The ACLU says a Pennsylvania D.A. has threatened to prosecute teenage girls over mildly naughty-sounding photos of themselves on their cellphones, which he has called “provocative”. The case could help provoke a legislative clarification of what laws apply to the teenage practice that has been called “sexting”; one law professor suggests excusing original senders and recipients of photos from liability in most circumstances, while leaving open the possibility of penalties for resending to others.
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When we were kids, mom took photos of us nude from time to time. It was “cute”.
Now I have to wonder, if I were to send a photo of my 4 year-old self, nude in the backyard, to my wife…. would I be guilty of child porn?
What if I sent it via cell phone?
And if one of today’s mothers took a photo of her son or daughter, nude in the bathtub and covered in suds – is she a child pornographer?
What if she emails that photo to Grandma? Will the police arrest Grandma for receiving porn?
if an expecting mom sends an email with fetal ultrasound image, would she have to be registered as a sex offender?
Calladus,
Yes, you might indeed be arrested for child pornography in those perfectly innocent circumstances. It has actually happened. People have been turned in by camera shops whose staff noticed nude pictures of children in the film they were developing. This is why the criminalization of the possession of “child porn” is so stupid. Perverts can stimulate themselves with images that are quite innocent for everyone else. Better to go after those who actually engage in child abuse than to waste time and infringe civil liberties by going after thought-crime.