12 Year Old Girl Arrested For Distributing Nude Photo

re: 12 Year Old Girl Arrested For Distributing Nude Photo

balok — Fri, 27 Jun 2008 08:14:32 GMT

What Mr. Fairbanks seems not to realize is that legally, a 12-year old *cannot* consent to have pornographic images taken of her (I don't know whether the image in question is pornographic or not, and I don't really care to).

re: 12 Year Old Girl Arrested For Distributing Nude Photo

fitandfun71 — Wed, 25 Jun 2008 22:13:58 GMT

I'm not familiar with the specific statute that the Court is referring to, laws in that category usually require the INTENT to "breach the peace" or recklessly acting in a way that would breach the peace. I agree that it is unlike the prosecutors will be able to convict a 12-year old given what will be seen as her lack of truly understanding what she did.

I doubt the girl's attorney will have to bring up First Amendment issues in this case mainly for the reason explained above. Also Scanner Brian's comment that linked the First Amendment with vagrancy cases is incorrect; vagrancy laws (also known as loitering laws) are Fourth and Fourteenth Amendment issues - namely arresting people without probable cause.

re: 12 Year Old Girl Arrested For Distributing Nude Photo

AnotherSexBlogger — Wed, 25 Jun 2008 15:10:07 GMT

*Consenting* to having one's photo taken is not equivalent to consenting to having it distributed.

Unless the truth is option B and the subject of the photo really didn't care, you seem to be blaming the victim. How is this any different (other than in the obvious sense of degree!) than saying "well that will teach her to wear such an outfit at a place like that..."?

It's still a story that's good fodder for a light-hearted post, but blaming the victim leaves a sour taste in my mouth instead of a smirk on my face.

re: 12 Year Old Girl Arrested For Distributing Nude Photo

devilsadvocate — Wed, 25 Jun 2008 14:02:35 GMT

The girl should have been charged with making and distributing child porn. But because she is a young girl, probably well connected, she is treated differently than other people.

Throw the book at the kid...slap her with a sexual offender label for life...put her away for as long as the law allows.

There should be no double standards when applying child porn laws just because the person who made and distributed it is

a minor and a girl.

The law should apply equally to all.

I doubt that any lawyer who represents older Child porn makers or users would dare say "in light of how sensitive this case is for all the families involved, I don’t feel it’s appropriate to comment at this time,” as Mark Sherman, an attorney for the girl did without facing the wrath of the public.

Where's the outcry?