Law didn't anticipate cell phone photo case

[richalisoviejo]

A 15-year-old girl is accused of distributing nude photos of herself to other minors, and one state legislator is questioning whether she should be l
The 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 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.

Should this 15-year-old girl, who distributed nude photos of herself to other teens via a cell phone, be criminally punished for a sex offense and be required to register as a sex offender?
Is a cell phone a "criminal tool?"

 

[Itort]

Perhaps she should also be put in stocks in the town square and be required to wear a scarlet P (for pornigrapher). Seriuosly, I don't think a youthful indescrition should be punished in this manor. If she had done a more serious crime, her crime would be sealed and forgiven at majority. A cellphone is no more criminal tool than a screwdriver. I didn't realize this was the 1600's.

 

[richalisoviejo]

Perhaps she should also be put in stocks in the town square and be required to wear a scarlet P (for pornigrapher). Seriuosly, I don't think a youthful indescrition should be punished in this manor. If she had done a more serious crime, her crime would be sealed and forgiven at majority. A cellphone is no more criminal tool than a screwdriver. I didn't realize this was the 1600's.

I agree. Perhaps a prosecutor may pigeon hole this girl's conduct into the four-corners of a sex offense statute, but the purpose of the juvenile justice system is to rehabilitate rather than punish. Perhaps a more general "disorderly conduct" misdemeanor charge would serve the purpose of rehabilitation rather than placing a label on her that may have adverse consequences for the remainder of her life.

The prosecutor thereafter used the felony sex offense charges placed against this girl as a "tool" to gain entry into high schools and to lecture the students about the adverse consequences of using their electronic devices to send unacceptable materials to others. The girl exploited herself (perhaps as a cry for help)--and now she's being exploited by the system.

 

[Laura]

She and her friends need some couseling on proper etiqute and the dangers out there. She needs her hands slapped and No she shouldnt have to register..
As for that registry.. They need levels.. a 20 yo guy who has a younger 17 yo girlfriend, shouldnt have to register either.. or if he does.. dont post it on a public list.. That isnt a 'crime'. Child Molesters vs Violent rapists Vs flashers Vs underage girlfriends vs posting pics of ones self. vs posting pics of others without consent or children.. Lots of differences and need lots of levels to deal with differently.

 

[richalisoviejo]

IMO to me, it sounded much more like the prosecutor was PUBLICIZING this CONFIDENTIAL juvenile court matter, in violation of the rules of professional conduct, as his cause celeb--after all, he is running for re-election--and this defiant girl who is currently living in foster care--who needs an "attitude" adjustment--was ripe for the picking.

 

[jorrow]

It was from my understanding that there were many girls and 2 of them refused to go to consuling and classes pertaining to their actions..... So if this is in fact the case then they need to be made an example of.

 

[richalisoviejo]

The prosecutor issued a public statement stating his purpose in charging the girl with a sex offense is to teach this girl and others a lesson because she allegedly failed to heed his warning: The prosecutor should not have issued a PRESS RELEASE concerning a confidential juvenile court matter. In this scenario, the prosecutor is misusing rules of professional conduct and is using a troubled "foster care" child (and how did the free press find out that confidential fact?) to pursue a cause that gets HIM a lot of attention.

The way he went about this matter is outrageous. IMO this is not justified. It should be taken out of the courts entirely and turned over to social service agencies.

 

[Jentortmom]

I agree that girl needs help not jail. Kids are kids and do stupid things, they should be taught not to. She obviously is not getting very much support and guidance, As for the prosecutor, I would be suing him for taking advantage of this situation to boost his career and put that money in a trust for this girl's education.

 

[ZippyButter]

This girl's family can find a good attorney and go after the cell phone industry for not disclosing all the pro and con of using their products. My point is, one has to know to put a product into good use, and sometimes children are not mature enough to distinguish between right and wrong before making their decision.

Minh