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partlysunny29

Junior Member
What is the name of your state (only U.S. law)? OH
A (minor) girl sent a naked picture of her self to a (minor boy) the minor boy sent it out to my (minor) son and he sent it out to people. This was done outside of school. The school police officer is saying he is going to be charged with a felony. He took his cell phone and told me that the parents of the girl can file charges against my son. It's possible others got this besides him at least third. Can he be charged with the felony Can I press charges against the girls parents for her sending pornography to my son if they file charges against my son?
 


cyjeff

Senior Member
What is the name of your state (only U.S. law)? OH
A (minor) girl sent a naked picture of her self to a (minor boy) the minor boy sent it out to my (minor) son and he sent it out to people. This was done outside of school. The school police officer is saying he is going to be charged with a felony. He took his cell phone and told me that the parents of the girl can file charges against my son. It's possible others got this besides him at least third. Can he be charged with the felony Can I press charges against the girls parents for her sending pornography to my son if they file charges against my son?
Yes to all.

The production, possession or distribution of child pornography is a felony.

None of you can press charges against anyone. The DA will look over the police reports that are sure to come from this PO and, odds are, EVERY one involved will be charged.
 

CdwJava

Senior Member
I'd say that the culpability of the boy who forwarded the pics to his friends is going to be greater than that of the teen girl who sent them to her boyfriend ... while both may be able to be charged, I strongly suspect that the more serious offenses will be charged to the boy who passed the pictures along.

If you have not already done so, you need to hire legal counsel for your son now.

- Carl
 

Ohiogal

Queen Bee
You can NOT file charges against the girl's parents. The girl is the one who committed a crime. What county are you in?
 

partlysunny29

Junior Member
Hamilton County, Ohio. Ok this is getting really scary. Why would my son be the one in the most trouble when the girl sent it to the boy first and the boy sent it out to people. What is wrong with this picture really? Are these felony charges and how far does this go? Is the law different in every county or state? You better believe I will hire a lawyer and fight this. Why could her parents press charges on my son then like they are telling me? Ok, let me rephrase my last question, can we press charges against the girl then since she is the one that sent it out. I am not even sure if she didn't send it out to others and if the one boy was the only one and if the boy who recieved it first sent it out to more than one person or not. Wouldn't they have to supeona all the others involved also and not just single out my son.
 

CdwJava

Senior Member
Hamilton County, Ohio. Ok this is getting really scary. Why would my son be the one in the most trouble when the girl sent it to the boy first and the boy sent it out to people.
I am not familiar with the laws in Ohio, but it would seem that an exchange of nude pics between one boy and one girl can be written off as the stupid acts of a couple of dumb teens ... passing them on to his friends is a pretty clear intent to distribute for lewd purposes.

Again, I don't KNOW that it will make any difference, but in my state if this were to happen, the boy here would almost certainly face additional, more serious offenses.

What is wrong with this picture really?
You're kidding, right? You don't see what's wrong with teens exchanging nude pictures of themselves or passing the photos around to others for whom they were not intended?? If your son's naked photo ended up on Youtube or MySpace, would you then become concerned?

Are these felony charges and how far does this go?
They can almost certainly be filed as felony charges ... all the more reason to secure legal counsel.

Is the law different in every county or state?
Each state has their own laws in this regard. Because a phone was involved, in THEORY the feds could get involved, too ... but I seriously doubt that will happen unless there is much more to this story.

Now, while the laws vary by state, the practice with regards to filings might be different in each county. What my county might file and what the next county over might file in the same set of circumstances could be vastly different. Your county could have an aggressive DA, or it could have a DA that will seek only to rattle the cage of the kids involved.

Why could her parents press charges on my son then like they are telling me? Ok, let me rephrase my last question, can we press charges against the girl then since she is the one that sent it out.
The STATE "presses charges", not you. You (and the other parents) can make a report and ask the police to request charges from the DA, but YOU have no real say in the matter. The DA will evaluate the case and if they decide to take the matter in criminal court they will either pursue the matter themselves or they will seek an indictment from a grand jury (or whatever the process might be in Ohio).

