March 29, 2010
Teen sexting resources
"Sexting" is a hot topic these days, especially in the wake of this month's U.S. Third Circuit Court of Appeals ruling in Miller v. Mitchell that it is unconstitutional to prosecute teens for child pornography solely based on their cell phone photos. The highly publicized Pennsylvania case illustrated the unintended consequences of current sex offender hysteria. The district attorney's office in Wyoming County had threatened to prosecute a teenage girl on felony child pornography charges unless she underwent mandatory reeducation. An appellate court barred the prosecutor from retaliating against young Ms. Doe for invoking her constitutional right not to attend the education program.
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This isn't surprising to me. When do our personal rights become public and criminal? My son went to prison for something similar - it was internet chat - only. He never met the young lady. Interesting that it wasn't called "sexting" in 2006, but "Computer Aided Solicitation of a Minor" for explicit type chatting. I don't condone it, but, it was not criminal in intent. It floors me and I fight every day for his life. He is unsafe by being on a public registry, just as the rest of these fellas and ladies are. It is unjust and cruel and unusual punishment and I won't quit till he's off of it.
ReplyDeleteOf the 200+ former offenders I know personally, not one of them touched a child. I don't get how the hysteria has claimed every one of the "sex offenders" has hurt a child, therefore cannot live in the house with one (even their own children in many cases), cannot attend church (welcome to the South), cannot drive by a day care center or arcade facility (again, the South) and such. Every person is given the same rules to go by whether they hurt a child or not. It's insanity in the law system and it doesn't seem to quit - it's getting worse, especially in Louisiana with a Governor so against these "Monsters" as he calls them, he wants them all to live in Angola State Prison and be chemically castrated STILL.
I pray every day that they'll gain some sense of right for the non-violent former offender who never hurt a child. Our sheeple have grown too "accepted" of what the media and newspapers say and forget to look into the FACTS of the matters.
thank you for encouragement in these tough times and I pray with your help, my son, along with many thousands of other young adults will be relieved from this mess of a registry.
Just for the record, Miller v. Mitchell does not make it unconstitutional for teens to be charged and convicted of child pornography because of the pictures on their phone...if the pictures satisfy the state statute or federal statute, the kids are fair game. The 3rd circuit ruling only ruled that it's unconstitutional and a violation of the first amendment to coerce the students to write the essay. Now that the circuit court has ruled, prosecution of the teens could still be possible if a judge finds the state has a case.
ReplyDeletei believe miller said that proof a photo was taken of you does not constitute probable cause to believe you ever possessed the photo.
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