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View Full Version : Teen sends dick pic to 22-year-old woman, now he’s a child pornographer



Teh One Who Knocks
09-15-2017, 11:18 AM
Cyrus Farivar - ars technica


https://i.imgur.com/R77umJ4.jpg

The Washington Supreme Court has upheld the conviction under state child porn laws of a 17-year-old boy who sent a picture of his own erect penis to a 22-year-old woman. The case illustrates a bizarre situation in which Eric Gray is both the perpetrator and the victim of the crime. Under state law, Gray could face up to 10 years in prison for the conviction.

On appeal, Gray's attorneys had argued that the language of the law was ambiguous—lawmakers did not anticipate a situation like this—and that the law was potentially in violation of the state and the federal constitutions. The court, in a 7-1 ruling, disagreed.

The majority opinion issued Thursday drew a distinction between this case and situations where teens are busted for consensually sexting one another—as Ars reported in 2015. (A Drexel University survey from 2014 found that, while the majority of teens sext with each other, an even higher percentage were unaware that engaging in such behavior could be prosecuted as child pornography.)

"We also understand the worry caused by a well-meaning law failing to adapt to changing technology," the court wrote.

"But our duty is to interpret the law as written and, if unambiguous, apply its plain meaning to the facts before us. Gray's actions fall within the statute's plain meaning. Because he was not a minor sending sexually explicit images to another consenting minor, we decline to analyze such a situation. The statute here is unambiguous. A 'person' is any person, including a minor. Images of a 'minor' are images of any minor. Nothing in the statute indicates that the 'person' and the 'minor' are necessarily different entities."

In a dissent, Justice Sheryl Gordon McCloud noted that Gray—who had already been registered as a sex offender for a separate crime and had been diagnosed with Asperger's Syndrome—would be better served not through incarceration but with proper medical and therapeutic treatment.

"The majority, however, holds that the statute takes the punitive approach to the depicted, vulnerable victim child," she wrote. "I can't believe the legislature intended that absurdity, either."

Tamar Birckhead, a Connecticut-based lawyer who has worked on numerous sexting-related cases, agreed. She e-mailed Ars that the court's ruling "does stretch credulity to claim that criminal prosecution of kids for sexting photos of their own bodies is a rational response."

RBP
09-15-2017, 12:09 PM
I really don't have an issue with this, as long as the prosecutions are not only the boys. I have read that states enacted special laws, but haven't kept up on this issue.

Teh One Who Knocks
09-15-2017, 12:14 PM
I really don't have an issue with this, as long as the prosecutions are not only the boys. I have read that states enacted special laws, but haven't kept up on this issue.

Do you honestly think that if a 17 year old girl had sent a pic of her pussy to a 22 year old male, that she would have been charged exactly the same way? And funny how it doesn't mention whether the woman who received the dick pic was charged with receiving and/or possession of child pornography. I'm guessing she wasn't charged at all which is bullshit because how can she not be charged with having child porn if the kid is being convicted of producing child porn?

RBP
09-15-2017, 01:02 PM
Do you honestly think that if a 17 year old girl had sent a pic of her pussy to a 22 year old male, that she would have been charged exactly the same way? And funny how it doesn't mention whether the woman who received the dick pic was charged with receiving and/or possession of child pornography. I'm guessing she wasn't charged at all which is bullshit because how can she not be charged with having child porn if the kid is being convicted of producing child porn?

I completely agree.

Edit: Adding... that has always been my position. It's either child porn or it's not. You can't give a pass to the producer as "sexting" then prosecute the exact same image downstream, wherever it may end up. It's either both or neither.