I am not even sure if she didn't send it out to others and if the one boy was the only one and if the boy who recieved it first sent it out to more than one person or not. Wouldn't they have to supeona all the others involved also and not just single out my son.
They do not HAVE to subpoena anyone. How in depth the police will go to investigate this depends on how serious they take it. If the police and the DA just see this as stupid kid tricks, then they probably aren't going to dig too deep. If they are intent upon sending charges to the DA for any and all parties, they might go after anyone that comes up. What they will do, no one can predict. They have at least two people sending out the pics ... that's enough to start with.

- Carl
 

partlysunny29

Junior Member
Sick to my stomach

Thank you all for all your answers. I did not say I didn't see anything wrong with it, but first of all the wrong was when the girl herself sent that picture. I won't say what I think about her for doing that. I just think things are getting way out of control as far as this being considered a felony when he is a teenage boy. If my son sent out a nude photo of himself I would then hope that he learns his lesson of embarrassment from doing something like that. Knowing it was his fault and he would have to endure the humility from it. She had to know if she sent a picture of herself naked to a 14 year old boy that it was not going to be for just him. Come on. I am scared to death for my son right now. He made a mistake that he did not even know was illegal. Why should he know it is illegal really he is only 14. I just think it is wrong for them to put such a harsh punishment on someone that received something from someone else. I am sick to my stomach about this that my son may face jail time or worse a sexual preditor for the rest of his life. It's ridiculous. Go after the real criminals.
 

CdwJava

Senior Member
Thank you all for all your answers. I did not say I didn't see anything wrong with it,
That was not what I inferred from this statement: "What is wrong with this picture really?" That sort of implied that you felt there was nothign wrong.

but first of all the wrong was when the girl herself sent that picture.
And the second, third, and further wrongs were committed by your son when he forwarded it along. One could argue that the nude pic was intended as a personal communication between the two parties and he then passed it on to others. In the great scheme of things, that is likely to be seen as the greater evil of those committed.

I just think things are getting way out of control as far as this being considered a felony when he is a teenage boy.
The courts tend to take age and maturity into consideration. The telling of this tale may well be in what he texted his friends in response to the image and along with it being forwarded to them.

She had to know if she sent a picture of herself naked to a 14 year old boy that it was not going to be for just him. Come on.
If she sent it just to him, that argument and that reasoning can be made. She is also 14 ... she doesn't think like a 40 year old.

I am scared to death for my son right now. He made a mistake that he did not even know was illegal.
Then he was living under a rock. I have two teenage sons - one 14 and one 13 - and both of them know that something like that is wrong. He may not have known WHAT law he was breaking, but he has to have known that passing along photos of a naked child were wrong.

Why should he know it is illegal really he is only 14.
In my state (and, I believe most other states) that is the age at which a child is legally presumed to understand the consequences of their actions. Hi attorney will have to prove that he is naive and a tad on the slow side to show he lacked the requisite intent to commit a crime.

But, as I said, courts tend to show mercy in these sorts of situations anyway.

I just think it is wrong for them to put such a harsh punishment on someone that received something from someone else.
Had it just remained between the two of them, chances are this would no even be an issue. There would probably have been a serious tail chewing and a lot of saber rattling by the authorities to try and scare the kids, but not much else. Unfortunately, once your son passed it on to others (or once SHE sent it to others as well) that cat is out of the bag and everyone faces charges. And, if your son was the one who sent the messages to his friends, he likely faces the most serious potential charges.

