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15 Year Old Girl Faces Sex Offender Status for the Next 20 Years

According to Ohio state law, convicted child pornographers are required to carry a Tier 2 sexual offender classification, requiring registration as a sex offender for twenty years. In this case, a teen girl from Licking Valley High School is charged with illegal use of a minor in nudity-oriented material, a second-degree felony; and possession of criminal tools, a fifth-degree felony.

In case you made it this far without passing judgment on “yet another child pornographer,” the girl charged is fifteen years old, her “criminal tool” was a cell phone and MMS (multimedia messaging service). Her “illegal use of a minor in nudity-oriented material” were nude photos of herself. Putting those together, you can deduce that she took nude photos of herself with her cell phone. The Licking County prosecutor, Ken Oswalt, has received reports of 20 similar cases among school age teens, and he has been traveling to the area schools with an assembly program that discusses the consequences of such actions.

While the teen girl who sent these nude pictures of herself to others via MMS is not alone, she has been the only person arrested. She also spent a weekend in jail awaiting arraignment and a bond hearing. The statute she has been accused of breaking has exemptions in place that allows parents and/or guardians to take pictures of their naked children for a list of acceptable purposes. Interestingly, the statute does not provide the same exemption for the child themselves. While the consequences for her have already been laid out by the prosecutor in the charges, the recipients of her messages may be also facing prosecution for their passive role(s) in this incident.

One thing that falls on the side of the accused girl is the discretion of the judge in the case, since the defendant’s age allows for flexibility on the “sex offender” label. Unlike most mandatory sentencing guidelines, this case allows the judge to decide based on the situation, rather than the black and white handcuffs placed on most public servant decision makers. At least the Ohio lawmakers had the foresight to build in judgment when considering sentencing, even though they omitted an exemption in this law for individuals to possess nude photos of themselves.

What is going on in Licking County, Ohio? There is apparently a wave of teens taking and sharing nude photos of themselves and only one girl has been arrested? There are concerns among area residents that this girl is being subjected to the prosecution due to her status as a foster child. Without biological or adoptive parents to provide the resources necessary for an adequate defense, this case may be a slam dunk for the prosecution. What better way to show your are doing something about child pornography than to railroad this girl to prison for two felonies and a sex offender tag for the next twenty years?

The story here is not only the child pornography law in place to “protect the children,” but the ill-written legislation that did not account for a person’s right to possessing pictures of themselves. It also sounds like Ken Oswalt seeks a name for himself by singling this girl out and prosecuting her, while ignoring approximately 20 others. As an act of principle, I would like to see her cleared of all charges, the law itself re-written, and an investigation into the county prosecutor, as this smells somewhat similar to the Duke rape case.

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This is crasy. If I read this right she took nude photos of herself and now has to spend at least 20 years as a registered sex offender?
If this is true this is a gross misuse of that sex offender law.
First of all she must of had the worse lawyer in the world.
What about art or personal rights?
If I were her and her family, she should take it to the Supreme Court as a direct violation of ones personl right to free speech.

William Landers's picture

L-I-C-K-I-N-G County, OH ?!?!?

I thought this story was fake when I read the name of the county this
supposivly occured in.

What is with the crazy names in the “Bible Belt” states?

Butt, Montana
now LIcking, OH

Then again, if ya read ALL of the story of Sodom and Gamorrah, it really says rape is supported by the God of the Christian Bible, and Jewish religion…..
At the END of the story, Lot gets repeatedly gang-raped by his kids. God’s angel is right there in person watching the entire thing.

And all is well with God and his angel. They both probably took photos and sent it to all the other angels.

p.s.
good ad on the right side of this page showing teenage-looking girl in gree t-shirt lifting it up half exposing herself.
Why should it be a surprise to see a 15yr girl sending nekked pics of her self?
“If your a girl in America, your only good if yer nekked!!”

CrAzIyGuY's picture

Point of fact, its Butte, Montana and Ohio is hardly in the Bible belt.

