Teen charged for child porn for posting nude photos of herself - Tilted Forum Project Discussion Community

little_tippler · 03-29-2009, 06:56 AM

This is a really strange situation in my opinion, that has been happening over the past year or so, in a few different places in the US.

Teens posting or emailing nude photos of themselves on myspace or to friends are being prosecuted on child porn charges, which in some cases can lead to having to register as a sex offender and even jail time.

Quote:

Originally Posted by Fox News

N.J. Teen Accused of Child Porn for Posting Nude Photos of Self click to show

To me this seems like a perversion of the law. Kids cannot take photos of their naked body, it's illegal in the US. So, wait, I can't take photos of myself naked if I'm underage? Seems weird but I can see why the prohibition - to stop those photos getting into public view and being used as child porn. This seems to me to be a result of the over-sexualization of teens that we have spoken about recently in shesus' thread 'Warped sense of sexy'. What are they supposed to do? The media and indeed peers constantly throw that message at them. Teens are keen to sexually explore themselves and others sooner than ever, though they are probably at an age where mentally and emotionally they do not have the understanding or maturity to cope with that reality or its consequences.

But is the solution to prosecute minors for child porn over their own photos? I tend to think that is not the answer.

Whatever this is, it's a pretty warped way to try and control when and how teens become sexual beings, and an exaggeration of the consequences that should be brought upon these youngsters for these actions. Society as a whole has a responsibility for this behaviour. Can we really blame teens for copying what they see, read and hear on TV, the internet, and other media?

Somewhere along the way, the parents, and the schools, are dramatically failing in their job to educate young kids. The silence on many more 'extreme' sexual issues (that are now becoming mainstream it seems) that is still prevalent between teens and those supposed to be their main source of advice and, on the other side, the enormous amount of information available through other media, appears to produce a distortion in kids minds on how best to address the reality of becoming a sexual being that occurs in the teenage years.

Here are a couple more links on this topic:

Naked Photos, E-Mail Get Teens in Trouble

‘Sexting’ surprise: Teens face child porn charges

Police blotter: Teens prosecuted for racy photos

I would love to be able to say there is one, good, solution to solving this problem. But I can't pretend this is simple to work out in my head. It's not. I think the solution lies in possibly educating kids who are 'caught' doing this, specifically targeting this behaviour. As for how to prevent it...I'd like to say parenting but it's too easy to point a finger without knowing the circumstances. Someone could have the most caring and attentive parents in the world and this could still happen. Don't you think?

blahblah454 · 03-29-2009, 07:43 AM

Wow, I think this is absolutely insane. Charging uneducated teens for stupid choices is absolute hogwash. I agree fully with you that this is a lack of education. I don't know when the world decided to keep its children in the dark as much as possible and to shun education, but it needs to stop.

Registering a 14 year old girl as a sex offender seems absolutely absurd to me. What happens when she is in her 20's and trying to get her first career?

Strange Famous · 03-29-2009, 08:26 AM

The law and the judge involved in this case should all be sacked.

Shaindra · 03-29-2009, 02:04 PM

Sometimes people will bring charges and lawsuits just for the publicity. I think it's an effective way to get teens and their parents to realize that this shit goes on. And while I don't agree that it's child porn, I think it's worth talking about with your kids about the longevity that images like this can have.

ASU2003 · 03-29-2009, 04:08 PM

This thread needs pictures.

Just kidding, but I feel for the girl. She did something small and it gets blown way out of proportion to make a point.

And the real problem is that there is no easy way to tell if underage pictures were taken with the kids permission or they were paid or forced to do so. The government decides to ban all of them and creates a list of offenders.

I think people are too uptight about nudity, even child nudity. If she took pictures of her having sex, then that is another story (because you don't know if she was paid or forced to do it). But it isn't these softcore pictures that will ruin her life. In the 80s & 90s, the pictures would have made it around school, people would have looked and in a week they wouldn't care anymore. Though she would be known as the naked girl for years to the boys in her class. Now, if she gets put on a list of sex offenders or has to serve jail/juvi time for child porn, that will impact her life in huge ways.

m0rpheus · 03-30-2009, 10:42 AM

Quote:

Originally Posted by ASU2003

This thread needs pictures.

Just kidding,

I couldn't help but laugh at the unintentional humour in the OP for the article when it says "N.J. Teen Accused of Child Porn for Posting Nude Photos of Self", then has the "click to show" box.

RangerJoe · 03-30-2009, 11:23 AM

Quote:

Originally Posted by Shaindra

Sometimes people will bring charges and lawsuits just for the publicity. I think it's an effective way to get teens and their parents to realize that this shit goes on. And while I don't agree that it's child porn, I think it's worth talking about with your kids about the longevity that images like this can have.

I agree about it being more publicity than anything. I don't think the teens that take pictures of themselves naked and then post them, e-mail them, or text them realize how big of a deal it is. At the moment they do it, they are more than likely doing it to impress a boy or girl, which is what the girl in the OP was doing when she posted them on myspace.

