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.
In a case dealing with sex offenders, the Supreme Court ruled today that Congress could pass a law authorizing the Federal Bureau of Prisons to keep someone in custody for an indefinite period even if they had served the full term of their sentence:
WASHINGTON (AP) — The Supreme Court ruled Monday that federal officials can indefinitely hold inmates considered ‘’sexually dangerous” after their prison terms are complete.
The high court in a 7-2 judgment reversed a lower court decision that said Congress overstepped its authority in allowing indefinite detentions of considered ‘’sexually dangerous.”
”The statute is a ‘necessary and proper’ means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned and to maintain the security of those who are not imprisoned but who may be affected by the federal imprisonment of others,” said Justice Stephen Breyer, writing the majority opinion.
President George W. Bush in 2006 signed the Adam Walsh Child Protection and Safety Act, which authorized the civil commitment of sexually dangerous federal inmates.
The act, named after the son of ”America’s Most Wanted” television host John Walsh, was challenged by four men who served prison terms ranging from three to eight years for possession of child pornography or sexual abuse of a minor. Their confinement was supposed to end more than two years ago, but prison officials said there would be a risk of sexually violent conduct or child molestation if they were released.
It was a 7-2 ruling, and the two dissenters were Antonin Scalia and Clarence Thomas, who stated in a dissent authored by Thomas: