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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: 5, Insightful) by Runaway1956 on Saturday September 05 2015, @01:47PM

    by Runaway1956 (2926) Subscriber Badge on Saturday September 05 2015, @01:47PM (#232608) Homepage Journal

    The police chief and the prosecutor see this stuff, and discuss it. "Look at that fine young ass - and it's ON DISPLAY!" "Yeah, well, if I can't touch that without going to prison, then no one should touch it." "That boy sure is touching it, just read all the shit they sent to each other." "Well, lock the sumbitch up, no one should be touching something that fine - not if I can't!" "Well what about her? She's the one who sent it to him." "Lock the bitch up too, I don't want ANYONE touching what I can't touch! We'll throw the book at both of them, and trump up all the Kangaroo Court charges we can think of."

    --
    Abortion is the number one killed of children in the United States.
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  • (Score: 0) by Anonymous Coward on Saturday September 05 2015, @03:21PM

    by Anonymous Coward on Saturday September 05 2015, @03:21PM (#232638)

    We'll throw the book at both of them

    Although only the boy was charged with child pornography, while the girl also took a nude picture and sent it to him. Equality.

    • (Score: 2, Informative) by ghost on Saturday September 05 2015, @05:55PM

      by ghost (4467) on Saturday September 05 2015, @05:55PM (#232677) Journal
      According to the article, the girl accepted a plea deal.