Just in case you thought we’d maxed out on the insanity surrounding teen criminal charges and sex offender registration stemming from consensual sexual activity, this Washington case introduces a couple of new twists.
The defendant, who was also the sole victim, was a 17-year-old male with Asperger’s syndrome. (For those unfamiliar with the condition, Asperger’s is on the autism spectrum, and is characterized in part by an inability to read social cues and discern appropriate behavior.)
His crime was sending a photograph of his penis to an adult woman–an act that would not have been a registry offense if he’d been 18.
The Washington State Supreme Court upheld the conviction, relying in part on the reasoning that the legislature could have excluded teens if it so chose. (But…hey…Justices…about that “the perpetrator is also the victim” issue…?)
There may be a moment of sanity coming, though. The Washington legislature seems to have taken the court’s argument to heart, and is at work to craft a solution that would protect teens–at least, to a degree. The state Senate approved a bill that would exempt teens who share explicit photos of themselves or others from the felony child pornography law. Under some circumstances, those sharing photos could still be charged with a misdemeanor.
The bill is awaiting a vote in the House.
Olympia Takes on Sexting by Kids