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The American Civil Liberties Union wants a Minnesota judge to dismiss charges against "Jane Doe," a 14-year-old girl in trouble for sending a sexually explicit picture of herself to another teenager.
Authorities charged Doe with distributing child pornography, even though the only image she circulated was of her own body.
"She was not an exploited child victim," Teresa Nelson, legal director of the ACLU-Minnesota, wrote in an article about the case. "She was exhibiting normal adolescent behavior in the digital age."
The ACLU has filed an amicus brief in support of a motion to toss the case. According to CBS Local, Doe sent the picture via Snapchat to a male classmate she liked. The boy then did what other kids in such a situation have done: shared it with his friends. Everybody involved was charged with distributing child pornography, including Doe.
"Sexting is common among teens at my school, and we shouldn't face charges for doing it," Doe said in a statement.
The case is reminiscent of one involving an Iowa 14-year-old who drew sexual exploitation charges for sending an explicit photo of herself to a boy. The image was "less 'racy' than photographs [kids] see in fashion magazines and on television every day," according to the girl's parents, but the county prosecutor went after her nevertheless.
Protecting teens from predatory adults is one thing. Protecting them from their own choices and curiosities is something else. Actually arresting them is a third, even stupider thing. A criminal conviction is much more terrible to endure than the humiliation of a shared sext.
This year, at South by Southwest in Austin, Texas, I will be leading a panel discussion about why the criminalization of teen sexting is bad for kids and their families. I'll be joined by The Atlantic's Emily Yoffe, St. Francis College's Amy Horowitz, and Amy Lawrence, the mother of a teenage boy whose arrest for sexting was covered here at Reason.
Robby Soave is a senior editor at Reason.
Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.
This is why “what not to do with your cellphone” needs to be part of “the talk” these days. Sorry kids, you’ll have to wait till you’re 18 to sext with pictures.
It’s definitely a requirement in a world of insane policy.
Yeah because “the talk” has been so very good in the past at preventing under-age fornication.
I imagine it would be more effective if there were felony charges for teenage sex.
Just wanting to ensure that there are no gaps in the school to prison pipeline?
Yeah, I doubt that many of the kids who have been caught doing this had parents who sat down and explained that if they do it they are, according to the law, distributing child porn which is highly illegal, and comes with such lovely punishments as being labeled a felon and dangerous sex offender for life, losing the right to vote, the right to ever own a firearm, having to check in with the police every month for life lest you go back to prison, not being allowed to take your own kids to school or ever be involved in their school activities, etc.
Sure, some might, but I bet most wouldn’t.
Tangentially, I bet a lot of kids wouldn’t smoke weed either if their parents made it really clear that Civil Asset Forfeiture exists and that the parents could lose the family home, cars, and everything if the kid is caught in possession.
Or end prohibition & exempt anyone under “the age of consent”.
Sadly that is outside of my power. As a parent I can try to make sure my kids make informed decisions
Most parents tell their kids what not to do with phones. It doesn’t stop kids.
Telling kids not to consume porn or masturbate also hasn’t really stopped them.
If I had the modern internet when I was a kid, I would have never gone to school and used large amounts of kleenex.
Meh … My older brother’s comic books and the science fiction paperbacks from the 1970’s in his room were the reason I took so many “sick day” in 6th grade.
Plenty of parents tell their kids not to do drugs, get in fights, drink, or pull stupid illegal stunts, but it hasn’t really stemmed the tide of those.
A 14 year-old is unlikely to care which are felonies and which aren’t.
“She was exhibiting normal adolescent behavior in the digital age.”
And this is the normal adolescent behavior that hardened investigators and fair but extremely firm prosecutors are working long nights to break, through close, rigid examination of photo and video evidence of these foul perpetrators’ misdeeds against helpless teenage victims.
“fair but extremely firm prosecutors”
Okay, that made me laugh. Fair prosecutors are unicorns.
Hopefully this will be added to child sex trafficking statistics.
It’s the only way to reassure ourselves that we’re properly addressing the “problem”.
“I’ll text you mine if you text me yours.”
