Child Porn in Denton County

OK almost a year ago I posted an article about Victoria Schattauer, a cheerleading coach in Goshen, Ohio, who took a topless photo with a 15 year old cheerleader and the picture was sent via text/photo message to the cheerleaders boyfriend. (Read More)

Well here we go again!

This time it does hit home Sanger, Texas (Denton County) 10/08/08

A 13 year old female student at Sanger Middle School sent a nude photo of herself to several male students. One of these poor guys has been singled out by authorities and was arrested and sent to a juvenile detention center for Possession of Child Pornography.

The boy is now, as I understand it, under house arrest. The other boys that received the photo have not been charged as of yet.

WFAA Channel 8 posted on their web site, “He’s a 13-year-old child. He’s in middle school. He’s supposed to be out there having fun, hanging out and playing football, which he loves to do. Instead, he’s having to sit at home with mom and dad,” said his mother.

Bethany Mitchell, a classmate said “I know some girl was taking pictures of herself and sending it to multiple guys. Obviously, they’ve still got their picture on their phone because they are now getting in trouble.”

OK now that you got the story, or at least what I found, here is my two cents!

If you are going to charge the boy with Possession of Child Porn, you need to charge the girl with making Child Porn. Next if the only charge is Possession of… get the records of the girls cell phone and charge everyone she sent the photo too, it’s only fair to the poor kid that was charged.

BUT WAIT! Don’t go getting all in a tither at me just yet.

First can they prove that the boy requested the photo? If not then it was unsolicited and how can you charge him for that, you should charge the girl with, not only making it but distributing it.

Next, for God sakes he’s 13, is he old enough to even know about the laws regarding Child Porn? For that matter, do you the reader know what Child Porn is? Here is a recap of my research on the matter from Last year!

Federal Statutes:

Title 18 of the United States Code governs child pornography. Chapter 110, Sexual Exploitation and Other Abuse of Children. 18 U.S.C. § 2256 defines “Child pornography” as:

“any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where –

(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or
(D) such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct . . .”

Sexually Explicit Conduct:

18 U.S.C. § 2252 prohibits the production, transportation, or knowing receipt or distribution of any visual depiction “of a minor engaging in sexually explicit conduct.” For the purposes of Title 18, 18 U.S.C. § 2256 defines a “minor” as any person under the age of eighteen years, and “sexually explicit conduct” as actual or simulated:

…….(E) lascivious exhibition of the genitals or pubic area of any person

Section (E) prohibits images of “lascivious exhibition of the genitals or pubic area.” Courts that have interpreted this section have done so broadly – “as used in the child pornography statute, the ordinary meaning of the phrase “lascivious exhibition” means a depiction which displays or brings forth to view in order to attract notice to the genitals or pubic area of children, in order to excite lustfulness or sexual stimulation in the viewer.”

Dictionary.Com defines Lascivious as:

las·civ·i·ous

Pronunciation[luh-siv-ee-uhs]

–adjective
1.    inclined to lustfulness; wanton; lewd: a lascivious, girl-chasing old man.
2.    arousing sexual desire: lascivious photographs.
3.    indicating sexual interest or expressive of lust or lewdness: a lascivious gesture.

Texas Penal Code Section 33.021 defines “Minor” as:

(A) an individual who represents himself or herself to be younger than 17 years of age; or
(B) an individual whom the actor believes to be younger than 17 years of age.

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OK all that being said, let me state for the record CHILD PORN IS WRONG! Also there is a difference between Porn and (Nude) Art. This line does get fuzzy I admit. Some Examples:

Venus de Milo (Art or Porn)

PersianKitty.Com (Art or Porn)

Ok Those are easy! Right? What about a little more on the fuzzy side Jock Sturges and David Hamilton. Both are acclaimed photographers (of art) but both have done work with nude minors. Both have been arrested and accused of child porn, both were cleared of charges, citing their work was that of Art ond not intended for sexual arousal.

Now my last thought on this particular story is WTF are 13 year olds doing with cell phones, let alone at school?!?!?

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In a related story to this and a close relation to my story from a year ago, lets go back to Ohio. Newark, Ohio thios time. Just this past week Fox News reported a story of a 15 year old girl, from Newark Licking Valley, accused of taking nude cell phone photos of herself and sending them to high school classmates.

The girl entered a denial of juvenile charges of illegal use of a minor in nudity-oriented material and possession of criminal tools.

A spokeswoman for the Ohio attorney general’s office says an adult convicted of the child pornography charge would have to register as a sexual offender, but a judge would have flexibility on the matter with a convicted juvenile.

OK, in this case the girl IS facing felony charges. Fox News also mentioned that local prosecutors are concidering charging those who recieved the photos. Again I think that charge is bullshit unless they can prove the receptants asked for the photos.

Maybe we should send nude photos to the authorities phones and then accuse them of invasion of our privacy!

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Well that is my two cents what is yours? Leave a comment!

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Published in: on October 9, 2008 at 1:25 pm  Comments (1)  
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One CommentLeave a comment

  1. wow very nice blog,very much informative! anywhere before anything like this unreadable, thanks for posting the article, was certainly a great read! thank you.


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