Most folks understand the need for child pornography laws that make the distribution, creation, and possession of child pornography illegal. But what about the case of teenagers who are distributing images of themselves with one another? This is where the line becomes a little blurrier. But that hasn’t stopped Pennsylvania prosecutors from prosecuting teens under laws that are typically reserved for those that exploit children in order to protect children, not label children as sex offenders for doing something that consenting adults are free to do.
In 2012, Pennsylvania passed a law criminalizing the sending of nude images of one’s self if they are under the age of 18. While the law is less serious than a child pornography law, there are circumstances under which it can be prosecuted under the more serious child pornography laws, or considered a worse offense.
For instance, teen sexting laws can be treated with more severity in the instance that they disseminate photographs of another teen without their permission, and for the sake of harassing or humiliating that student.
Civil Rights Attorneys Argue the State Law Humiliates and Harasses Students
Imagine having your principal confiscate your phone, go through the images, and find a naked picture of yourself. The principal then refers the case to the district attorney who charges you under federal felony child pornography laws for distributing the image to a boy you like. You’re called before the court to answer for this crime all the while yourself feeling humiliated and harassed. While the 2012 law was put into effect in order to charge kids under a different law than the law that child predators are charged under, the criminal procedures used to prosecute the law were more or less left intact, regardless of the impact that it may have on the individual children in each case.
If you’re child has been charged of a crime, you need a Langhorne criminal defense attorney that will minimize the damage that they do. Richard Fink Law offices has handled a number of cases involving juvenile offenders, and is happy to help protect our children from aggressive prosecution.
If you have been charged with a crime and need legal representation, call criminal defense attorney Richard R. Fink. With over 40 years experience in his field Richard Fink can help you with your legal predicament. Call our office today! Conveniently located in Langhorne and Doylestown. Serving Bucks County, Montgomery County, Bensalem, Fairless Hills, Langhorne, Newtown, Richboro, Warrington, Warminster, Chalfont and surrounding! Call us now for a free consultation (215) 741-1212.