Ok I am starting to think that is is not a site about liberty but a Christian bashing site for Atheists. Enjoy, I am going back to LRC.com

Lorin Partain's picture

William,

She hasn’t been tried yet. The consensus in the community is that the prosecutor is using her case to advance his position. She is a foster child, so resources for her defense are limited. Also, with 20 or so other cases reported, why is her case the ONE that is being prosecuted? There is also talk of the recipients being tried for possession of child pornography.

bbittner's picture

Brent this is crasy.
We have now become a nation that has no freedoms.
If the young lady needs a defense then lets help her.
I say lets help her not to promote this childish sending of photos of yourself via cell phone to others, but rather it was childish and not to be meant as to harm a child or ones self.
I am not sure stupidity can be counted as a gross violation of child porn laws.
This kind of procecution can lead to a can of worms. I am not willing to see this can of worms opened and the outcome of going down this road.
The parents should teach their children better, but as we were all children ourselves once, we do not always understand the effects of what we do to ourselves or others until we reach an age of understanding.
She is not at that age of understanding.
I find this prosecution a gross mis-justice.
Brent send email of how to contact you via phone, LOL no nude pics.
So we can talk about this case and what we can do to help this girl and others before this becomes a mess to all of us.
williamlanders@ameriborn.com

William Landers's picture

pics or it didn’t happen.

Anonymous's picture

Ken Oswalt’s, the prosecutor responsible for terrorizing this young girl, has an election page here:

http://www.oswaltforprosecutor.com/

The contact information for the Licking County prosecutor’s office is here:

Licking County Prosecutor’s Office
20 S. Second St, Newark, Ohio 43055
Hours of Operation (M-F, 8:00 a.m. to 5:00 p.m.)
General Telephone number: (740) 670-5255 - Fax 740-670-5241

You can find this information at the following website:

http://www.lcounty.com/pros/default.aspx

If you’re angry about this case, I encourage you to contact the above offices, and perhaps Ohio senators/representatives, and make your feelings known.

Anonymous's picture

as a teacher, this kind of thing scares the hell out of me.

not only is this girl’s life being ruined by some nazi prosecutor … but there’s a possibility that those receiving the photos could be charged too?

that has serious implications for everyone. just receiving porn, unsolicited, is going to be enough to get you imprisoned. someone sends you nude pix (as a sick joke or prank) and you are going to end up being convicted of something you are not responsible for.

western laws are going crazy. the word ‘reasonable’ is included in legislation for a reason, that’s because in reasonable circumstances, you’re supposed to be protected by the law. if you’ve committed no crime, you should be protected because you are innocent.

the irony is that if an adult receives this kind of porn, they’re going to be too scared to contact the police, for fear of being accused of receiving child pornography.

it’s a lose, lose situation.

here’s hoping that common sense prevails.

david's picture

I have a problem with the verbiage of the law being used as it is; grammatically I don’t believe it is valid.

Ohio child pornography statute

No person, with knowledge of the character of the material or performance involved, shall do any of the following:

A) Create, record, photograph, film, develop, reproduce, or publish any material that shows a minor participating or engaging in sexual activity, masturbation, or bestiality;

Now, we have the subject, “person”. We have the crimes, the verbs, create, record, photograph, and so on. We have the object, “Minor.” Now the problem is this. I looked for, admittedly a short time, for cases where the anaphora (minor, the anaphora, refers to an antecedent which is assumed, which we can call “Victim” it’s sort of algebraic, person A does X to B. ) is reflexive AND reciprocal at the same time. If I’m wrong and cases like this do exist in valid grammatical English, please let me know. [if] a person (subject) photographs (verb) himself(Direct Object and an anaphora, a reflexive (self referential) pronoun). This in no way can be applied to a person who photographs another. Now I believe this to be inversely so, and thus this law is invalid when the subject is the object of the law.

robf's picture

Welcome to Ohio! Worse than Licking County is Paulding County in Ohio.
My son was convicted of the same thing. Of course, he was 20, his girlfriend, 15 (yes, she lied about her age!~) and the cell phone had a locked code on it. He was charged with ‘Pandering Obscenity Involving a Minor” a felony II ~ took the plea of ‘attmepted’, which carried a felony III.
Senator Shaffer who was not available for ‘comment’ was FULLY aware of such cell phone abuse, as I spoke to him personally this past summer in June. There was an article that covered this abuse that I took with me, which he read and returned to me.
The registry needs to be cleaned up and returned to its true intent. In the meantime, individuals like my son and perhaps this youth will continue to be ‘punished’ by the restrictions imposed to sex offenders who crimes were violent and dangerous! I e-mail Ohio Senators almost daily concerning this issue. Next, is a petition! I believe this is the only way to have the registry restored ~ put it on the ballot and let the American people vote on it!
Clearly there is a BIG difference~!
For more information, just read my blog.
Thanks for allowing me to post.