I am sick to my stomach about this that my son may face jail time or worse a sexual preditor for the rest of his life. It's ridiculous. Go after the real criminals.
It's amazing ... everyone says the police should go after the "real" criminals, but no one really defines what a "real" criminal is. I always thought the police were supposed to investigate and report on crimes ... and the passing of nude photos of underage children in order to get your jollies is a crime. So, I would say that the police ARE investigating "real" criminals. I doubt this investigation will cause even one shoplifter to go free, so I doubt it is a case of "either / or".

Whether your local DA will prosecute anyone is something I cannot predict. Mine probably wouldn't, but that doesn't mean yours would not. You'll just have to wait and see.

In the meantime, it's probably a good idea to retain counsel ... just in case.

- Carl
 

Ohiogal

Queen Bee
Thank you all for all your answers. I did not say I didn't see anything wrong with it, but first of all the wrong was when the girl herself sent that picture. I won't say what I think about her for doing that. I just think things are getting way out of control as far as this being considered a felony when he is a teenage boy. If my son sent out a nude photo of himself I would then hope that he learns his lesson of embarrassment from doing something like that. Knowing it was his fault and he would have to endure the humility from it. She had to know if she sent a picture of herself naked to a 14 year old boy that it was not going to be for just him. Come on. I am scared to death for my son right now. He made a mistake that he did not even know was illegal. Why should he know it is illegal really he is only 14. I just think it is wrong for them to put such a harsh punishment on someone that received something from someone else. I am sick to my stomach about this that my son may face jail time or worse a sexual preditor for the rest of his life. It's ridiculous. Go after the real criminals.

Your son distributed CHILD PORNOGRAPHY. He can be found to be a sex offender and have to register. Your son should be made aware of how serious this is. You should have taught your son that there are certain things such as common sense. Ignorance of the law is NOT a defense. Harsh punishment? You are making excuses. YOUR SON COMMITED A SEX OFFENSE. Why did you not educate him regarding such things? Your son is a REAL CRIMINAL.
 

Ohiogal

Queen Bee
In my state (and, I believe most other states) that is the age at which a child is legally presumed to understand the consequences of their actions. Hi attorney will have to prove that he is naive and a tad on the slow side to show he lacked the requisite intent to commit a crime.
Carl juvenile courts in Ohio have prosecuted children as young as 10 for their crimes. They have the competence to know right from wrong. So her 14 year old would have to be extremely mentally disabled to show he lacked the requisite intent. He is 14. The juvenile court I practice in had just such a case and the child was prosecuted and found to be guilty. He was about the same age as OP's son. If not a bit younger. Her excuses are NOT going to fly. In fact, she may be part of the problem. If HER child gets away with this today what is he going to do down the road since mommy thinks he is an innocent saint?
 

cyjeff

Senior Member
There have been some cases in Michigan, Georgia and, I believe, Tennessee just within the last 6 months or so where the child producing the porn, the child receiving the porn, the children distributing the porn and anyone possessing the porn (or putting it on youtube) were ALL arrested.
 

Ohiogal

Queen Bee
There have been some cases in Michigan, Georgia and, I believe, Tennessee just within the last 6 months or so where the child producing the porn, the child receiving the porn, the children distributing the porn and anyone possessing the porn (or putting it on youtube) were ALL arrested.
"My" court currently has a case where the teens are being prosecuted. It is a crime AND it is a sex offense.
 

CdwJava

Senior Member
Carl juvenile courts in Ohio have prosecuted children as young as 10 for their crimes.
We can, too ... but, when they are under 14 we have to show proof that the juvenile had the ability to decide right from wrong so that we can show they possessed the requisite intent.

