NJ girl, 14, arrested after posting nude pics

[garbon]

NJ girl, 14, arrested after posting nude pics

http://news.yahoo.com/s/ap/20090327/ap_on_re_us/teen_child_porn

A 14-year-old New Jersey girl has been accused of child pornography after posting nearly 30 explicit nude pictures of herself on MySpace.com — charges that could force her to register as a sex offender if convicted.

The case comes as prosecutors nationwide pursue child pornography cases resulting from kids sending nude photos to one another over cell phones and e-mail. Legal experts, though, could not recall another case of a child porn charge resulting from a teen's posting to a social networking site.

MySpace would not comment on the New Jersey investigation, but the company has a team that reviews its network for inappropriate images. The National Center for Missing and Exploited Children tipped off a state task force, which alerted the Passaic County Sheriff's Office.

The office investigated and discovered the Clifton resident had posted the "very explicit" photos of herself, sheriff's spokesman Bill Maer said Thursday.

"We consider this case a wake-up call to parents," Maer said. The girl posted the photos because "she wanted her boyfriend to see them," he said.

Investigators are looking at individuals who "knowingly" committed a crime, he said, declining to comment further because the case is still being investigated.

The teen, whose name has not been released because of her age, was arrested and charged with possession of child pornography and distribution of child pornography. She was released to her mother's custody.

If convicted of the distribution charge, she would be forced to register with the state as a sex offender under Megan's Law, said state Attorney General Anne Milgram. She also could face up to 17 years in jail, though such a stiff sentence is unlikely.

Some observers — including the New Jersey mother behind the creation of Megan's Law — are criticizing the trend of prosecuting teens who send racy text messages or post illicit photos of themselves.

Maureen Kanka — whose daughter, Megan, became the law's namesake after she was raped and killed at age 7 in 1994 by a twice-convicted sex offender — blasted authorities for charging the 14-year-old girl.

The teen needs help, not legal trouble, she said.

"This shouldn't fall under Megan's Law in any way, shape or form. She should have an intervention and counseling, because the only person she exploited was herself."

Called "sexting" when it's done by cell phone, teenagers' habit of sending sexually suggestive photos of themselves and others to one another is a nationwide problem that has confounded parents, school administrators and law enforcers.

Prosecutors in states including Pennsylvania, Connecticut, North Dakota, Ohio, Utah, Vermont, Virginia and Wisconsin have tried stop it by charging teens who send and receive the pictures.

In northeastern Pennsylvania, a prosecutor recently threatened to file child porn charges against three teenage girls who authorities say took racy cell-phone pictures that ended up on classmates' cell phones.

The MySpace case may be a first, though.

"I'm not sure I've seen a prosecution like this coming out of a social networking site," said Seth Kreimer, a constitutional law professor at the University of Pennsylvania.

Milgram, the attorney general, could not recall another such case in New Jersey. She cautioned parents to get on those sites and monitor what their kids are talking about and posting.

"Unfortunately, youth don't have the same judgment as adults," she said, "and often, adults don't have the same technical savvy as the youth."

We are so fucked in the head about these kind of issues. Although clearly, of course, 14 year olds should not be posting nude pictures on Myspace.

[garbon]

Somehow in the space 20 minutes, I came upon another related article.  I like that people are fighting back:

http://www.salon.com/mwt/broadsheet/index.html

Overzealous prosecutors across the country targeting teens for "sexting," be afraid, be very afraid. Your worst nightmare, worse even than kids unabashedly creating their own child porn rings, is becoming reality: In northeastern Pennsylvania, three girls and their mothers filed a lawsuit Wednesday in response to the district attorney's threat of charging them with sexual abuse of a minor if they don't complete a 10-hour course on pornography and sexual violence, the New York Times reports. A total of 17 other "sexting" students were given the same choice and took it, but these families were so outraged by the proposition that they refused it.

Maybe you're thinking: But, loads of kids are being charged with child porn possession for "sexting" without being offered any deal -- recognize your luck and take the damn class, girls! But get a load of what actually got them in this pickle: Two of the girls took a cellphone photograph of themselves from the waist up wearing bras and then presumably sent it to some friends. (The third girl was shown in a different photograph.) In other words: The photo displays roughly the equivalent of the juniors' swim wear section in the Macy's catalog. 'The snapshot, which was taken two years ago at a junior high slumber party, is "provocative," explains Skumanick. (Well, that's damning. In what parallel universe did you go to junior high in, sir? Getting a little wild is the whole point of sleepovers.)

The lawsuit alleges that the district attorney's threat of filing charges amounts to "'retaliation' for the families asserting their First and Fourth Amendment rights to oppose his deal," reports the Times. But he says he's "simply giving them an option" and finds it "sad" that "their parents don't realize this is wrong and they should be encouraging them to take the classes." Nice of him to offer parenting advice, but is that really within his job description as a district attorney?

Witold J. Walczak, the American Civil Liberties Union lawyer representing the girls, said: "Prosecutors should not be using a nuclear-weapon-type charge like child pornography against kids who have no criminal intent and are merely doing stupid things." It was obviously unwise for them to send such easily sharable photos to someone else and, if I were one of the girls' parents, we would be having a nice long chat about the birds and the ... benefits of private sexual exploration. But suggesting that these girls should be either labeled child predators or schooled about rape for 10 hours makes a mockery of cases of actual sexual violence. Maybe Skumanick should be required to take the class instead.

[Iormlund]

"Unfortunately, youth don't have the same judgment as adults,"

Is it just me that finds this quote incredibly ironic in the context of this thread?

[Valmy]

Isn't it great that these people get lumped in with everybody else on the sex offender directory?  Got to keep your kids safe from girls slumber parties.

"This shouldn't fall under Megan's Law in any way, shape or form. She should have an intervention and counseling, because the only person she exploited was herself."

What?  How can you exploit yourself?

[garbon]

Isn't it great that these people get lumped in with everybody else on the sex offender directory?  Got to keep your kids safe from girls slumber parties.

Yes, we've gone over the top on our all out attack on anything involving teens* and sexuality.

*I had to say teens because even the act of putting children in that sentence seems undefensable.

[Grey Fox]

Damn, you guys are insane.

I blame church.

[Ed Anger]

There is a stink in Cincy about a girl hanging herself over this kind of shit. Now every local newscast has a story on the dangers of SEXTING

[Valmy]

Damn, you guys are insane.

I blame church.

Sex is teh evil!

The hilarious thing was if these ladies were over 18 then all of this would be perfectly fine.  You just need to lock up your sons and daughters until they are 18 so they do not accidentally do anything sexual and get labelled dangerous serial rapists for life.

[Valmy]

Now every local newscast has a story on the dangers of SEXTING

Teenagers expressing sexuality will scar them for life.  It is far healthier to tell them how evil they are and scare them with over the top rhetoric.

[Ed Anger]

Now every local newscast has a story on the dangers of SEXTING

If there was blinking larger font, I would have used it. That is how hysterical the news stories are getting.

[Caliga]

Megan's Law

[Ed Anger]

Teenagers expressing sexuality will scar them for life.  It is far healthier to tell them how evil they are and scare them with over the top rhetoric.

Works for me. I told my goddaughter I'd rip the nuts off her boyfriend if he did anything to her.

[Caliga]

FACT:  Laws named after specific people are always EPIC FAIL.

[BVN]

I told my goddaughter I'd rip the nuts off her boyfriend if he did anything to her.

Gotta remember that trick... *takes notes*

[DisturbedPervert]

Works for me. I told my goddaughter I'd rip the nuts off her boyfriend if he did anything to her.

You need to be telling that to the boyfriend, not the girl.