Judging by the string of harsh comments to this report (which use various derogatory words to describe the charges), many people are outraged that such behavior, while improper, is a crime. Could this case, which is reportedly receiving national attention, potentially be the impetus for a legislative change?
Judging by the string of harsh comments to this report (which use various derogatory words to describe the charges), many people are outraged that such behavior, while improper, is a crime. Could this case, which is reportedly receiving national attention, potentially be the impetus for a legislative change?Instead, they suggest that the behavior is a discipline issue that should be privately addressed by parents at home.
In North Carolina, it is a crime (called sexual exploitation of a minor) to possess an image of a child under the age of 18 engaged in sexual activity. § § 14-190.13, 14-190.16, 14-190.17A, 14-190.17.) For more information, see Child Enticement Laws in North Carolina. § 2251.) It’s also a federal crime to use a computer to ship, transport, receive, distribute, or reproduce for distribution a depiction of a minor actually engaging in sexually explicit conduct, or any material that otherwise constitutes child pornography. The Federal Juvenile Delinquency Act (FJDA) generally provides that, where possible, juveniles should be prosecuted in state—not federal—courts. For example, a teenage girl who allows herself to be photographed engaging in oral sex could be convicted of making an obscene photograph. Disseminating obscene material to a child under the age of 16 is a Class I felony, punishable by three to 12 months in prison.
Sexual activity is broadly defined to include touching of any private part of the body or any display of the genitals. Depending on the circumstances, sexting may also be a crime under federal law. § 1466A(a)(1).) Federal law also criminalizes causing a minor to take part in sexually explicit conduct in order to visually depict that conduct. It’s another federal crime to promote or solicit sexually explicit material involving a minor. It also is a crime in North Carolina for anyone over the age of 18 to disseminate (sell, furnish, present, or distribute) to a child under the age of 16 any obscene material, such as pornography. Disseminating material that is harmful to minors and making obscene photographs are Class 1 misdemeanors, punishable by up to 120 days in jail.
In response to these concerns, this post examines the criminal laws in NC that Sexting, which typically involves sending sexually explicit photos or messages via cell phone, is a recently new phenomenon that emerged with the increased use of cell phone cameras by teens.
Despite growing attention to the issue in NC ( Jeff Welty’s 2009 blog post on sexting), lawmakers have not yet enacted a law that specifically addresses teen sexting. Surely, lawmakers could not have intended such a harsh consequence for a teen who sends a nude selfie to his girlfriend or vice versa.
14-190.17, is a Class E felony committed by one who records, photographs, duplicates, or receives material that depicts a minor engaged in sexual activity.
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Avant que nous puissions vous montrer une liste et des photos de femmes qui vivent près de chez vous et sont prêtes à avoir des relations sexuelles dès maintenant nous devons nous poser quelques questions rapides.
As a result, teens who engage in sexting are often charged with violating laws that prohibit child pornography and obscenity, which were designed to punish adult predators who sexually victimize children. 14-208.6(5) (defining sexual exploitation of a minor as a “sexually violent offense” which requires registration under G. There are certainly less serious offenses that would provide appropriate consequences for the conduct without giving a 17-year-old a sentence as both a convicted felon and registered sex offender. It appears that there are three categories of criminal offenses that can possibly be used to charge minors (under the age of 18) with sexting: obscenity, disseminating material harmful to minors, and sexual exploitation of a minor. 2256(2)(A)(v), similarly defines “sexually explicit conduct” to include the “lascivious exhibition of the genitals or pubic area of any person.” In determining whether a visual depiction of a minor meets this definition, federal courts consider factors such as whether: the image is focused on the child’s genitals or pubic area, the setting is sexually suggestive, and the child is fully or partially clothed, or nude.
The quarterback in the Cumberland County case, for example, is charged with sexual exploitation of a minor, a felony which requires mandatory sex offender registration upon conviction. is a Class I felony committed by intentionally disseminating obscenity or creating, procuring, or possessing obscene material with the intent to disseminate it.