A new survey that found one in five kids have sent sexually explicit photos to other kids. It has become a disturbing trend and police who find kids that have done that are charging them with creating and distributing child pornography. This is yet another reason to repeal the Adam Walsh Act laws, as they were very poorly conceived and do much more damage to families than they can possibly benefit our society.
wpxi.com : High Schoolers Accused Of Sending Naked Pictures To Each Other.
GREENSBURG, Pa. -- Three teenage girls who allegedly sent nude or semi-nude cell phone pictures of themselves, and three male classmates in a Greensburg Salem High School who received them, are charged with child pornography.
Police said the girls are 14 or 15, and the boys charged with receiving the photos are 16 or 17. None are being identified because most criminal cases in Pennsylvania juvenile courts are not public.
"It was a self portrait taken of a juvenile female taking pictures of her body, nude," said Capt. George Seranko of the Greensburg Police Department. Police said school officials learned of the photos in October. That's when a student was seen using a cell phone during school hours, which violates school rules. The phone was seized, and the photos were found on it, police said. When police investigated, other phones with more pictures were seized.
Police said the girls are being charged with manufacturing, disseminating or possessing child pornography while the boys face charges of possession.
news.cnet.com : Police blotter: Teens prosecuted for racy photos.
What: Teenagers taking risque photos of themselves are prosecuted for violating child pornography laws.
When: Florida state appeals court rules on January 19.
Outcome: A 2-1 majority upholds conviction on grounds the girl produced a photograph featuring the sexual conduct of a child.
Technically, those images constitute child pornography. That's what 16-year-old Amber and 17-year-old Jeremy, her boyfriend, both residents of the Tallahassee, Fla., area, learned firsthand. (Court documents include only their initials, A.H. and J.G.W., so we're using these pseudonyms to make this story a little easier to read.)
On March 25, 2004, Amber and Jeremy took digital photos of themselves naked and engaged in unspecified "sexual behavior." The two sent the photos from a computer at Amber's house to Jeremy's personal e-mail address. Neither teen showed the photographs to anyone else.
Court records don't say exactly what happened next--perhaps the parents wanted to end the relationship and raised the alarm--but somehow Florida police learned about the photos.
Amber and Jeremy were arrested. Each was charged with producing, directing or promoting a photograph featuring the sexual conduct of a child. Based on the contents of his e-mail account, Jeremy was charged with an extra count of possession of child pornography.
newarkadvocate.com (Ohio) : Newark Teen Girl Charged with Child Pornography.
NEWARK -- A 15-year-old girl is accused of distributing nude photos of herself to other minors, and one state legislator is questioning whether she should be labeled a sex offender.
The Licking Valley High School student was arrested Friday after school officials discovered the materials and brought in the school's resource officer for a police investigation.
After spending the weekend incarcerated, she pleaded deny Monday to both charges: illegal use of a minor in nudity-oriented material, a second-degree felony; and possession of criminal tools, a fifth-degree felony.
The child pornography charge for a convicted adult requires a Tier II sexual offender classification, but for a juvenile of this defendant's age, the judge has flexibility, said Jennifer Brindisi, a spokeswoman for the Ohio Bureau of Criminal Identification and Investigation.
State Rep. Jay Hottinger, R-Newark, wrote the state's Megan's Law bill, the predecessor of the Adam Walsh Act, and said this case was not something the legislature envisioned.
"Clearly it was in an illegal act," he said Tuesday. "Clearly it was an unacceptable act, and there needs to be consequences from that, but we need to make sure the punishment is a reasonable punishment."
Licking County Assistant Prosecutor Erin Welch said Monday the investigation into the incident remains open, including exploring whether charges will be filed against the minors who received the photos.
If the prosecutor's office elects to bring those teens into court, they could be facing a different section of the same charge pending against the sender of the pictures and classification as sex offenders, as well.
According to Ohio law, 2907.323(A)(3) states anyone possessing material that shows a minor in a state of nudity is guilty of a fifth-degree felony. The violation also might qualify the juvenile as a Tier I sexual offender, which requires annual registration for a decade.
Brindisi said the Adam Walsh Act reduces much of the discretion allotted to judges in Megan's Law and transformed sex-offender classification to an offense-based system.
"It's pretty black and white," she said.