Jacquelyn L Horst
www.cleanuptheregistryohio.blogspot.com

JacquelynHorst's picture

This is nothing but sick! I mean, can’t imprison a minor, for atking photoes of themselves! :S These laws are made to protect them against creepy old men taking advantage of minors… I mean honestly… this is just sick!

Sander's picture

The courts, probation and law enforcement generally know that the fast track to career advancement is showing extreme harshness towards potential or covicted sex offenders. Civil rights are thrown to the wind and deep pockets usually insure that they will get away with just about anything. If you are like me and grew up believing that these people were the epitome of honor and integrity your being uninformed. The truth is that I was extremely wrong about this.

Its easy to hate anyone labeled a sex offender but little effort is expended to get the whole story like this young persons situation. Most registered sex offenders are people who couldn’t afford to defend themselves. Once an allegation is made the damage is done and they loose practically everything.

When these people like the prosecuter take advantage of the law and these situations to self gratify they are criminal themselves.

Not Surprised's picture

This is the kinda crap that is destroying America. We are so uptight that we are willing to throw the book at anyone we perceive as wrong. Without the facts. I was accused of a crime that I didn’t do. I wasn’t even there to commit the crime. I have a lying cousin, who is angry and doesn’t want to lose her kids she a bad mother. So she concocts this BS story and I get thrown in jail, lost my job, my marriage, all because some one decided to play lets accuse him game. The police don’t care if their is no evidence, all they are relying on is the he say she say. I am in debt, no one will hire me it miserable. On top of that being labeled a SO for something you didn’t even do. Its sad.

Joe's picture

http://www.lcounty.com/pros/default.aspx

Kenneth Oswaly does kind of have that mein fuhrer look about him.

Sadly, there are teens across the country (and some adults) finding themselves on registries these days for stuff we generally don’t think about when we hear the term sex offender:

http://www.oncefallen.com/youmightbersoif.html

http://www.oncefallen.com/CriminalizingTeenSex.html

PS: there is a state park in Kentucky called “Big Bone Lick.” Just throw that out there since we’re capping on places with sexually suggestive names

The fallen One's picture

Well, everyone knows that it is typically the most Nazified, uptight prosecutors and politicians who are out to destroy people like this are always the ones who are out molesting children or hiring escorts themselves. Don’t worry, Mr. Oswalt will crash and burn as soon as his own demons come to light.

Christy's picture

What Im wondering now is I am an adult so if I take nude photos of myself does that make me a porn star?? This is the most ridiculous thing I have ever heard. Think outside the box, she took the pic of herself, Im sure she just wanted to be like all the skanky tv stars. Lets be real

TT's picture

Problem is, it is technically illegal because the law was not written for this type of event, and because everyone is constantly fearing being sued what can you do. The law doesn’t care no one was hurt or upset these photos were sent, they have the law to uphold and get off on whatever power trip they’re on instead of teaching these kids a lesson that no you shouldn’t do that, now this girl with have trouble follow her for the next 20 years because of stupid things every single person experiences when they were in school. Maybe its time for the laws to be become relaxed and use some discretion, as this will probably get thrown out and end up costly the court and everyone taxes over bogus charges.

Anonymous's picture

The USA jails more people than any other country of the world, and
over 80% are for victimless “crimes”. A girl taking nude pictures of
herself, even if she never showed them to anyone else, is actually
guilty under the “law”, and can be classified as a sex “offender”.
At least she doesn’t face the death penalty (yet!).

mockan's picture

I agree. There is a disgusting prison-industrial complex in this country. It’s been emboldened by the “War on Drugs” but it is also encouraged by the various other immoral things we’ve waged war on.

Did you know that in California more is spent on prisons than schools? Ridiculous!

“Timid men prefer the calm of despotism to the tempestuous sea of liberty.” - Thomas Jefferson

mpowell's picture

Anybody know his email address?

Anonymous's picture

So If I shoot myself in the leg, I can be charged with attempted murder? So if I leave constantly threatening messages to myself and tell the police, I will be arrested for harassment? No, I would be put in an asylum. That’s where the police should be.

A person cannot be the victim AND the “perp”.

What ever happened to “don’t do that again”. Unbelievable.

