As the use of multi-media and technology have continued to advance and expand, it has resulted in significant increases in convenience and greater access to information. However, these advances also have had consequences that have not been embraced with the same enthusiasam. One of these developments that has dominated the news lately is the practice of “Sexting” by minors, which generally refers to a minor sending sexually explicit images or content via their cell phone through an email or instant message.
Recent embarrassing public disclosure regarding sexting by certain celebrities makes it clear that this practice is not limited to adolescents. When your teenager sends a semi-nude image, however, disclosure can mean more than embarrassment – an arrest and criminal charges may result. Six high school students in Pennsylvania currently are facing child pornography charges because of just such an incident.
The six high school students are all facing child pornography charges after three teenage girls took nude and semi-nude pictures of themselves and shared them with three male classmates via their cell phones. The female students were charged with manufacturing, disseminating and possessing child pornography, while the boys involved face charges of possession because the pictures were stored on their cell phones. While this may seem a bit overzealous, police and prosecutors are taking a hard-line toward underage sexting.
If a person is under the age of 18 and sends a nude, or semi-nude picture of oneself, he or she may be charged with distribution of child pornography, which is a felony. Anyone who forwards a nude or semi-nude picture of a person under 18 also may be charged with distributing child pornography. A person who keeps a nude or semi-nude picture of someone under the age of 18 on his or her cell phone may be considered in possession of child pornography, which is also a felony.
If your teen is convicted of child pornography charges, it can result in serious jail time and a requirement that your teen register as a sex offender. While it may seem that the concept of charging a high school girl with child pornography for sharing a semi-nude photo with her boyfriend is far removed from what the legislature had in mind, prosecutors are not backing down. As support for the hard-line position taken by prosecutors, they point to an Ohio incident in which a teenage girl killed herself over a nude photo that her boyfriend redistributed to other students.
Although the ACLU an others are challenging this strange application of child pornography laws that turn traditional victims into perpetrators, these charges are very serious and could seriously impact your teen’s future. The charges in the Pennsylvania case have also been challenged on the grounds that semi-nude pictures do not constitute “child pornography” under the Pennsylvania Criminal Code because they do not depict explicit sexual activity or display the girls’ pubic areas. Given the rising popularity of sexting amongst teens, the results of this case could have far reaching implications for many teens and their parents. If your teen has been charged with a child pornography, our experienced teen criminal defense attorney in Pittsburgh can help.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
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