Wednesday, October 8, 2008

Girl, 15, Sends Nude Cell Phone Pics of Herself to Classmates, Now Faces Child Porn Charges - Licking County

We wondered when this would happen: a teenager takes naked pictures of themselves with their cell phone camera and then sends it to their friends who are also underage. Guess who's in trouble now? That's right, a 15-year-old girl--and possibly her friends--for possessing child pornography! And, if she's convicted, she would have to register as a sex offender for ten years.

This is the first time we've heard of this, but likely won't be the last. And, unfortunately, this had to happen in Licking County in Ohio. Here's more from Fox News:
The Licking Valley High School student was arrested Friday after school officials discovered the materials and brought in the school's resource officer for a police investigation. After spending the weekend incarcerated, she pleaded deny Monday to both charges: illegal use of a minor in nudity-oriented material, a second-degree felony; and possession of criminal tools, a fifth-degree felony.

The child pornography charge for a convicted adult requires a Tier II sexual offender classification, but for a juvenile of this defendant's age, the judge has flexibility, said Jennifer Brindisi, a spokeswoman for the Ohio Bureau of Criminal Identification and Investigation. "There's a part of juvenile section of Senate Bill 10 (Ohio's version of the federal Adam Walsh Act) that says if the child is a first-time offender and age 14 or 15 that the judge can decide not to make her register," she said.

State Rep. Jay Hottinger, R-Newark, wrote the state's Megan's Law bill, the predecessor of the Adam Walsh Act, and said this case was not something the legislature envisioned. "Clearly it was in an illegal act," he said Tuesday. "Clearly it was an unacceptable act, and there needs to be consequences from that, but we need to make sure the punishment is a reasonable punishment."

Licking County Prosecutor Ken Oswalt, who declined comment ahead of a written statement to be released today, had been visiting high schools in the county and educating teens on the consequences of such an action. Licking Valley High School was one of those stops.

According to Ohio law, 2907.323(A)(3) states anyone possessing material that shows a minor in a state of nudity is guilty of a fifth-degree felony. The violation also might qualify the juvenile as a Tier I sexual offender, which requires annual registration for a decade.

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