Jim K Global Moderator Posted September 4, 2015 Global Moderator Share Posted September 4, 2015 2 North Carolina teens hit with child porn charges after consensual sexting Later this month, a North Carolina high school student will appear in a state court and face five child pornography-related charges for engaging in consensual sexting with his girlfriend. What’s strange is that of the five charges he faces, four of them are for taking and possessing nude photos of himself on his own phone—the final charge is for possessing one nude photo his girlfriend took for him. There is no evidence of coercion or further distribution of the images anywhere beyond the two teenagers’ phones. Similarly, the young woman was originally charged with two counts of sexual exploitation of a minor—but was listed on her warrant for arrest as both perpetrator and victim. The case illustrates a bizarre legal quandry that has resulted in state law being far behind technology and unable to distinguish between predatory child pornography and innocent (if ill-advised) behavior of teenagers. "You must keep in mind that juvenile court jurisdiction in North Carolina ends at age 16, so 16- and 17-year-olds, as in the Fayetteville case, will automatically be charged in adult criminal court with no option for adjudication in delinquency court," Tamar Birckhead, a law professor at the University of North Carolina, told Ars. "Another irony here is that these two teens could have legally had sex with each other in North Carolina, yet they are charged with felonies for texting sexually explicit photos of themselves to each other." A Lot More at Ars Technica /sigh. This is where the parents need to give them a swift kick in the butt ... not have their future lives ruined due to some immature teenager behavior. DConnell 1 Share Link to comment Share on other sites More sharing options...
LaP Posted September 4, 2015 Share Posted September 4, 2015 (edited) "Another irony here is that these two teens could have legally had sex with each other in North Carolina, yet they are charged with felonies for texting sexually explicit photos of themselves to each other." There's definitely a problem with the law here. BTW I've not read the whole thing but how did the police found out if they did not distribute the pictures to anybody? Distributing the pictures should be illegal but exchanging it privately should not as long as those are pictures of yourself and you're not exchanging them with an adult or someone significantly older than you. Basically if you can legally have sex with someone you should be able to legally privately exchange pictures of yourself with this person (as long as there's no coercion and no further distribution involved of course). [edit] oh and BTW i don't see what's immature here. If there was no coercion and no distribution the law is totally 100% wrong. Lot of people born in the 70ies and 80ies played "doctor" when they were young it was not any different than that imo. Edited September 4, 2015 by LaP statm1 1 Share Link to comment Share on other sites More sharing options...
Jim K Global Moderator Posted September 4, 2015 Author Global Moderator Share Posted September 4, 2015 "Another irony here is that these two teens could have legally had sex with each other in North Carolina, yet they are charged with felonies for texting sexually explicit photos of themselves to each other." There's definitely a problem with the law here. BTW I've not read the whole thing but how did the police found out if they did not distribute the pictures to anybody? It doesn't say anything else about except that one line "There is no evidence of coercion or further distribution of the images anywhere beyond the two teenagers’ phones" Link to comment Share on other sites More sharing options...
Dadwen Posted September 4, 2015 Share Posted September 4, 2015 Seen that story the other day, they can legally have sex but not send naked pictures of themselves to each other legally.. Ya that kinda of blew my brains logic fuse. LaP and Jim K 2 Share Link to comment Share on other sites More sharing options...
LaP Posted September 4, 2015 Share Posted September 4, 2015 It doesn't say anything else about except that one line "There is no evidence of coercion or further distribution of the images anywhere beyond the two teenagers’ phones" I personally think it's very important. If there was no coercion and further distribution then it's a private family matter. I sure do hope it's not a case of an automatic scanning of private content by a service or isp but a case of parents finding out and calling the police. FunkyMike 1 Share Link to comment Share on other sites More sharing options...
Mockingbird Posted September 4, 2015 Share Posted September 4, 2015 Seriously? Does the court have absolutely nothing better to do? Link to comment Share on other sites More sharing options...
MikeChipshop Member Posted September 4, 2015 Member Share Posted September 4, 2015 Seriously? Does the court have absolutely nothing better to do? Apparently not Mockingbird 1 Share Link to comment Share on other sites More sharing options...
Noir Angel Posted September 4, 2015 Share Posted September 4, 2015 Criminalising consensual youth indiscretion. Gotta say I long for the days when police money was spent going after real criminals, instead of this puritanical push to stop teenagers enjoying consensual sexual activity. Link to comment Share on other sites More sharing options...
+JHBrown Subscriber¹ Posted September 4, 2015 Subscriber¹ Share Posted September 4, 2015 They should have seen the written notes and pictures we passed around class before the days of cell phones. Link to comment Share on other sites More sharing options...
xpablo Posted September 4, 2015 Share Posted September 4, 2015 Stupid, waste of taxpayers money, also this could have serious repercussions on the teens, their lives ruined even before they turn 18 and be registered as sex offenders. This will create further hardship on them and probably have to resort to a life of crime or become depended on the state. Just drop everything. btw, how did the police find out about this sexting? possible parents found out and notified the police. anyhow just plain stupid. Link to comment Share on other sites More sharing options...
