Virginia cops hoping to bust teen for child pornography by, er, taking photos of his erect penis

The kid’s 17, his girlfriend’s 15, and allegedly they ended up doing what horny teens in the age of ubiquitous smartphone cameras tend to do. Then, somehow, her mother found out. Potential result: Juvenile detention until he’s 21 and inclusion on the state’s sex-offender registry if the prosecution can prove that the video on his girlfriend’s phone is of him. Which shouldn’t be a problem, once the police forcibly induce an erection in him and take photos of it.

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In related news, I think I just endorsed Rand Paul for president.

“The prosecutor’s job is to seek justice,” said the teen’s defense lawyer, Jessica Harbeson Foster. “What is just about this? How does this advance the interest of the Commonwealth? This is a 17-year-old who goes to school every day, plays football, has never been in trouble with the law before. Now he’s saddled with two felonies and the implication that he’s a sexual predator. I don’t mind trying the case. My goal is to stop the search warrant. I don’t want him to go through that. Taking him down to the hospital so he can get an erection in front of all those cops, that’s traumatizing.”…

The case was set for trial on July 1, where Foster said Assistant Commonwealth’s Attorney Claiborne Richardson told her that her client must either plead guilty or police would obtain another search warrant “for pictures of his erect penis,” for comparison to the evidence from the teen’s cell phone. Foster asked how that would be accomplished and was told that “we just take him down to the hospital, give him a shot and then take the pictures that we need.”

Here’s Virginia’s child-porn statute, in pertinent part:

B. A person shall be guilty of production of child pornography who:

1. Accosts, entices or solicits a person less than 18 years of age with intent to induce or force such person to perform in or be a subject of child pornography; or

2. Produces or makes or attempts or prepares to produce or make child pornography; or

3. Who knowingly takes part in or participates in the filming, photographing, or other production of child pornography by any means;

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When I first glanced at the story, I thought the kid was being charged only for obtaining prurient photos of his 15-year-old girlfriend. In fact, per WaPo, he’s facing two charges, possession of child porn and manufacturing child porn. Is … that why cops want photos of his penis? They’re accusing him of victimizing himself? Or are they accusing him of victimizing her, “manufacturing” porn involving his girlfriend by enticing her into taking photos of herself, with the penis shot needed solely to confirm the identity of the boy who was soliciting her?

If you think it’s insane that a 17-year-old might earn a lifetime stigma as an officially designated pervert by the state of Virginia for something like this, there’s nothing in the child porn statute that appears to exempt someone of his age from charges. There are age-related restrictions — lesser sentences if the victim is between age 15 and 18, for instance — but nothing that says someone who is himself a minor can’t be charged as a child pornographer under the law. Tell your children: No sexting penis pics until they can vote!

Here’s video of the teen and his aunt via NBC Washington. WaPo withheld his name from their story because he’s underage, but the kid’s not seeking anonymity. He wants some public outrage over this and appearing in front of the camera is, he apparently thinks, the first step. Exit question: How come his girlfriend’s not being charged too?

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David Strom 4:40 PM | December 13, 2024
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