17-Year-Old Convicted of Felony Child Pornography

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

 

 

 

 

 

Virginia Legislator Aims to Protect Teens from Child Pornography Charges

The Virginia Senate has passed a bill that would reduce charges for teens facing criminal charges for “sexting”. The bill’s sponsor, Virginia Senator Scott Surovell, acknowledges that exchanging explicit photos is a common practice among high school students and says, “We don’t want to make every kid in the school a felon.”

Unfortunately, it appears that Surovell, who started out with the right idea, is comfortable making every kid in the school (or, at least, the significant percentage who admit to exchanging sexually explicit photos) a criminal, so long as that crime is a misdemeanor.

The bill is a step in the right direction, but it doesn’t decriminalize sexting between similar-age teens. It only allows the prosecutor the option of charging teen defendants with a misdemeanor instead of a felony. Teens “sexting” with other teens could still face felony charges, and could still be required to register as sex offenders.

Teens Could Avoid Felony Charges for “Sexting”: Senate Passes Bill

14-Year Old Girl Charged with Felony Distribution of Child Pornography

The Minnesota teen sent a revealing selfie to her boyfriend, but then had second thoughts. Concerned that he was sharing the photo with other classmates, she went to a school counselor for help.

The girl’s concerns were well founded. The boy had shared the photo, which she’d sent through Snapchat, with other teens. She didn’t get the help she was looking for, though. Instead , she ended up facing a felony criminal charge that could derail her life. The Rice County, Minnesota prosecutor charged the girl with felony distribution of child pornography. Even a plea to a lesser charge could put the girl on the Minnesota sex offender registry for ten years.

This case adds a new layer to the insanity of placing teenagers on the sex offender registry for years–or even for life–as a result of consensual sexual activity. In this case, and others like it, the child allegedly being victimized through the creation and distribution of the image is the girl herself. The law that was written to protect children and young teens from predators has itself become a significant threat to them.

Various studies have shown that more than 10% of high school-aged kids admit to having sent or received nude photos, and that about 30% of young adults now admit that they sent such photos in high school.  Thus, the chances of a teenager falling victim to this misguided application of child pornography laws is much greater than the risk that the same teen might fall victim to an actual predator.

Minnesota Prosecutor Charges Sexting Teen Girl with Child Pornography