Anonymous's picture

Maybe cell phone nude pictures will become the next government
“war on social deviancy?”.
Here is another case.
http://arstechnica.com/news.ars/post/20090114-teens-send-nude-pics-to-on…
We can probably expect criminal drug evasion charges when the teens
do not take their meds prescribed to prevent such behavior, next time.
Perhaps they should take a lesson from the dystopian SF movie THX 1138.
“Take your sedatives, increase productivity, work hard, consume, and above
all.. be happy!” (And no unauthorized perverted sexually suggestive activity!)

mockan's picture

This is totally rediculas, the 41 year old man that sexually assulted my 14 year old daughter is only getting 5 years as a registured sex offender! A much more horrible thing then what that child did, where is the justice?

Anonymous's picture

Well, whether they give these scumbags a label or not, any adult involved in this s—t doesn’t deserve life (in the breathing sense), but a kid of 15 years surely isn’t lost yet. This one swings me all over the shop; so much of me says kill them stone dead (and I am not usually a hateful person at all), but I do not think I could see a child put through what the adults deserve.

It’s the only reason I agree with teaching sexual matters at an early age, but only to teach them that this is wrong, wrong, wrong! No one can explain why eight year old children need to know contraception otherwise (that’s the age they teach them in Britain; I know there is regular debate on it in America).

Elysiumboy's picture

This is really unfair!! But as we can observe the new society this is very popular thing for the teenagers. Well parents and the authority must do some legal action with regards of this matter. Bank robberies have been on the rise since the recession started and instead of the normal malcontent criminals, an increasing number of them are normal folks. Theft is one of the kinds of crime that is more likely to happen during recessions, as people are strapped for cash. Thankfully, police forces are far better equipped to deal with situations arising if some yokels decide they’re going to become this century’s Bonnie and Clyde and go on a spree of bank robberies.

Alden E.'s picture

A few years ago there was a health club near where I live (for those in Southern California that was the Elysium off Topanga
Canyon on the way to Malibu beach). During summer would visit because it had
a sauna, hot tub, swimming pool, tennis courts, kitchen for preparing food,
fridge for keeping drinks cold, showers, yoga and meditation classes, dancing, patios, grass areas, shade trees, flower plots, late night barbecue, overnight stays allowed, good parking. It was a great place, with great people. Always friendly. But it went out of business because the neighbors complained to county officials about a certain feature of the health club that upset them. Even though they could not see through the trees surrounding the private property, just the thought about this certain feature of the club was enough to mess up their minds.
You see, it was a “clothing optional” health club. And it was a family oriented health club. So while getting an outdoor message near the pool, or taking an outdoor shower, or having water fights in the swimming pool (girls on the guys shoulders, first couple down buys the soda), sunbathing, dancing after the sun went down, what ever, every body was nude. And guess what. No body noticed. Not the adults, not the teenagers, not the little boys and girls… being nude was simply… comfortable.

Unfortunately most people in the society we live in, want to feel .. afraid.. and to feel.. shame.. and always they want others to feel… just like them. And they want to raise their children to have the same attitudes they do. So the neighbors in houses miles away from the Elysium, who could not see or hear anything from there, had their way, and county officials forced it to close.

The point of this story?

People are still evolving.. socially, culturally, mentally. In spite of nonsense like prosecuting a girl for taking nude pictures and showing them to others. Or shutting down a “clothing optional” health club, where even the 6 year olds were more emotionally healthy and mature about their bodies than the majority of “textile deviant” adults.

Never under estimate

mockan's picture

This is a serious case of felony that must be given attention to avoid happen again. In this case there must be a clear and urgent investigation. This girl needs to be punished and consult to a Psychologist for some check-up, proper care and treatment. This kind of incident gives warn to the parent and also to the authority to beware of their youth especially now days that many are engaging to different kinds of uncleanly moral values.

Lake Elsinore

Zachary U.'s picture

Zachary, dont you think you are the one who need a psychologist?
Serious case of felony? must be punished? I could no doubt hear that sort of comment from Ben Laden, but a Christian… Christianity is about love and forgiveness. Christianity is about listening and understanding. this values are making the root of the Christian moral values. Did he occur to you Zachary U that maybe, it is the display of integrist distorted moral values that push the kids to refuse a society they cannot relate too. Maybe it is an intolerable intolerance who make them want to evade in whatever world but not the one you propose? Zachary, punishment and serious case of felony are irrelevant qualifications.

C.Robin's picture

This is totally ridiculous. A computer couls do better than this half witted type of logic!

Anonymous's picture

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