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by David Kravets - May 31, 2016 11:50pm MSK
Try to follow along. In Texas, it's legal to have sex with somebody as young as 17 years old. But it's considered child pornography to have nude pictures of somebody under 18, even if he or she is 17.
This means a 51-year-old Houston math tutor is facing 20 years in prison and may have to register as a sex offender for life in connection to accusations that his mobile phone contained child pornography—which were the nude photos that his 17-year-old student-girlfriend had texted him. The case against Aldo Leiva came to light after the girl's mother found explicit pictures on her daughter's mobile phone. The Houston Independent School District Police Department opened an investigation, which led to the charges against the Houston High tutor, according to court records.
Leiva posted $20,000 bond last week, and a local judge issued a no-contact order between the girl and the tutor. According to court records (PDF), the tutor gave police his phone and unlocked it for them, and nude images of the girl were allegedly recovered.
"We entrust our educators with the care of all children, and that includes 17-year-olds," Assistant District Attorney Patrick Stanton told the Houston Chronicle. "It's someone who was placed in a position to do a job and that job did not include developing inappropriate relationships with students that were in his care."
In addition to child-porn possession allegations, the tutor is charged with inducing the girl to send him nude photos—an alleged crime called "performance by child," according to court documents. The girl told investigators that the couple had a consensual sexual relationship.
The court record alleges that the two engaged in Batman-and-Robin-style sexual fantasy role-play via text messages.
"She's indicated to me that she wants to continue to have contact with him," Gary Tabakman, the defendant's attorney, told the Chronicle. "I would say that the aspects of this case are consensual, across the board."
Leiva's next court appearance is July 1.
David Kravets / The senior editor for Ars Technica. Founder of TYDN fake news site. Technologist. Political scientist. Humorist. Dad of two boys. Been doing journalism for so long I remember manual typewriters with real paper.
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Crime
Teen Allegedly Filmed 2 Other Students Having Sex in School Bathroom Then Shared It with Friends
Kyle Steven Bahner is accused of filming two other students who were in the middle of sex in a closed bathroom stall at Harrison High School in Kennesaw
A 17-year-old Georgia boy has been charged with a felony for allegedly secretly recording a video of two other teen students in the middle of sex in a school bathroom last week, PEOPLE confirms.
Kyle Steven Bahner faces a count of eavesdropping-surveillance for allegedly filming a male and female student — 16 and 15, respectively — while the latter two were engaged in a consensual sex act in a closed boy’s bathroom stall at their Atlanta-area high school on May 2, according to an arrest warrant obtained by PEOPLE.
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Bahner allegedly reached over the bathroom stall and began to record the pair from above, the warrant states. He then shared the video with his friends and soon it spread throughout the school via social media and platforms, authorities claim.
Police say the video was recorded without the pair’s knowledge and was reported the following day by an assistant principal at Harrison High in Kennesaw. All three teens are students there.
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Steven Bahner Credit: Cobb County Jail
“I took a video of a guy and a girl in a stall because I don’t see how they should let that happen and I was showing it to my friends,” Bahner allegedly told school administrators during their investigation, the warrant states.
He was arrested on Thursday after the school’s assistant principal reported the video to school district police. He was bailed out about an hour after his arrest, records show.
Under state law, Bahner is considered an adult for the purposes of criminal prosecution because he is at least 17 years old.
“This incident has been thoroughly investigated by school administrators and school district police. In addition to the criminal charge, appropriate action has been taken in accordance with the Student Code of Conduct,” the school district said in a statement to PEOPLE.
A district spokesman said he was unable to answer further questions.
It is unclear whether Bahner has an attorney who could comment on his behalf or if he has pleaded to his charge. He could not be reached directly on Wednesday.
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Teen Allegedly Filmed 2 Other Students Having Sex in School Bathroom Then Shared It with Friends
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