Porn with no victim confirmed?

[JustinTheJust1]

What is the name of your state (only U.S. law)? Ohio
There was a picture of a female that went through my towns middle school and then went to the High School the picture is of a female, nude from the neck down. My son received the picture from another child (according to him he didn't ask for this picture nor can he recall sending it, also he says he received it on an old phone) his and 3 or 4 other phones were taken by the high schools principal 4 days previous to school letting out. On this day there was 15+ phones taken from the middle school only, within a matter of hours 14 were returned, while my child's phone is taken with 3 others (2 from high school and 1 from the middle school, the originator of the photo) and were given to the police, months ago. Could anyone please explain why the other phones were not taken and given to the police? Seeing that the photo started in the middle school? Also after comments were made the photo has not been confirmed to be a minor at all. Is there any way possible to get the phone back soon? Also could anyone explain the consequences to the giving away of the picture?

 

[quincy]

What is the name of your state (only U.S. law)? Ohio
There was a picture of a female that went through my towns middle school and then went to the High School the picture is of a female, nude from the neck down. My son received the picture from another child (according to him he didn't ask for this picture nor can he recall sending it, also he says he received it on an old phone) his and 3 or 4 other phones were taken by the high schools principal 4 days previous to school letting out. On this day there was 15+ phones taken from the middle school only, within a matter of hours 14 were returned, while my child's phone is taken with 3 others (2 from high school and 1 from the middle school, the originator of the photo) and were given to the police, months ago. Could anyone please explain why the other phones were not taken and given to the police? Seeing that the photo started in the middle school? Also after comments were made the photo has not been confirmed to be a minor at all. Is there any way possible to get the phone back soon? Also could anyone explain the consequences to the giving away of the picture?

I don't think anyone here can explain why some phones were given to the police and some weren't. It could be that some phones had a photo or photos still on them and the others did not. It could also be that your son's phone showed photo distribution.

The fact that the photo has not been confirmed yet to be a minor does not matter. The photo of a naked female was distributed to minors. That in itself is a crime.

You could contact the police and ask about how long they anticipate keeping the phone. If it is part of an active investigation, or if the phone is to be used as evidence, however, you may not see the phone for quite awhile.

 

[cbg]

Could anyone please explain why the other phones were not taken and given to the police? Seeing that the photo started in the middle school?

Could you please explain how you think we would know?

the photo has not been confirmed to be a minor at all.

Has it been confirmed that it has not?

Is there any way possible to get the phone back soon?

When you asked the principal this question, what did he say?

Also could anyone explain the consequences to the giving away of the picture?

What do the words, distribution of pornography, mean to you?

 

[JustinTheJust1]

I don't think anyone here can explain why some phones were given to the police and some weren't. It could be that some phones had a photo or photos still on them and the others did not. It could also be that your son's phone showed photo distribution.

The fact that the photo has not been confirmed yet to be a minor does not matter. The photo of a naked female was distributed to minors. That in itself is a crime.

You could contact the police and ask about how long they anticipate keeping the phone. If it is part of an active investigation, or if the phone is to be used as evidence, however, you may not see the phone for quite awhile.

Thank you!

 

[quincy]

Thank you!

Here are links to the relevant laws in Ohio as they currently (to my knowledge) stand: http://codes.ohio.gov/orc/2907
http://codes.ohio.gov/orc/2929

You will want to scroll down and look at 2907.31, 2907.321, 2907.322 and 2907.323, and 2929.11 et seq. These include Disseminating Matter Harmful to Juveniles and Pandering, and how these can be charged.

A recent Pew Research Center study showed that 78% of teens have cell phones and, of those who have them, 1 in 5 teens admit sending sexually explicit material to others and 1/3 of teens have received sexually explicit material. "Sexting" is considered by many children to be an acceptable way to socially interact with others.

With this in mind, it seems that Ohio (and other states) would do better by educating children about the legal risks involved in sexting, rather than arresting children and charging children with sex crimes, and even having them register as sex offenders.

It appears that prosecutors in Ohio are increasingly reluctant to charge teens with these crimes, and I believe Ohio is currently looking at their laws and working on reforms.

 

[stealth2]

Even apart from the other "issues" - why did your child have his phone in school? That alone was cause for it to be confiscated.

 

[Ohiogal]

Here are links to the relevant laws in Ohio as they currently (to my knowledge) stand: http://codes.ohio.gov/orc/2907
http://codes.ohio.gov/orc/2929

You will want to scroll down and look at 2907.31, 2907.321, 2907.322 and 2907.323, and 2929.11 et seq. These include Disseminating Matter Harmful to Juveniles and Pandering, and how these can be charged.

A recent Pew Research Center study showed that 78% of teens have cell phones and, of those who have them, 1 in 5 teens admit sending sexually explicit material to others and 1/3 of teens have received sexually explicit material. "Sexting" is considered by many children to be an acceptable way to socially interact with others.

With this in mind, it seems that Ohio (and other states) would do better by educating children about the legal risks involved in sexting, rather than arresting children and charging children with sex crimes, and even having them register as sex offenders.

It appears that prosecutors in Ohio are increasingly reluctant to charge teens with these crimes, and I believe Ohio is currently looking at their laws and working on reforms.

Depends on various factors. The age of the victims. The types of photographs. And OP, you are wrong when you state there is no victim confirmed. There are many victims -- the model may not have been confirmed, but the children in middle school are definitely victims as well -- those who received this without requesting it and did not send it on.