Prosecutorial discretion is necessary because resources are limited and lawmakers are overzealous. It’s supposed to be used to protect people who broke the letter of the law without breaking its spirit, or at least to give a break to people who really aren’t hurting anyone else. In reality it is often used to punish people the prosecutor doesn’t like for whatever reason or to get easy plea deals to increase the prosecutor’s “success” rate. Note that this case wouldn’t be recorded as a successful prosecution of a 14-year old girl. It would go down as a successful prosecution of a sex predator. How awful of a person do you have to be to be willing to ruin a girl’s life just to get yourself one step closer to that juicy judge’s robe?
I’m sure the pricksecuting attorney will say pour encourager les autres – assuming he speaks a little French.
Can you text me a pic of said “juicy judge” please?
I feel kind of like this is the kind of story that maybe doesn’t need an accompanying graphic…or, at least, maybe not a graphic of a young girl texting on her phone.
Fool, that’s a picture of Robby. His hair does that sometimes.
Babies sexting babies. This demands massive government resources and financial ruin for the family, of course.
The only reason kid porn is not constitutionally protected communication is that its production was deemed to do harm to subjects unable to give legal consent to the producers. I’d like to see how that rationale could be stretched by an appeals court to include self-production like this.
It doesn’t matter what the text of the law says; given the Supreme Court precedents, this is unconstitutional as applied.
Which is, incidentally, the ACLU’s first argument in its brief.
I’d like to know how a court can convict a person as an adult for something that’s only an offense because she’s not an adult.
“Because…umm…she might start…trafficking herself?”
Prosecutors: Sexting can ruin your life and we are going to prove it to you.
Nowdays, there are whole sub-industries that are more or less (more) based on ruining people’s lives for smokin’ da herb. Police and prison guard unions, private prison industry, “rehabilitation” facilities, Big Pharma, Big Liquor…just the tip of a very large and remunerative iceberg that includes the courts, lawyers, federal agencies of many stripes and on and on…all good upstanding citizens whose pockets are lined by creating misery for other citizens.
So don’t be surprised if the moral argument against ruining the lives of children fails to overcome the simple consideration of financial gain.
You know, my wife recently brought up the question of when is the appropriate age to give your kid a cell-phone and I replied 18. This article has not helped to change my mind on that.
Wait, you believe that adequately explaining to children would persuade them to not do such activities but also that they shouldn’t have a cellphone until they’re a legal adult? Why not just talk to your children and allow them to have a cellphone?
Is it just your children that wouldn’t understand? If that were the case, I suppose it makes sense.
I think that adequately explaining to children the consequences for themselves and their family would dissuade most of them. I don’t think it would dissuade them all. I’m risk averse, so I’m willing to curtail their access.
In the case of weed, I can’t really eliminate access. All I can do is tell them that any of their friends that is doing it is not welcome on my property.
However, feel free gorms, to assume your parental admonitions have sufficiently dealt with any problems that might arise. Some would consider that unrealistically optimistic, perhaps even naively taking the position that the parents of kids who DO get in trouble have simply failed to be as good a parent as you are. Which is not only smug, but kind of shitty.
I mean, you’re only betting your kids lives and if they squander their access to your wisdom…what? Fuck ’em?
If you think it’s just Americans who’re nuts.
And yet more prima facie that Age of Consent laws as they are applied now are fucking moronic. This is the horrific intersection of Dirtbag Politicians/Prosecutors, Puritanical Fundie Conservatards, Authoritarian Progtards, Anti-Sex Third-Wave Feminists and every other “Think of the Children” pea-brain. G. Stanley Hall is (hopefully) rotting in Hell for creating this boondoggle with his horseshit “teen brain” bullshit at the turn of the 20th Century.
That’s a good list of answers for “How the fuck did we get HERE?”
This is insane. This is a parental issue, not a State issue. The judge should toss the case and rip the District Attorney, on the record, a new one for wasting resources on this. The criminalization of stupidity is not something we should encourage.
Ah, but we must protect the children,….from the children!
If you can get yourself into a headspace where human suffering doesn’t bother you, then you can appreciate this as a rare opportunity to watch the exact moment, the green flash when a behavior transitions from “kinda awful” to directly maladaptive bullshit where animals kill their own offspring and try to raise discarded plastic bottles in their place or some shit.
Naw…that would be silly. It’s “furbabies” now. Cross-species transference of such social constructs as “maternal instinct” and “kin preference”. The flip side of “gender fluid”, which does not mean what I used to think it meant.
