It’s just the next step in the anti-sexting, anti-child pornography hysteria

Law enforcement and child “protection” (read: prosecution) officials’ behavior of charging kids who send “sexting” pictures of themselves to others with possession of child pornography has gone on for long enough. Indeed, it’s now time for the next step up in the anti-sexting, anti-child pornography craze: treating – and charging – these child and adolescent “victims” of “sexting” as producers (and distributors) of child pornography.

Seriously.

That the 3rd U.S. Circuit Court of Appeals would even need to hear oral arguments in the case of Miller, et al. v. Skumanick last week is a pretty good indication that law enforcement officials in Wyoming County, Pennsylvania have lost their collective minds.

At issue in the case: Whether the U.S. Constitution permits prosecutors to charge minors who pose for nude or risque photos with child pornography. You read that correctly. In order to protect children from predators and child pornographers, the local district attorney is threatening to prosecute minors who pose for racy photos as if they were child pornographers.

Even within the context of the already hysterical overreaction to the "sexting" phenomenon, the facts in Miller are jaw-dropping. Of the three girls bringing suit, two were photographed at a slumber party wearing training bras. The third photographed herself baring her breasts, then sent the photo to a boy she'd hoped to make jealous. The girls aren't in trouble for distributing the photos, or even for taking them. They've been introduced to the criminal justice system merely for appearing in them.

Wyoming County District Attorney George Skumanick, Jr. gave the girls a choice. The first option was to face felony child pornography charges, punishable by up to 10 years in prison. The second was to attend a series of Skumanick-chosen classes, which according to the Pennsylvania ACLU included topics such as "what it means to be a girl in today's society" and "non-traditional societal and job roles." The girls would also be put on probation, subject to random drug tests, and would have to write essays explaining why appearing in photos while wearing their bras is wrong.

Skumanick would later tell a gathering of students and parents that he had the authority to prosecute girls photographed on the beach in bikinis, because the minors would be dressed "provocatively." He told the Wall Street Journal that by offering the girls the classes and probation instead of immediately hitting them with felony charges, "We thought we were being progressive."

Of the 19 minors Skumanick targeted, 16 chose the classes. The other three took Skumanick to court, where they won a restraining order. Skumanick appealed. To the credit of the people of Wyoming County, after 20 years in office Skumanick lost his bid for reelection last November. But his office continues to fight.

But this isn't just an isolated case of a renegade D.A. There have now been several cases across the country where young people who either pose for, snap, or forward provocative or nude photos of other minors are being charged or threatened with felony child pornography. In 2007, a state appeals court in Florida upheld charges of "directing or promoting a photograph featuring the sexual conduct of a child" and possession of child pornography charges against a 17-year-old boy and a 16-year-old girl for forwarding explicit photos of themselves having sex from her computer to his email address. The sex wasn't illegal. But the photos were. Incredibly, Judge James Wolf wrote in the majority opinion that "Mere production of these videos or pictures may...result in psychological trauma to the teenagers involved. Further, if these pictures are ultimately released, future damage may be done to these minors' careers or personal lives."

The message to minors: These photos can ruin your lives, kids. And just to prove it, we're going to ruin your lives.

[my emphasis]

Amen. I dunno which is the most incredible and revolting: that these kids can be prosecuted as freakin’ child pornographers when there is no such intent, context or content, or that there are supposedly sane and responsible adults who actually think that way and support such a vile, stupid and ridiculous notion.

(via The Agitator)