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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 Reziac on Sunday September 06 2015, @04:04AM

    by Reziac (2489) on Sunday September 06 2015, @04:04AM (#232879) Homepage

    From your link: "before the image disappeared, the girl saved it on her own phone and it was then sent to other pupils at the school."

    The damn wonder is that they didn't also charge the girl with distributing kiddie porn.

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  • (Score: 1) by kazzie on Monday September 07 2015, @07:11AM

    by kazzie (5309) Subscriber Badge on Monday September 07 2015, @07:11AM (#233160)

    This was a key grievance of the child and his mother, when interviewed on Radio 4 about the matter.

    • (Score: 2) by Reziac on Monday September 07 2015, @01:32PM

      by Reziac (2489) on Monday September 07 2015, @01:32PM (#233264) Homepage

      Do you mean she was upset because they didn't?

      Regardless, the whole thing is crazy. It's like the law is being enforced by 5 year olds, who can't understand anything beyond the utterly literal. :(

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      And there is no Alkibiades to come back and save us from ourselves.
      • (Score: 1) by kazzie on Monday September 07 2015, @05:42PM

        by kazzie (5309) Subscriber Badge on Monday September 07 2015, @05:42PM (#233357)

        Yes. She was upset that her son was singled out by the police, when it was the boy's girlfriend who distributed the image amongst her peers.

        • (Score: 2) by Reziac on Monday September 07 2015, @07:19PM

          by Reziac (2489) on Monday September 07 2015, @07:19PM (#233384) Homepage

          Male privilege strikes again :/

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          And there is no Alkibiades to come back and save us from ourselves.