Federal court in Phila. weighs ‘teen sexting’ case

[mscriv]

A federal appeals court in Philadelphia may end up deciding for the first time whether teenagers can be prosecuted for "sexting" under Pennsylvania child pornography laws.
The photos at issue included two girls, then 12-years-old, in training bras, and a 16-year-old wrapped in a towel with her breasts exposed.

The term sexting applies to the widespread and widely criticized practice by teens of using cell phones to send sexually provocative photos of themselves.

The girls in this case have not been accused of disseminating the photos.

A decision by the judges of 3rd Circuit U.S. Court of Appeals may have national ramifications. A threat to charge the teenagers was halted by a lower federal court last year.

The three teenage girls and their parents brought the case to federal court after the Wyoming County district attorney, George Skumanick Jr., threatened to charge them with child pornography if they did not attend an after-school course and write an essay on why "sexting" is wrong.

Skumanick became involved in 2008 when the photos were found on cell phones of student at the Tunkhannock School District northwest of Scranton.

The lower federal court stayed prosecution, and the appeals court will have to decide whether uphold the ban.

The case involves issues of free speech, whether the federal courts can impede a state prosecution, as well as what kind of images constitute pornography.

The photo specifically debated at today's hearing was of the girl partially wrapped in towel as she exited a shower.

Lawyers for the American Civil Liberties Union and the Juvenile Law Center in Philadelphia argued that the prosecutor cannot criminalize the girls as pornographers under the guise of protecting them from pornographers.

Even the photo that actually showed nudity is innocuous, argued Witold J. Walczak, legal director of the Pennsylvania ACLU.

Marsha L. Levick, legal director of the law center, said it is "inaccurate to say there is a basis in law" to prosecute what is a victimless crime, thereby "turning them into sex offenders."

But prosecutors have the right to prevent behavior by a child that could endanger that child, said Michael J. Donohue, the Scranton attorney representing Skumanick.

"They are putting themselves and other children at risk," of being exploited by sex offenders who may see the photographs, said Donohue.

LINK

It will be interesting to see how this plays out from a legal perspective.

 

[Mrtrick]

Sexting and Law

Personally I think the law should be amended to include new definitions for what is sexting and what is permissible by law. So far I've heard of 13-17 year olds all around the US getting slapped with jail time and sex offender status, and to me that's not entirely fair.

Honestly, nudy pics between dating people or even two people interested in each other sexually is one thing, but it's when someone knowingly or unknowingly maliciously distributes these pictures to a wider group of people to view the pictures, is when problems arise.

Let's face it, who doesn't like sex or even sexually provocative media? As my friend puts it, "they're either lying or dying," if people don't enjoy those things in life.

 

[instaxgirl]

Interesting case from a legal perspective, but I'd have just written the essay and taken the class rather than risk being prosecuted.

 

[theBB]

Interesting case from a legal perspective, but I'd have just written the essay and taken the class rather than risk being prosecuted.

I agree. Based on the article, it seems like DA was just trying to scare them straight than hell bent on prosecuting. Without a threat of punishment, it is harder to make kids refrain from going through with an initially exciting or funny sounding idea, but harmful or dangerous in the long term. Of course, exposed breasts is a big deal in the US, but probably would not be so in Europe where topless sunbathing is fairly commonplace.

 

[ucfgrad93]

It will be interesting to see how this plays out in the courts. Frankly, if it was my daughter involved in this I would have made her go to the after-school course and write the essay.