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Thursday, April 13, 2006

Teens charged in child-porn case

Three Rhode Island girls, two 16 and one 19, recently were arrested and charged with conspiracy. One of the 16-year-olds allegedly took sexually explicit photos of the other two girls, the Associated Press reported, who were arrested earlier for posting the photos on their MySpace pages. The photos were discovered by a police officer "assigned to Lincoln High School who regularly monitors the site," the AP added. I asked an attorney at the National Center for Missing & Reported Children if she believes it's increasingly possible that minors will be up against adult-level prosecution in cases where they "distribute" child pornography like this. Mary Leary, deputy director of the Center's Office of Legal Counsel, replied that kids do "face the 'possibility' of charges much more so now than in the past. However, particularly when the images are of the youth him/herself, the appropriate response from prosecutors is unclear and very jurisdiction-specific. In situations such as that referenced in the AP report, this will be a fact-specific review to see the purpose for the posting, circumstances of the posting, and applicable law." Parents and kids will want to note what Ms. Leary says here: "In many jurisdictions youths will be charged with such offenses, notwithstanding a lack of understanding they were dealing in child pornography." She adds that "there are additional repercussions as well for such actions, even if the product of bad judgment ... [including] charges unrelated to child porn, such as harassment, aiding and abetting, and conspiracy charges. Civil liability should also be a concern."

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