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Manassas City police and Prince William County prosecutors are taking a unique approach to collecting evidence in a “sexting” case involving a 17-year-old male: Authorities want to take a photo of the teen’s erect genitalia to compare with a cellphone video allegedly sent to his girlfriend, his attorneys said."
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"Manassas City police released a statement Wednesday night saying that the case was opened because the teen allegedly sent “pornographic videos . . . after repeatedly being told to stop.”
"The 15-year-old girlfriend sent her 17-year-old boyfriend a photo of herself, and he sent back the video. The mother of the girl complained, and prosecutors went after the boy for "two felony charges, for possession of child pornography and manufacturing child pornography."
The 15 year-old girl's Mother alerted law enforcement, which put our system of jurisprudence in motion. That's something parents should tell their children to avoid at all costs, because that is the doorstep to the Devil's home.
Like anyone else, prosecutors do not expect to catch all of the fish in a river when they go fishing, but they do expect to catch their target fish.
If I were the prosecutor in this case, I would have offered the boy a plea deal -- I suspect the prosecutors likely did that. However, if he was offered a plea deal and did not take it, I would have taken the steps necessary to prove my case that cited higher charges than the plea deal I offered.
I don't think the prosecutors are being unreasonable in seeking to have a picture taken of the boy's genitals in a sexually aroused state. It could be substantial if not dispositive evidence of guilt.
Given what I have read, I hope sensibilities prevail and a plea deal is negotiated.
That occurred in my neck of the woods. They announced today that they are not going to try to force him to take the picture.
Quote:
Originally Posted by Wudge
I don't think the prosecutors are being unreasonable in seeking to have a picture taken of the boy's genitals in a sexually aroused state. It could be substantial if not dispositive evidence of guilt.
So now we want the authorities to engage in child porn and to show it to a jury? And just how are they planning to get him sexually aroused? By showing a minor porn, which is against the law?
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That occurred in my neck of the woods. They announced today that they are not going to try to force him to take the picture.
So now we want the authorities to engage in child porn and to show it to a jury? And just how are they planning to get him sexually aroused? By showing a minor porn, which is against the law?
When the warrant was issued, law enforcement said that they had intended to achieve their goal through an injection that would have sexually aroused him. Then they would have had a photograph taken.
It's interesting that law enforcement has decided not to force him to have his picture taken. Has law enforcement said why they are backing off from forcing him to have his picture taken after their injection?
It's interesting that law enforcement has decided not to force him to have his picture taken. Has law enforcement said why they are backing off from forcing him to have his picture taken after their injection?
The Commonwealth Attorney made that call. People around here have gone ballistic over it. Taking the picture in those circumstances was apparently questionable anyway, but the fact that it was a teen to begin with really upset a lot of people. What the local rag mag was saying is that they are trying to charge him for PRODUCING child porn, which carries a stiffer sentence, and that is what they needed the picture for, to prove the penis belonged to a child.
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The Commonwealth Attorney made that call. People around here have gone ballistic over it. Taking the picture in those circumstances was apparently questionable anyway, but the fact that it was a teen to begin with really upset a lot of people. What the local rag mag was saying is that they are trying to charge him for PRODUCING child porn, which carries a stiffer sentence, and that is what they needed the picture for, to prove the penis belonged to a child.
Ah, thanks.
It sounds like the prosecutors have decided not to pursue charges based on his age (teen under 18) and attendant local outrage.
This boy is extremely lucky he had not yet turned 18, which would have made him an adult by law (statutory). That would have clearly opened him up to statutory charges of child pornography and/or child enticement.
It sounds like the prosecutors have decided not to pursue charges based on his age (teen under 18) and attendant local outrage.
This boy is extremely lucky he had not yet turned 18, which would have made him an adult by law (statutory). That would have clearly opened him up to statutory charges of child pornography and/or child enticement.
He wouldn't have been charged with child pornography, the child filmed was himself. Child enticement, maybe. But seriously, when law makers created all these laws it was not their intent to send a 17 year-old to prison for 30 years because the idiot sent a picture of his under age genitalia to another teenager who was less than 2 years younger than him.
