In
2007, a pair of 13-year-old Pennsylvania girls decided to strip down to
their skivvies to beat the heat. As Marissa Miller talked on the phone
and Grace Kelly flashed a peace sign, a third girl took a candid shot of
the teens in their white bras.
It was harmless, innocent fun, the teens say. But the picture somehow
wound up on classmates' cell phones, and a prosecutor has threatened to
charge Miller and Kelly with child pornography or open lewdness unless
they participate in a five-week after-school program followed by
probation.
On Wednesday, the American Civil Liberties Union asked a federal judge
to block Wyoming County District Attorney George Skumanick Jr. from
filing charges, saying that the teens didn't consent to having the
picture distributed and that the image is not pornography, in any event.
The photos surfaced in October, when officials at Tunkhannock Area High
School confiscated five cell phones and found that boys had been trading
photos of scantily clad, semi-nude or nude teenage girls. The students
with the cell phones ranged in age from 11 to 17.
Called "sexting" when it's done by cell phone, teenagers' habit of
sending sexually suggestive photos of themselves and others to one
another is a nationwide problem that has confounded parents, school
administrators and law enforcement officials.
A hearing on the ACLU's request for a temporary restraining order is
scheduled for Thursday in Scranton.
Skumanick said he would fight the lawsuit. He spewed: Frankly, we
just wanted to protect these kids, and say, 'Doing this is not right.'
We wanted to offer this course to educate them, and make them understand
the long-term ramifications of having photos like this out there.
Under Pennsylvania's child pornography law, it's a felony to possess or
disseminate photos of a minor engaged in sexual activity, lewd
exhibition of the genitals, or nudity that is meant to titillate.
Open lewdness, a misdemeanour, includes any lewd act that is likely to
be observed by others.
Update:
Not prohibited sexual acts,
1st April 2009. See
article
from
business.avn.com
U.S. District Judge James Munley has issued a temporary restraining
order against Wyoming County District Attorney George Skumanick Jr. to
prevent him from filing child porn charges against three girls who "sexted"
sexy photos of themselves to friends.
The Plaintiffs make a reasonable argument that the images presented
to the court do not appear to qualify in any way as depictions of
prohibited sexual acts, Munley wrote in an Order issued earlier
today: Even if they were such depictions, the plaintiffs' argument
that [they] were not involved in disseminating the images is also a
reasonable one.
At a hearing, Judge Munley questioned the basis for Skumanick's threat:
It seems like the children seemed to be the victims and the
perpetrators here, the judge remarked to A. James Hailstone,
Skumanick's lawyer: How does that make sense?
Hailstone sidestepped the contradiction, responding that state law
doesn’t distinguish between who took the picture and who was in it.
A further hearing on the case will be held June 2.
14-year-old charged with child porn for
posting nude pictures of herself
Thanks to David. See
article
from
wwltv.com
A
14-year-old New Jersey girl has been accused of child pornography after
posting nearly 30 explicit nude pictures of herself on MySpace.com --
charges that could force her to register as a sex offender if convicted.
The National Center for Missing and Exploited Children tipped off a
state task force, which alerted the Passaic County Sheriff's Office. The
office investigated for a month and discovered the Clifton resident had
posted the very explicit photos of herself, sheriff's spokesman
Bill Maer said Thursday.
It is not a crime to view the photos, Maer said, but it is illegal to
download them. Authorities are looking at additional arrests but have no
plans to charge people who accidentally viewed the photographs, such as
any of friends who have access to the girl's profile.
The teen, whose name has not been released because of her age, was
arrested and charged with possession of child pornography and
distribution of child pornography. She was released to her mother's
custody. If convicted of the distribution charge, the girl would be
forced to register with the state as a sex offender under Megan's Law,
said state Attorney General Anne Milgram.
Maureen Kanka -- whose daughter, Megan, became the law's namesake
blasted authorities for charging the 14-year-old girl. The teen needs
help, not legal trouble, she said. This shouldn't fall under Megan's
Law in any way, shape or form. She should have an intervention and
counseling, because the only person she exploited was herself. The
teens are making poor choices by posting nude images but aren't
pedophiles, she said.