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The American Civil Liberties Union of Minnesota made a redacted version of the decision public Friday, saying the ruling by Rice County District Court Judge John Cajacob sends a message that prosecuting teens for sending explicit images of themselves isn't the intent of Minnesota's child pornography law.
According to court documents, the girl, who is not being identified because of her age, sent an image to a boy last fall and it was saved and shared with others. After a classmate reported it to police, prosecutors charged the girl with one count of felony dissemination of pornographic work.
In his Feb. 20 ruling, Cajacob wrote that Minnesota's child pornography statute is designed to protect children from victimization, and that using it to punish the girl for sending explicit images of herself "produces an absurd, unreasonable, and unjust result that utterly confounds the stated purpose of the statute."
"The punishment is vastly disproportionate to this girl's 'crime,'" Cajacob wrote. "This Court cannot see how subjecting (the girl) to registering as a sexual offender would protect her or teach her anything but that the justice system is cruel and unjust. The idea that heavy-handed enforcement of pornography laws is going to help these misguided, struggling teens is itself absurd."
He wrote that there are less restrictive ways to deal with the issue of teen sexting. For example, he said, Illinois courts may find a minor involved in sexting to be in need of supervision, and may order counseling or community service. Vermont has a specific statute for sexting that calls for a juvenile diversion program, expunges the charge once the child is 18, and specifically excludes registration as a sex offender.
Last week, we reported on the case of three Pennsylvania teens threatened with prosecution as child pornographers after school officials discovered cell-phone photos of the scantily-clad girls being traded by male students. Monday, a federal judge issued a temporary restraining order, finding that the girls (and their mothers) were likely to prevail in a civil rights lawsuit against Wyoming County District Attorney George Skumanick, and enjoining Skumanick from making good on his threat to file felony charges against the girls unless they agreed to participate in a five-week "educational" program.
In any event, the judge noted, Skumanick "does not appear to feel immediate prosecution is necessary to protect the public from the crimes that the girls here allegedly committed." Indeed, while Skumanick has painted his restraint thus far as an act of generosity, it does bear asking: if he really believed that the teens were guilty of felony child pornography, wouldn't it be grossly inappropriate to let them off with the equivalent of a few hours' detention and a homework assignment?
Skumanick himself has voluntarily agreed to provide the photographs at issue in the case to the teens' lawyers. He had previously refused to hand them over on the grounds that he would himself be guilty of distributing child porn if he did so. 59ce067264
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