As an FYI, here is the standard out here:

All juveniles fall under the jurisdiction of the juvenile court system. However, juveniles under the age of 14 are presumed incapable of criminal intent. Therefore, the prosecution bears the burden of proving that, at the time of the commission of the crime, a juvenile under age 14 knew the wrongfulness of his act. (Pen. Code, § 26.) Courts are in some disagreement, however, concerning whether this must be proved only by "clear proof" or by "proof beyond a reasonable doubt." (See Francisco N. (1986) 186 Cal.App.3d 175.)​

I agree that at 14 he knew what he did was wrong, hence that it would be an uphill fight to show that he was incompetent. Plus, I can't imagine a teenager sitting still as he is called a moron in court. :)

- Carl
 

partlysunny29

Junior Member
Wow, ok alot of you guys are really cruel. I never ever said my son was any kind of saint. I do the best as a single working mother to raise my children. I don't always know the right things to do or say as a parent but I would say my children are not retarded or whatever the rude comment someone made about him. I guess my words got a little jumbled when I said he didn't know it was illegal. He really did not know it was illegal rock or no rock and he did not think it was as serious as people are making this. Again, I did not say he didn't do anything wrong. But even I know, growing up in a pretty conservative, christian family that boys and girls at the age of 14 especially boys are taken over by hormones. I see worse than this on TV half the time. I am so sorry that people don't feel the same. It's not about my son it's about this whole thing being blown out of proportion. I get lude emails and all kinds of stuff in my inbox that I just ignore and go on. If somebody wants to send me that crap go ahead I don't have to look at it and it sure as hell is not going to change the person I am and make me want to go commit a sex crime or something because I saw a naked person. Common Sense. You want to talk about common sense. I bet this happens every minute of the day how the hell do they think they are going to stop something like this unless they ban cell phones which I think is a great idea. I have a lot of common sense and I am going to get hate mail because I believe this was a stupid kid thing. Sorry if you all think I am stupid for thinking this wasn't as serious some people think it is. However now I know what this world is coming to and we have to face charges that will hurt my son for the rest of his life. Like his diabetes isn't enough to live with. Now he has to figure out how to get a job (which he was so exited about when he turned 15) all because some slut of a girl decided to take her clothes off for a quick thrill. I guess if I have to go to jail and my son will be going to jail or whatever I will just have to face what is coming to us. Thanks for all your help. I thought I was going to find out that we were going to be able to fight this instead I found out that I have draining exhausting,stress filled days to look forward to. Not to mention being a single mom and being to afford a good attorney at their prices. It was a picture of boobs for God sakes. Im done here. Basically I found out we are screwed and no lawyer is going to be able to help us. What is wierd is if we tried to defend ourselves we would be screwed but if we pay thousands of dollars to someone just because they know legal jargon we MIGHT just Might have a small chance but from what every one is saying it won't matter either way
 

CdwJava

Senior Member
Wow, ok alot of you guys are really cruel.
You wanted to know how the law views it, we have told you. It's not "cruel" nor kind, it is what it is.

I don't always know the right things to do or say as a parent but I would say my children are not retarded or whatever the rude comment someone made about him.
I believe the comment was that he would have to show a court that he was legally retarded in order to have it shown that he as unable to form the intent to know it was a crime. By 14 the presumption is that he IS capable of understanding right from wrong ... the burden of proof would be on him (or his attorney) to prove otherwise.

I see worse than this on TV half the time. I am so sorry that people don't feel the same.
It's not about feelings, it is about the law. It is very possible that nothing will come of this ... but, given the fact he apparently forwarded the image to other people, I wouldn't count on that benign result.

Common Sense. You want to talk about common sense. I bet this happens every minute of the day how the hell do they think they are going to stop something like this unless they ban cell phones which I think is a great idea.
The law is not always about what you or I might think of as "common sense". And all because something happens all the time does not mean it is still not a crime. Theft occurs all the time, speeding occurs all the time, child molestations and domestic violence occur all the time ... that's not a reason to give the offense a pass when it IS discovered.

The offense is serious because of the potential penalties attached. Whether any of us think it SHOULD be serious or not is beside the point. The fact is, the potential legal consequences are serious. Whether they will be fully applied or not no one can say.

Basically I found out we are screwed and no lawyer is going to be able to help us.
No one said that.

- Carl
 

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