3 Minors Arrested For “Sexting”
“Police in Holbrook are investigating charges against three minors who allegedly created a video of two of them having sexual intercourse while the third recorded it, then distributed the video to junior high students. ‘The video depicts two minors engaging in sexual intercourse,’ Holbrook police officer Keysha Mitchell said. She said the person recording the scene was also a minor. The video was then distributed among students at Holbrook Junior-Senior High School, police said, and the charges that may be leveled against the teens are serious as the forwarding of such a video, also known as ’sexting,’ is a felony offense. ‘Some of the kids involved could be looking at possession of child pornography, dissemination of child pornography. There’s also the possibility of statutory rape and if there’s any audio discovered on the video there’s also the possible charge of wiretapping,’ Mitchell said. Police said the video was taken at a home, not at the school. The alleged victim, a girl under 16, told them she did not realize she was being captured on cell phone. She went to police with her parents when she realized the video was circulating.” — Boston Channel (US)
(Thanks to Furpo for the link.)
Recently Furpo has sent in a few different links about “sexting,” which is what happens when sex meets texting or, more broadly, what happens when young people act out their biological impulses with technological gadgetry. Though in many ways it’s just another moral panic about the sexual behavior of teens, you can see the dilemma the whole phenomenon poses. On one hand, it is problematic to charge a teenager who creates a video of his or her nude body with child pornography. On the other hand, if the behavior isn’t criminalized, it opens up the possibility that real child pornographers can induce young people to create the pornography which it is illegal for adults to produce themselves.
By way of solution, police quoted in the article recommend that parents disable the video features of their children’s equipment in order to minimize the possibilities of them abusing it. This is like scooping out a bucket of water in the hopes you don’t have to build a dam. It is clear that society has entered into a state where recording technology is ubiquitous. It is impractical to suggest that cameras be kept from the hands of young people in an age when every electronic device has a built-in camera and microphone.
As PervScan wrote in reference to the bizarre story about The Simpsons and child pornography, society is undergoing a difficult transition in its moral conception of childhood. It used to be that children simply “played doctor,” and now they “play doctor” while recording it with their Disney Pix Max digital cameras or even their iPhones. Sorting out how to deal with the behavior is one thing. Sorting out how to deal with the images and their potentials for abuse is another thing. In either case, though, there is one fundamental. The purpose of legislation is to protect people from harm. If a person is harmed by another secretly taping him and distributing it without his consent, there are laws to deal with that. Piling child pornography charges on top of them seems, at least in this case, absurd.
I’ve always thought the idea of charging children for child pornography when its pictures of their lovers or themselves was absurd. Sure, it’s possible to be a minor and possess child pornograph in a legitimately illegal way – 16 year olds can access those Russian sites just as well as 18 year olds – but it seems to me that the law should turn the other cheek when it comes to pictures of people these kids are seeing naked anyway. Especially in states where sex between minors is legal within certain boundaries; if you’re allowed to fuck someone, you should be allowed to have naked pictures of that person, too.
The distribution without the girl’s consent, however, is something that I agree should be punishable. Anything of this nature done without consent should be illegal, of course.
Also: thank you for writing “On the other hand, if the behavior isn’t criminalized, it opens up the possibility that real child pornographers can induce young people to create the pornography which it is illegal for adults to produce themselves.” I had never looked at it that way, and it clears up some of the issues I’ve had with the way the law treats these cases.
Heres an update on one of the sexting cases, not the one Supervert posted but another one I sent in.
US judge rules for teen girls in “sexting” case
3/30/2009
A U.S. judge on Monday barred a Pennsylvania prosecutor from filing child pornography charges against three teenage girls caught with sexually suggestive pictures of themselves on their cell phones.
U.S. District Judge James Munley said he was issuing a restraining order on Wyoming County District Attorney George Skumanick because his proposed action would violate freedom of speech and parental rights. (more)
Sven is right. If minors are allowed to fuck somenone of their age group, such as the states that allow it within certain boundaries then it should follow that they should have naked pictures of themselves, preferably as long as they don’t show them to others.
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