+Red King Subscriber² Posted September 4, 2015 Subscriber² Share Posted September 4, 2015 Link to comment Share on other sites More sharing options...
Active. Posted September 4, 2015 Share Posted September 4, 2015 Swain added that the male teen allowed law enforcement to search his phone Big mistake. Probably thought he had "nothing to hide". Link to comment Share on other sites More sharing options...
Jim K Global Moderator Posted September 4, 2015 Author Global Moderator Share Posted September 4, 2015 I personally think it's very important. If there was no coercion and further distribution then it's a private family matter. I sure do hope it's not a case of an automatic scanning of private content by a service or isp but a case of parents finding out and calling the police. Big mistake. Probably thought he had "nothing to hide". Part of the Ars Technica article stated this: Swain added that the male teen allowed law enforcement to search his phone as part of an ongoing investigation into a separate and unrelated alleged statutory rape that was reported to authorities in October 2014. "He’s an ‘involved other’ in a statutory rape case," Swain continued. "He wasn’t charged with anything in the other case; that’s what we’re investigating. His phone was thought to have involvement or evidence from that case. He’s not a suspect, and he wasn’t a victim and he may not have been there to witness it, but he may have evidence on his phone. Until his case is adjudicated, we will continue to keep his phone." So I'd assume that he thought he was safe and wanted to be sure he was in the clear for the separate and unrelated statutory rape (or to help with the other investigation)...and then law enforcement saw the pictures in question. Link to comment Share on other sites More sharing options...
mikill Posted September 4, 2015 Share Posted September 4, 2015 Big mistake. Probably thought he had "nothing to hide". more likely due to the fact that the cops would just go get a search warrant to scan his phone, in which case it really doesn't matter if he refused or consented. don't believe that horse-sh1t, innocent until proven guilty. everyone is considered guilty until proven innocent. Link to comment Share on other sites More sharing options...
NEVER85 Posted September 4, 2015 Share Posted September 4, 2015 I never thought a child porn law could seem stupid, but here we are. Link to comment Share on other sites More sharing options...
HawkMan Posted September 4, 2015 Share Posted September 4, 2015 "Another irony here is that these two teens could have legally had sex with each other in North Carolina, yet they are charged with felonies for texting sexually explicit photos of themselves to each other." There's definitely a problem with the law here. BTW I've not read the whole thing but how did the police found out if they did not distribute the pictures to anybody? Distributing the pictures should be illegal but exchanging it privately should not as long as those are pictures of yourself and you're not exchanging them with an adult or someone significantly older than you. Basically if you can legally have sex with someone you should be able to legally privately exchange pictures of yourself with this person (as long as there's no coercion and no further distribution involved of course). [edit] oh and BTW i don't see what's immature here. If there was no coercion and no distribution the law is totally 100% wrong. Lot of people born in the 70ies and 80ies played "doctor" when they were young it was not any different than that imo. As I understand it, the issue is federal law. they can have sex with each other because that's the state law. but federal law dictates that you can't take naked pictures if you're under 18. among other silly things, like crossing state lines and having sex. American law on juveniles and sex is completely messed up. Link to comment Share on other sites More sharing options...
Active. Posted September 4, 2015 Share Posted September 4, 2015 (edited) more likely due to the fact that the cops would just go get a search warrant to scan his phone, in which case it really doesn't matter if he refused or consented. So let them try to get a search warrant. It's a terrible idea to give up your right to privacy voluntarily, even if you think you're 'helping' the police and have nothing to hide. Link to comment Share on other sites More sharing options...
mikill Posted September 4, 2015 Share Posted September 4, 2015 (edited) So let them get a search warrant. It's a terrible idea to give up your right to privacy voluntarily, even if you think you're 'helping' the police and have nothing to hide. I agree that its a terrible idea to give up any right you have, absolutely, but when the cops can just run and get a warrant from a judge, well that's their way of saying screw your rights, we'll ultimately get what we want and ###### off, not you of course lol. Link to comment Share on other sites More sharing options...
Dot Matrix Posted September 4, 2015 Share Posted September 4, 2015 SEX IS BAD, AND YOU SHOULD FEEL BAD! <- How American politicians view sex. Link to comment Share on other sites More sharing options...
statm1 Posted September 4, 2015 Share Posted September 4, 2015 What is more funny about this case than just finding pictures... Is that they charge him for having pictures of himself....... Judge I am very ashamed of looking at my own underage body in a picture I know it was wrong and I should just stick with looking at my underage body in the mirror from now on like everyone else. I deeply apologize to the country, state, my parents, and my eyes for my transgressions. I will never do it again and I hope you will extend leniency as this was my first offense. What is more funny about this case than just finding pictures... Is that they charge him for having pictures of himself....... Judge I am very ashamed of looking at my own underage body in a picture I know it was wrong and I should just stick with looking at my underage body in the mirror from now on like everyone else. I deeply apologize to the country, state, my parents, and my eyes for my transgressions. I will never do it again and I hope you will extend leniency as this was my first offense. Link to comment Share on other sites More sharing options...
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