was walking with me on campus eyeing the women (and by eyeing I mean turning his head so fast I worried he'd get whiplash) and telling me I should walk up to them and ask them to sleep with me. My response then was "If they said yes to a random guy walking up to them asking for sex, then I sure as hell *DON'T* want to sleep with them!!!"

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  8. Re:Insanity by AlexBirch · · Score: 2, Funny

    Christianity, like the other desert superstitions, seeks to control and ration sex

    Oh, I thought marriage was designed to ration sex...

  9. Re:Stupid question time by Anonymous+Struct · · Score: 2, Funny

    It ought to be illegal to even SEE nude pictures of underage children. Everybody involved should be in jail! If we don't keep the children safe, how will they ever grow up to enjoy the dystopic world we're building for them by keeping them safe?

  10. Re:adu;lt oly sells of condoms by russotto · · Score: 2, Funny

    What, you mean the Texas board of education hasn't already required condom buyers to prove their 18?

    You can get condoms in Texas at any age provided you explain they're for keeping dust out of your rifle barrel. You've got to fast-talk them about metallurgical nonsense to get the ones with spermicide, though.

  11. Re:Insanity by idontgno · · Score: 4, Funny

    Martial punishment when young,

    Did you mean corporal punishment, or do you really kung-fu roundhouse kick your kids, a la Chuck Norris?

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  12. Re:Insanity by idontgno · · Score: 2, Funny

    So the best way to keep your child away from teenage pregnancy is
    1) support your child if it starts to show interest in some hobby, get it interested, keep it occupied with something it has fun doing.

    Oh. That explains why Mom and Dad supported my teen-age computer nerdery. From the perspective of keeping me from getting laid too young, it certainly worked.

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  13. Re:Insanity by Bakkster · · Score: 3, Funny

    Nope, martial as in martial law. I call in the army and use sandbags and razor wire to prevent them from leaving the house.

    Yes, corporal punishment ;)

    --
    Write your representatives! Repeal the 2nd Law of Thermodynamics!
  14. Re:Insanity by Lunix+Nutcase · · Score: 2, Funny

    Yes, we do. Your friends and a ton of other people were taking shots of themselves with your naked girlfriend. That's what? Sloppy hundredths?

  15. So beatings and forced sodomy in the barracks?! by FatSean · · Score: 2, Funny

    Sorry, the homo-eroticism of military life is not the way I want to raise my son.

    --
    Blar.
  16. Re:Insanity by Ihmhi · · Score: 2, Funny

    So you're saying he's one of the odd ones? It all makes sense now.