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He wouldn't have been charged with child pornography, the child filmed was himself. Child enticement, maybe. But seriously, when law makers created all these laws it was not their intent to send a 17 year-old to prison for 30 years because the idiot sent a picture of his under age genitalia to another teenager who was less than 2 years younger than him.
Lyndon Johnson had a quote about 'laws' that should be hung over the entry to every Legislature in the country.
"You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered."
Every year, states, municipalities and the federal government passes hundreds of thousands of new laws.
They hire tens of thousands of agents and officers and officials to 'enforce' them.
Is it any wonder we have more people in prison than anywhere else on earth?
Our legal system is comically dysfunctional but we're either too naive to realize it (BECAUSE AMERICA #1 #1 USA USA USA!) or maybe we've become too apathetic to do anything about it.
Read the original post. That guy thinks this is a perfectly reasonable prosecution to which a 'plea deal' should be made. The scariest part about this country are the people. You don't encounter those kinds of people in most of Europe.
He wouldn't have been charged with child pornography, the child filmed was himself. Child enticement, maybe. But seriously, when law makers created all these laws it was not their intent to send a 17 year-old to prison for 30 years because the idiot sent a picture of his under age genitalia to another teenager who was less than 2 years younger than him.
The lawmakers who created these laws intended to protect minors from their take on what represented sexual misdeeds by adults, nothing more and nothing less.
Don't think for a minute that had this young man been 18 instead of 17 that prosecutors would have cut him any slack. As I said before, he is extremely lucky that he was but 17. Had he had sex with his 15 year old girlfriend (legally incapable of consenting) that would have been statutory rape, for which he almost assuredly would be imprisoned from one to five years -- as I understand the penal code for statutory rape in Virginia.
That said, I would certainly agree that there are tons of bad state laws all across the nation.
I don't know where this sexting craze (my word) is going to end-up, but I don't think it is at all healthy or something that minors should be involved with or partaking in.
Lyndon Johnson had a quote about 'laws' that should be hung over the entry to every Legislature in the country.
"You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered."
Every year, states, municipalities and the federal government passes hundreds of thousands of new laws.
They hire tens of thousands of agents and officers and officials to 'enforce' them.
Is it any wonder we have more people in prison than anywhere else on earth?
Our legal system is comically dysfunctional but we're either too naive to realize it (BECAUSE AMERICA #1 #1 USA USA USA!) or maybe we've become too apathetic to do anything about it.
Read the original post. That guy thinks this is a perfectly reasonable prosecution to which a 'plea deal' should be made. The scariest part about this country are the people. You don't encounter those kinds of people in most of Europe.
I'm the guy you referenced.
I don't have the facts, nor do you. My opinion was formed from what I read, and I based my position as the OP on that (simply as a thread opener). Allegedly, the 15 year-old girl (legally incapable of consenting) asked him to stop. And it seems that he might have followed up with a video instead of a picture.
Different countries have different laws and customs that are based on values and/or principles that people in those countries value. I don't think that most Mothers in America or Europe would look lightly on finding that their 15 year-old daughter received pictures of an aroused young man much less a sex video, particularly if the girl had asked the offending party cease and desist.
The lawmakers who created these laws intended to protect minors from their take on what represented sexual misdeeds by adults, nothing more and nothing less.
Don't think for a minute that had this young man been 18 instead of 17 that prosecutors would have cut him any slack. As I said before, he is extremely lucky that he was but 17. Had he had sex with his 15 year old girlfriend (legally incapable of consenting) that would have been statutory rape, for which he almost assuredly would be imprisoned from one to five years -- as I understand the penal code for statutory rape in Virginia.
That said, I would certainly agree that there are tons of bad state laws all across the nation.
I don't know where this sexting craze (my word) is going to end-up, but I don't think it is at all healthy or something that minors should be involved with or partaking in.
He is still facing charges. They just are not longer going to pursue charges for production of child pornography.
Sexting is awful. What these kids can't seem to get through theirs heads is that they have no guarantee of privacy once they hit that send button. The only protection at all is that for the ones under 18 the person sharing the pictures can be charged with distribution of child pornography and those in possession of the pictures with procession of child pornography. However... if they pursue those charges more and more are facing being charged with distribution of child porn for sending the pictures of themselves in the first place.
Honestly, new laws need to be made to address sexting.
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