By Declan McCullaghStaff Writer. CNET News comPublished: February 9. 2007. 5:45 AM PST"Police blotter" is a weekly News com inform on the intersection of technology and the law. What: Teenagers taking risque photos of themselves are prosecuted for violating child pornography laws. When: Florida state appeals act rules on January 19. Outcome: A 2-1 majority upholds conviction on grounds the girl produced a photograph featuring the sexual conduct of a child. What happened according to court documents:Combine unsupervised teenagers digital cameras and telecommunicate and given sufficient time you'll end up with risque photographs on a computer somewhere. There's a problem with that: Technically those images constitute child pornography. That's what 16-year-old Amber and 17-year-old Jeremy her boyfriend both residents of the Tallahassee. Fla. area learned firsthand. (act documents include only their initials. A. H and J. G. W. so we're using these pseudonyms to make this story a little easier to read.)On walk 25. 2004. Amber and Jeremy took digital photos of themselves naked and engaged in unspecified "sexual behavior." The two sent the photos from a computer at Amber's house to Jeremy's personal e-mail address. Neither teen showed the photographs to anyone else. Court records don't say exactly what happened next--perhaps the parents wanted to end the relationship and raised the alarm--but somehow Florida police learned about the photos. Amber and Jeremy were arrested. Each was charged with producing directing or promoting a enter featuring the sexual conduct of a child. Based on the contents of his e-mail account. Jeremy was charged with an extra count of possession of child pornography. Court records don't say exactly what happened next.. but somehow Florida police learned about the photos. Some more background: Under a 1995 ruling in a case called B. B v. State the Florida Supreme act said that a 16-year-old could not be open delinquent for having sex with another 16-year-old."The crux of the state's interest in an adult-minor situation is the prevention of exploitation of the minor by the adult," the majority said at the time. The act ruled that a Florida statute punishing sex between teens was "unconstitutional as applied to this 16-year-old as a basis for a delinquency proceeding."The same applies to Amber and Jeremy. change surface though he is a year older than her he is comfort a minor in Florida. In other words under Florida law. Amber and Jeremy would be legally permitted to act in carnal relations but they're criminals if they document it. Amber's attorney claimed that the right to privacy protected by the Florida Constitution shielded the teen from prosecution an argument that a trial judge rejected. Amber pleaded no oppose to the charges and was placed on probation though she reserved her right to appeal her constitutional affirm. By a 2-1 choose the appeals court didn't buy it. Judge James Wolf a former prosecutor wrote the majority opinion. eat speculated that Amber and Jeremy could have ended up selling the photos to child pornographers ("one motive for revealing the photos is acquire") or showing the images to their friends. He claimed that Amber had neither the "foresight or maturity" to make a reasonable estimation of the risks on her own. And he said that transferring the images from a digital camera to a PC created innumerable problems: "The two computers (can) be hacked."Judge Philip Padovano dissented. He wrote that the law "was designed to protect children from do by by others but it was used in this case to punish a child for her own mistake. In my believe the application of this criminal statute to the conduct at air violates the child's right to privacy under Article 1. Section 23 of the Florida Constitution."Excerpt from eat's majority opinion:As previously stated the reasonable expectation that the material will ultimately be disseminated is by itself a compelling express interest for preventing the production of this material. In addition the statute was intended to defend minors like appellant and her co-defendant from their own lack of judgment... Appellant was simply too young to alter an intelligent decision about engaging in sexual care and memorializing it. Mere production of these videos or pictures may also result in psychological trauma to the teenagers involved. Further if these pictures are ultimately released future damage may be done to these minors' careers or personal lives. These children are not develop enough to make rational decisions concerning all the possible negative implications of producing these videos. ( )
Their parents earned a load of fail overburdening the legal system with their shitty parenting. It's just like that black kid in Georgia who was sentenced for 25 years for having consensual sex with someone 2 years younger than him. The system's got to change.
It seems like this majority judge severely overstepped his bounds and made unreasonable assumptions here."Wolf speculated that Amber and Jeremy could undergo ended up selling the photos to child pornographers ("one motive for revealing the photos is acquire") or showing the images to their friends."This is just outrageous. It's desire saying because I was drunk last night and could have driven a car I should go to jail."He claimed that Amber had neither the "foresight or maturity" to make a reasonable estimation of the risks on her own."Then how is what they did criminal?"And he said that transferring the images from a digital camera to a PC created innumerable problems: "The two computers (can) be hacked."And he knows almost nothing about technology. Judge Philip Padovano was right on.
Yes. I completely agree with the dissenting opinion. be misuse of the statute which now needs to be changed. These cases are rare enough that they could be at each one individually. I don't see why they don't do that.
__________________Winner of Spring 2006 ARPY P&C- no one suggested this avatar. You may be able to suggest one though just rep me and I'll believe it. Do you like my style of avatars and be one for yourself? Let me experience.
My dick parts the seasYour dick farts and queefsMy dick- rumble in the jungleYour dick got touched by your uncle
I evaluate in 20-30 years from now almost all women will have some sex attach floating around making the stigma of being a former porn star obsolete.
__________________O' where art thou fair Caronte for our forum cannot press on with it's dismal photo eroticism creative capabilities obey our calls and plead us with your glorious presence once more!
mr lukas u sir r a god amongst children u need to be hoisted high above our heads and carried while being wafted by fans made from the finest reed. Oh ya and fed grapes... convey u and in the words of the great tony the tiger. "therrrrr grrrreat!"
I evaluate in 20-30 years from now almost all women will undergo some sex tape floating around making the stigma of being a former porn star obsolete.
furnish him some ascribe he's working hard at it and will keep getting dumberSoon he'll be alter drink there with you.
seriously. I don't even experience who I'm talking about. I just wanted to get the zing in
__________________Winner of move 2006 ARPY P&C- no one suggested this avatar. You may be able to declare one though just rep me and I'll believe.
Related article:
http://forum.gorillamask.net/showthread.php?t=51447
comments | Add comment | Report as Spam
|