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14-year-old suspect in killing of 13-year-old Florida girl took selfie in back of police vehicle
While flashing a peace sign, the teen suspect in the death of Tristyn Bailey posted the photo along with the words, "Hey guys has inybody seen Tristyn lately."
Teen slaying victim Tristyn Bailey died from a stabbing at the hands of a 14-year-old suspect who posted a selfie from the back of a police vehicle after she went missing, authorities in North Florida said.
Bailey, 13, a cheerleader at Patriot Oaks Academy in St. Johns, was found dead in a wooded area of the Jacksonville suburb at about 6 p.m. Sunday, according to the St. Johns County Sheriff’s Office.
A girl resembling Bailey was captured on surveillance video early Sunday at about 1:15 a.m. walking in a residential neighborhood in St. Johns. Also on camera, police said, was a subject resembling the suspect in the case.
The suspect, who NBC News is not identifying because he is a minor, is charged with second-degree murder. Jacksonville attorney Andy Snober, who is representing the teen suspect, could not be reached for comment Wednesday.
St. Johns County Sheriff Rob Hardwick alleges the suspect killed Bailey with intent.
“I worked homicide for almost 12 years. This is nothing even nearly remote to being an accident,” Hardwick told NBC affiliate WTLV in Jacksonville on Tuesday. “This is a heinous crime. … It’s a stabbing death of a 13-year-old girl by a 14-year-old boy. So, we’ve got a lot of work to do."
Hardwick also told the news station the suspect is not cooperating with police and investigators may have found the weapon used in the homicide. “We’re hoping we’ve collected the murder weapon,” Hardwick said, but investigators are still waiting for forensic tests to be completed.
The sheriff's office confirmed to NBC News on Wednesday that the suspect posted a selfie to social media on Sunday while flashing a peace sign from the back of a police vehicle. A representative with the office said the suspect took the selfie while Bailey was still missing and he was only considered a witness.
"Hey guys has inybody seen Tristyn lately" is written over the selfie.
While announcing the teen’s arrest Monday, Hardwick said the suspect and Bailey attended school together but declined to say whether they were classmates.
A statement Tuesday from the sheriff’s office said Chief Medical Examiner Dr. Predrag Bulic had determined Bailey died in a homicide from “sharp force trauma by stabbing.”
A man reached by phone Wednesday afternoon who identified himself as Bailey's father declined to comment.
The suspect appeared earlier this week at a preliminary detention hearing via Zoom at the Volusia Regional Juvenile Detention Center. His parents appeared during the hearing. His father showed little emotion, but the suspect’s mother was teary-eyed while her son was read his rights. A judge ordered he remained held for 21 days until further order by the court.
A sheriff’s office report said the department was first alerted Bailey was missing at about 10 a.m. on Sunday.
Hours earlier, video caught her and the suspect near the Durbin North Amenity Center. A home surveillance camera then captured “two subjects walking east on Saddlestone Drive at approximately 0145 hours,” the report said.
Additional footage from Saddlestone Drive from about 3:30 a.m. captured only one subject “walking west … carrying a pair of white shoes with a black 'Nike' logo,” the report said.
Bailey is believed to be seen on video earlier wearing black pants and a black shirt, investigators said. Her body was discovered on the south end of a retention pond, east of Saddlestone Drive, the report said.
“The victim appeared to have significant injury to her head and other trauma and was wearing black pants with a black shirt,” the arrest report stated.
The suspect lived only “.3 miles” from where Bailey’s body was found, investigators said. While executing a search warrant at his home, they said, “several items of evidentiary value were located within the defendant’s bedroom which were consistent with clothing observed in the aforementioned video surveillance."
"Furthermore, some of these items yielded a presumptive positive test result for the presence of blood,” the report said. The defendant’s statements, authorities said, also contributed to probable cause leading to his arrest.
Bryan L. Shorstein, spokesman for the Florida state attorney, said Wednesday the office will determine if the suspect in Bailey’s death will be tried as an adult.
He said the police investigation is ongoing, evidence is still being reviewed and personnel within the office plan to meet with Bailey's family next week.
“We plan to make that determination in the near future,” he said, referring to whether her alleged killer will be tried as an adult. “We don’t want to make that decision callously. We understand the magnitude of that decision.”
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