From Instapundit:
Five Virginia teens are facing felony pornography charges for “sexting.”
This is happening far too often. I don’t quite comprehend the logic that says in order to protect minors from the dangerous consequences of sexting, we need to ruin their lives. Quote from the prosecutor:
It’s not clear what the consequences of the felony pornography charges might be but the chances of the students being convicted on the charges are as likely “as the moon coming crashing down tomorrow,” Commonwealth Attorney Cliff Hapgood said.
So why charge them in the first place?
I don’t think anyone would argue that it’s a good thing that minors are sending one another nude photos via cell phone. But the criminal justice system is a too clumsy a tool for this problem. In a lot of these cases, the most harmful part of sexting lies in what adult authorities do to these kids when they discover it.
Posted by Radley Balko at 8:16 am
Exactly. I suspect the same absurd results if this Online Bullying bill becomes law in Louisiana.
I agree! There are often unintended consequences of new laws. But being charged and being convicted are quite different situations, and often something has to play out in the courts a few times before the prosecutors learn better than to pursue charges. They have a situation over in Webster Parish right now where a man was posting criticism of the WBSO deputies on nwlanews.com, and this was often outrageous or unwarranted criticism. With the full cooperation of Press-Herald, the deputies learned his identity and arrested him. DA Marvin is prosecuting him under the cyberstalking law, which seems to cover the same problems as the proposed cyberbully law. It certainly was not intended to prohibit criticism of the government. But I am wondering why this new law is being considered with the cyberstalking law already on the books.
ReplyDeleteMark that is trhe same queston I have. Why is don't we jyust deal with the stalking alw we already have. No one3 can answer that for me
ReplyDeleteI just found your post via a google search.
ReplyDeleteA while back, my daughter sent a boyfriend explicit texts (photo and video). She was 15. When they broke up, he spitefully spread the images around. Eventually, one boy showed his mother, who called the police.
Today, two Livingston Parish detectives came to my home. My husband let them in because we were victims of a burglary a month ago and he thought his gun had finally been recovered. The detectives did not have a search warrant. They took the cell phone and lap top by saying, "We NEED this." Now, without a warrant, they are supposed to ASK if they MAY look at an item. They did not. They said, "We NEED THIS." My husband and daughter did not know they had a choice.
Now they are charging my (now) 16 year old daughter with production and distribution of child pornography - for posing for and playing for her boyfriend. This is utterly ridiculous. I could understand a warning, but...a trial and all...REALLY???
...one heartbroken mom