Court Slaps Prosecutor Who Threatened Child-Porn Charges Over ‘Sexting’
A Pennsylvania appellate court upheld a preliminary injunction on Wednesday barring local prosecutors from filing felony child-porn charges against a teenage girl who took a partially nude photo of herself with her cellphone.
The court said prosecutors were using the threat of charges as retaliation against the teen for exercising her constitutional right to refuse a voluntary reeducation program favored by the district attorney. The court also determined it was likely the girl and her parents will succeed in a civil rights lawsuit they’ve filed against the district attorney’s office.
Last year, District Attorney George P. Skumanick, Jr., threatened to charge three teenage girls with felony child-porn violations over digital photos they took of themselves.
The American Civil Liberties Union of Pennsylvania filed a federal lawsuit against Skumanick on behalf of the girls and their parents accusing Skumanick of violating the girls’ civil rights. The suit said they had a constitutionally protected right to appear in the pictures and that the threat to prosecute the minors was “unprecedented and stands anti-child-pornography laws on their head.”
Read More
http://www.wired.com/threatlevel/2010/03/sexting-lawsuit/#ixzz0j0dO9Wqb