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posted by martyb on Saturday September 05 2015, @12:10PM   Printer-friendly
from the sense-no-makes dept.

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.

The boy is being charged with child pornography for taking pictures of himself.


[These teens were of the age of consent in North Carolina and could legally have had sex with each other. Juvenile court jurisdiction ends at age 16 in North Carolina, however, so they are being tried as adults on felony charges of possessing child porn... of themselves. -Ed.]

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  • (Score: 2) by tathra on Saturday September 05 2015, @11:25PM

    by tathra (3367) on Saturday September 05 2015, @11:25PM (#232792)

    Suicide has of course always been silly to criminalize.

    the only way suicide, first trimester abortion, drug use, prostitution, and other consensual sexual activities between 2 post-pubescent individuals can be criminalized is if self-sovereignty is stripped from citizens. the government must literally own your body in order to tell you what you can and cannot do with it. it doesn't matter whether you agree or not with what other people are doing with their own bodies, its their body, they can do whatever they want to/with it; taking away one's control over their own body is literally slavery.

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