Parents need to sit down and talk to their teens about the ramifications of posting their nude teenage bodies online or to friends. Sure, it's only human to be naked, but when you are an emotionally fragile teenage girl, it can devastate you to find out that little picture of your breasts has been passed from your boyfriend to all of his friends and to all of their friends. Although they may be far from it, they will then be labeled as a slut/whore/easy. Most kids just aren't mature enough to realize or think far enough into the future about that one little action.

I do find that forcing them to file as a sex offender is a little harsh. Maybe scale down the punishment a little to being expelled, probation, or even volunteering to do school lectures to other teens about the harm in posting or emailing nude photos.

I think I might be rambling, but I've actually been thinking about this a lot since I first saw the story a few days ago. I'm also a member on a mostly teen site and had debated on posting it to get their insight and opinions on the subject. I changed my mind, though. I'm no good at starting these threads.

levite · 03-30-2009, 07:30 PM

At this point, each and every one of us has made stupid, "I-Can't-Believe-I-Put-That-On-The-Internet" mistakes, although not all of them are of the naked variety.

I think cases like this are perfect examples of American puritanism, where we collectively wig out when we discover to our horror that kids have sexual feelings, and interact with each other sexually, and yes, sometimes have sex. We totally have to get over it.

And don't get me wrong, I am not opposed to having a little extra legal protection to prevent people from completely taking advantage of youthful inexperience. But this is just sick. Sick! Prosecuting a person for taking pictures of their own body and sharing them?!! That is inexcusable, both in the sense of repression winning one over freedom, but also in the sense that I cannot imagine a worse message to send to a young person: it's wrong to be proud of your body and want to share it and have it be admired! Showing your body is so bad, we'll mark you as a criminal psycho forever!

I hope the prosecutor and the judge involved in persecuting this poor girl break both their legs. They should just be ashamed at being involved with something so despicable.

Frosstbyte · 04-02-2009, 12:15 PM

Quote:

Originally Posted by levite

At this point, each and every one of us has made stupid, "I-Can't-Believe-I-Put-That-On-The-Internet" mistakes, although not all of them are of the naked variety.

I think cases like this are perfect examples of American puritanism, where we collectively wig out when we discover to our horror that kids have sexual feelings, and interact with each other sexually, and yes, sometimes have sex. We totally have to get over it.

And don't get me wrong, I am not opposed to having a little extra legal protection to prevent people from completely taking advantage of youthful inexperience. But this is just sick. Sick! Prosecuting a person for taking pictures of their own body and sharing them?!! That is inexcusable, both in the sense of repression winning one over freedom, but also in the sense that I cannot imagine a worse message to send to a young person: it's wrong to be proud of your body and want to share it and have it be admired! Showing your body is so bad, we'll mark you as a criminal psycho forever!

I hope the prosecutor and the judge involved in persecuting this poor girl break both their legs. They should just be ashamed at being involved with something so despicable.

That pretty much covers how I feel. Well said, levite.

Hektore · 04-02-2009, 01:20 PM

I don't think the girls are likely to get prosecuted, locally this happened and the according to the local news the ACLU took up the charge defending the girls' actions under 'freedom of expression' and apparently won a restraining order against the DA. I don't see what good could come of actually prosecuting these girls, you know other than ruining their lives for doing something that didn't hurt anyone. At all.

Quote:

Originally Posted by Reuters

* U.S. judge rules against prosecutor in "sexting" case

* ACLU applauds decision

* Ruling may spur abuse of legal system - prosecutor

By Jon Hurdle

PHILADELPHIA, March 30 (Reuters) - 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.

The ruling came after the American Civil Liberties Union sued Skumanick on behalf of the girls and their families.

"The court agrees with the plaintiffs that the public interest would be served by issuing a TRO (temporary restraining order) in this matter as the public interest is on the side of protecting constitutional rights," the judge said.

The case has attracted national attention and revolves around the growing practice among teens of "sexting," a play on the term texting, in which nude or semi-nude photos are sent on cell phones or posted on the Internet.

The pictures, found last fall by officials of Pennsylvania's Tunkhannock School District, showed two of the girls wearing bras, and another standing topless with a wrapped towel around her waist. No sexual activity was displayed.

Other unidentified people distributed the pictures.

Last month Skumanick told the girls and 17 other students that he would charge them with possessing or distributing child pornography, which is a felony, unless they agreed to probation and participated in a "re-education" program.

All but three agreed to his demands, setting the stage for the lawsuit.

Witold Walczack, legal director of the ACLU of Pennsylvania, welcomed the legal decision.

"This country needs to have a discussion about whether prosecuting minors as child pornographers for merely being impulsive and naive is the appropriate way to address the serious consequences that can result from sexting," he said.

But Skumanick said it could encourage potential defendants to use the federal court system to evade state charges.

"My big fear is setting the precedent that would allow criminals in the state system seeking protecting in the federal system." Skumanick said. When asked if he would appeal, he said was studying the opinion.