 

[quincy]

Depends on various factors. The age of the victims. The types of photographs. And OP, you are wrong when you state there is no victim confirmed. There are many victims -- the model may not have been confirmed, but the children in middle school are definitely victims as well -- those who received this without requesting it and did not send it on.

Ohio seems to have had a rash of both high school students and middle school students caught sexting this year, huh?

I read where there have been numerous phones confiscated over nude-photo content and photo distribution, resulting in a few school expulsions and at least one student charged and convicted of a felony.

I think one of the problems with student sexting is that those pictured intentionally send nude photos of themselves to another or others, so it is hard to determine exactly who is the victim - the child pictured in the photo or those who (often happily) receive the photo.

Sexting is something so many children do now, without apparent knowledge of or thought to its illegality. I think it can be compared in some ways to children years ago studying the pictures in Playboy. Unfortunately, the repercussions are currently far different, and certainly more serious.

 

[Ohiogal]

Ohio seems to have had a rash of both high school student and middle school students caught sexting this year, huh?

I read where there have been numerous phones confiscated over nude-photo content and distribution, resulting in a few school expulsions and at least one student charged and convicted of a felony.

I think one of the problems with student-sexting is that many of those pictured intentionally send nude photos of themselves to others, so it is hard to determine exactly who is the victim - the child who took the photo or those who (often happily) receive the photo.

Sexting is something so many children do now, without apparent knowledge of or thought to its illegality. I think it can be compared in some ways to children years ago studying the pictures in Playboy. Unfortunately, the repercussions are currently far different, and certainly more serious.

When it comes to child PORN, the children IN the pictures and those receiving the pictures are all victims depending. If you distribute it that becomes a problem. One of the Steubenville football players was convicted of such in addition to rape.

 

[quincy]

When it comes to child PORN, the children IN the pictures and those receiving the pictures are all victims depending. If you distribute it that becomes a problem. One of the Steubenville football players was convicted of such in addition to rape.

Those who are photographed surreptitiously are clearly victims as are, of course, those who are raped. And I think those who receive unsolicited photos could be labeled victims.

But I am not sure most sexting photos should be labeled child pornography, although technically and according to the laws currently in place, these photos are just that - making the penalties when caught extremely harsh.

While I think educating children on the illegal nature and future consequences of sexting is vital, I also think that new laws need to be enacted that address this "special type" of child pornography - laws similar to the "Romeo and Juliet" laws now in existence in many states that recognize that it is not unusual or abnormal for teens to have sex.

 

[Ohiogal]

Those who are photographed surreptitiously are clearly victims as are, of course, those who are raped. And I think those who receive unsolicited photos could be labeled victims.

But I am not sure most sexting photos should be labeled child pornography, although technically and according to the laws currently in place, these photos are just that - making the penalties when caught extremely harsh.

While I think educating children on the illegal nature and future consequences of sexting is vital, I also think that new laws need to be enacted that address this "special type" of child pornography - laws similar to the "Romeo and Juliet" laws now in existence in many states that recognize that it is not unusual or abnormal for teens to have sex.

Actually naked pictures in Ohio are NOT all pornography. There is actually a very specific definition. And to be child porn it has to be more than just a naked child.

 

[quincy]

Actually naked pictures in Ohio are NOT all pornography. There is actually a very specific definition. And to be child porn it has to be more than just a naked child.

Under what laws are these children caught texting being charged, then? Is it primarily the distribution of the photos that is causing the most trouble for children in Ohio (sending on to others a photo meant for the eyes of only one)?

The photos that are sent tend to be, according to my research, simple nude "selfies."

My understanding is that in Ohio currently, under the state's child pornography laws, it is a crime to create, reproduce, buy, sell or possess any obscene material or material involving a minor.

Is the law being relaxed a bit in the case of sexting teens? I understand from my reading that, that is the direction the legislators are working on taking the law.

 

[Ohiogal]

Under what laws are these children caught texting being charged, then? Is it primarily the distribution of the photos that is causing the most trouble for children in Ohio (sending on to others a photo meant for the eyes of only one)?

The photos that are sent tend to be, according to my research, simple nude "selfies."

My understanding is that in Ohio currently, under the state's child pornography laws, it is a crime to create, reproduce, buy, sell or possess any obscene material or material involving a minor.

Is the law being relaxed a bit in the case of sexting teens? I understand from my reading that, that is the direction the legislators are working on taking the law.

Material involving a minor. Think of this: Bathtub photos of toddlers. You take a picture of your 2 year old in the bathtub and show your spouse -- that is not porn. It is a naked child but it is NOT porn and does not fall under the statute. Nude selfies? Are they Richard pictures? Or just pictures of boys who happen to be nude? Is there emphasis on the genitalia or breasts if of females? Does that somewhat help?

 

[quincy]

Material involving a minor. Think of this: Bathtub photos of toddlers. You take a picture of your 2 year old in the bathtub and show your spouse -- that is not porn. It is a naked child but it is NOT porn and does not fall under the statute. Nude selfies? Are they Richard pictures? Or just pictures of boys who happen to be nude? Is there emphasis on the genitalia or breasts if of females? Does that somewhat help?

I guess.

I know for awhile that even bathtub photos of toddlers led to problems for parents in some states because of the wording of the laws. Saner heads now seem to have judged this type of photo is not child pornography (depending, of course, on the facts).

At any rate, although we do not know the reason for the son's phone being held by the police, JustinTheJust1 will want to hire an attorney for him if he is charged with any crime relating to the photo or photos on the phone.