Nude Photos of 14 year old

Sat, 03/28/2009 - 14:33
Submitted by enrico

According to the AP "A 14-year-old New Jersey girl has been accused of child pornography
after posting nearly 30 explicit nude pictures of herself on
MySpace.com — charges that could force her to register as a sex
offender if convicted."

http://www.google.com/hostednews/ap/article/ALeqM5gebS2MKqUm9cqEj6s0Rv9g...

Thoughts?

Heard about this a few days

Sat, 04/04/2009 - 23:08

Heard about this a few days or so ago. Didn't hear there were 30 pics, thought like just some boob shot or something. I used to have a Myspace account and had used it for years. So I'm not entirely sure how a)a minor, and b)30 nude pics found their way onto the site. As I recall, minor profiles aren't easily viewed by regular adult users, and sexually explicit pics are totally banned, though "risque" ones are fairly prevalent. Technical assesment done.

As to the main issue. Without seeing the pics, or at least a description of what sort they were I can't fairly comment as to her "crime." On the surface it should be pursued as a legal matter if only to prevent a can of worms being opened as to adults taking pics of minor children and saying they had the minor's consent. It'd be great to just allow individuals to do this sort of thing as per 1st amendment issues, free expression and all that. But online there's enough of a problem with child porn already without adding to it this way.

Should she be charged for child porn and all of that? No. Assuming for the sake of arguement, it was entirely her idea to post them and she wasn't being coerced by an adult or something, it's her body, her reputation, her honor, and in Judaism at least she's entirely accountable for her actions as Jewish girls are bat mizvahed at age 12. If she wants to expose herself breaking modesty laws, it's on her.

From a more contemporary secular perspective, in a time when we hear often about the lack of self-esteem young girls in the US have, problems with body image,e ating disorders, etc. I think it's good that at least one was fond enough or her own body to have done this. It might seem like I"m going back and forth about whether I approve or not but issues like this one aren't so clear cut as it's involving a moral question with a legal one so has to be approached from those and whatever other perspectives.

Legally, I'm not entirely sure what law she broke other than Myspace's TOS. If we assume the worst and allow the pics were proper hardcore type ones maybe some kind of indecent exposure charge could be levelled, but not child porn related ones. As she's not a child at 14 as many jurisdictions would define "child" as anyone under 12. If the pics were simple nude body shots then that should be completely legal as they'd fall under the "nudism" related laws. Which generically are like, "if not focusing on genitals or an overt sexual act" they're "okay."

Morally, it was inappropriate and there's absolutely no defense for it.

Constitutionally, last I checked, the 1st Amendment didn't have a "you must be this tall to ride" clause so I wouldn't think she broke any federal laws as it was she herself in the pics, she took them, she posted them. If I were the prosecutor in this case, I'd drop any and all charges as I'm sure she's been traumatized enough and scared straight by all the attention already and nothing's served locking her up. Maybe impose a short ban like on using the internet and computers for a year or something to drive the message home.

I'd much rather be happy than right any day.