“Sexting” and Child Pornography Laws in Los Angeles
Child pornography lawyers in Los Angeles are accustomed to defending adults, those over the age of 18, against accusations of owning or creating child pornography. However, a new form of child pornography is being created by children themselves, and while they see it as harmless the child pornography lawyers in Los Angeles are having to adjust to an entirely new set of laws regarding “sexting.”
Child pornography is illegal in any form in the Los Angeles as well as in the United States. It is legally defined as:
- any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where
- the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or
- the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
- the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
Cultural trends, however, appear to be wading in to some murky water with the rise of “sexting.” Sexting, a popular nickname for the practice of taking nude or partially nude photos of yourself then sending them to friends as a text message or posting them online, is quickly gaining popularity among teenagers.
School officials in Tunkhannock, Pennsylvania found sexually suggestive photos on 17 female student’s mobile phones last fall. Pennsylvania prosecutor George Skumanick threatened to press felony child pornography charges against the girls unless they agreed to participate in a “re-education” program. All but three girls agreed. The remaining three girls and their parents subsequently contacted the American Civil Liberties Union (A.C.L.U.) and sued Skumanick, saying the photos were not in violation of existing obscenity laws and were protected under the First Amendment. While the girls were not depicted engaging in sexually explicit acts, several photos were found of them in various stages of undress.
As of March 30, 2009, a federal judge had issued a temporary restraining order barring Skumanick from filing charges against the girls. Witold Walczack, attorney for the A.C.L.U., welcomed the decision saying, “This country needs to have a discussion about whether prosecuting minors as child pornographers for merely being impulsive and naive is the appropriate way to address the serious consequences that can result from sexting.” Skumanick, for his part, is concerned about what he sees as a potential loophole for the production and distribution of child pornography.
Our Los Angeles Criminal Defense Lawyers aggressively defend charges of Child Pornography, and have utilized the latest court ruling in California interpreting Penal Code Section 311.11. The ruling states that an individual who possesses multiple images of child pornography on a computer can only be convicted of one count of possessing such images. In other words, if the police recover a computer with multiple images from suspect’s home, the defendant can only be charged with one criminal violation.
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