A national survey last fall found 20 percent of teenagers said they have sent or posted online nude or semi-nude pictures of themselves, and 39 percent said they have sent or posted sexually suggestive messages, according to the National Campaign to Prevent Teen and Unplanned Pregnancy. (Editing by Paul Simao)

View: US judge rules for teen girls in sexting case | Reuters

Other Article: Wall Street Journal Blogs

loganmule · 04-03-2009, 09:14 AM

I'm mystified that law enforcement thinks they need to be all over 14 yr old kids sending naked pictures of themselves to people they know. Public posting is going too far, but pics directed to a single person via text or email? Back in my day we called it "you show me yours and I'll show you mine".

Tully Mars · 04-05-2009, 03:24 AM

Quote:

Originally Posted by loganmule

I'm mystified that law enforcement thinks they need to be all over 14 yr old kids sending naked pictures of themselves to people they know. Public posting is going too far, but pics directed to a single person via text or email? Back in my day we called it "you show me yours and I'll show you mine".

LEO's get in the mode of is this legal or is this not legal. They hand it off to the DA and DA's tend to work to win cases not drop charges. Plus it's completely possible they've had ongoing dealings with this family. It would not surprise me to find out the motive, in the beginning, was along the lines of "helping" the family deal with a troubled teen. Of course I have no way of knowing that in this case. But I've seen it happen way too many times. It starts out with a kid being a problem at school or home and it ends up with the best way to deal with it is to find some reason to arrest them, even if the reason is BS. Because as we all know the state knows how to raise children way better then the parents.

Sorry for the rant. As to the OP yes, I think it's nuts to charge her with a sex crime.

03-29-2009, 08:26 AM	#3 (permalink)
Strange Famous follower of the child's crusade?	The law and the judge involved in this case should all be sacked. __________________ "Do not tell lies, and do not do what you hate, for all things are plain in the sight of Heaven. For nothing hidden will not become manifest, and nothing covered will remain without being uncovered." The Gospel of Thomas

03-29-2009, 02:04 PM	#4 (permalink)
Shaindra Psycho Location: Massachusetts	Sometimes people will bring charges and lawsuits just for the publicity. I think it's an effective way to get teens and their parents to realize that this shit goes on. And while I don't agree that it's child porn, I think it's worth talking about with your kids about the longevity that images like this can have. __________________ "Never regret something that once made you smile."

03-30-2009, 07:30 PM	#8 (permalink)
levite Minion of Joss Location: The Windy City	At this point, each and every one of us has made stupid, "I-Can't-Believe-I-Put-That-On-The-Internet" mistakes, although not all of them are of the naked variety. I think cases like this are perfect examples of American puritanism, where we collectively wig out when we discover to our horror that kids have sexual feelings, and interact with each other sexually, and yes, sometimes have sex. We totally have to get over it. And don't get me wrong, I am not opposed to having a little extra legal protection to prevent people from completely taking advantage of youthful inexperience. But this is just sick. Sick! Prosecuting a person for taking pictures of their own body and sharing them?!! That is inexcusable, both in the sense of repression winning one over freedom, but also in the sense that I cannot imagine a worse message to send to a young person: it's wrong to be proud of your body and want to share it and have it be admired! Showing your body is so bad, we'll mark you as a criminal psycho forever! I hope the prosecutor and the judge involved in persecuting this poor girl break both their legs. They should just be ashamed at being involved with something so despicable. __________________ Dull sublunary lovers love, Whose soul is sense, cannot admit Absence, because it doth remove That thing which elemented it. (From "A Valediction: Forbidding Mourning" by John Donne)

03-29-2009, 07:43 AM	#2 (permalink)
blahblah454 Let's put a smile on that face Location: On the road...	Wow, I think this is absolutely insane. Charging uneducated teens for stupid choices is absolute hogwash. I agree fully with you that this is a lack of education. I don't know when the world decided to keep its children in the dark as much as possible and to shun education, but it needs to stop. Registering a 14 year old girl as a sex offender seems absolutely absurd to me. What happens when she is in her 20's and trying to get her first career?

03-29-2009, 04:08 PM	#5 (permalink)
ASU2003 immoral minority Location: Back in Ohio	This thread needs pictures. Just kidding, but I feel for the girl. She did something small and it gets blown way out of proportion to make a point. And the real problem is that there is no easy way to tell if underage pictures were taken with the kids permission or they were paid or forced to do so. The government decides to ban all of them and creates a list of offenders. I think people are too uptight about nudity, even child nudity. If she took pictures of her having sex, then that is another story (because you don't know if she was paid or forced to do it). But it isn't these softcore pictures that will ruin her life. In the 80s & 90s, the pictures would have made it around school, people would have looked and in a week they wouldn't care anymore. Though she would be known as the naked girl for years to the boys in her class. Now, if she gets put on a list of sex offenders or has to serve jail/juvi time for child porn, that will impact her life in huge ways.

04-03-2009, 09:14 AM	#11 (permalink)
loganmule Junkie Location: midwest	I'm mystified that law enforcement thinks they need to be all over 14 yr old kids sending naked pictures of themselves to people they know. Public posting is going too far, but pics directed to a single person via text or email? Back in my day we called it "you show me yours and I'll show you mine".