Legislation to control the activities of paedophiles, is catching teenagers.
A 14-year-old girl has been accused of child pornography for posting nearly 30 explicit nude pictures of herself on MySpace.
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The teen was charged with possession of child pornography and distribution of child pornography.She was released to her mother’s custody.
If convicted of the distribution charge, she would be forced to register with the state as a sex offender under Megan’s Law, said state Attorney-General Anne Milgram.
She also could face up to 17 years in jail, though such a stiff sentence is unlikely.
More discussion at Wired.
Critics say the criminal charges against minors, under laws that were meant to protect them from adults, is the wrong way to address the issue of teens exploring their sexuality. Law enforcement’s reaction effectively turns victims into perpetrators, they say.
“The problem is that the child porn laws were really designed for a situation where an adult abuses a minor by forcing that minor … psychologically as well as physically … into taking these pictures,” said Mark Rasch, a former federal cybercrime prosecutor. “But when the person takes the picture herself or consents to the picture being taken, it turns the whole statute on its head.”
They also note that a child who retains nude pictures of themselves as a child past the age of 18, are putting themselves at risk.