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How to be the perpetrator and victim according to North Carolina law

I just read about an extremely strange legal case in North Carolina. Apparently, a 17-year-old was charged with multiple counts of sexual exploitation for taking and possessing nude photos of a minor. Who is this minor? Himself, as he sent nude photos of himself to his 16-year-old girlfriend (and vice versa). That's right, according to North Carolina law, this kid was both the perpetrator and victim of this crime. Not only does that sound strange in and of itself, if this 17-year-old were to engage in sexual intercourse with his 16-year-old girlfriend, that would be perfectly legal under the state's laws. But to take a nude photo of himself and send it to his girlfriend? That's going to cost him... Fortunately, he was able to reach a plea deal where he won't have to register as a sex offender or spend any time in prison. He will be placed on probation for a year, however.

This is a very strange, backwards, and ancient law, in my opinion. Just imagine if this kid had to register as a sex offender for sending nude photos of himself (the minor in question) to his girlfriend, whom he'd legally be allowed to have sex with. He'd be forced to knock on neighbors' doors and tell them, "Yeah, I'm a sex offender. I looked at myself naked one time when I was 17-years-old, took a picture, sent it to my girlfriend, and so, like yeah." What will North Carolina think of next? "Teenage boy touches himself, gets arrested for touching a minor."

I'm not the only one who animatedly shook my head when reading about this case. University of Texas Medical Branch psychologist Dr. Jeff Temple agreed, saying, "[If every state went after nude photos in the way that North Carolina recently has] you're talking about millions of kids being charged with child pornography."

Author of the book Cybertraps for Educators, Fred Lane, added:

"There are about 10 or 12 mostly conservative states where they will prosecute kids for this, and it's kind of a moral values thing - they are trying to make an example of them because it's believed to be inappropriate behavior. There is a streak of moralizing that runs through this country that is disturbing sometimes."

I don't think anybody would disagree that child pornography is perverse and should be outlawed. However, a teenage boyfriend and girlfriend taking and sending suggestive photos of themselves to one another isn't child pornography, and they shouldn't be treated as such under the law. While the 17-year-old who was charged, his girlfriend, and others like them should probably be more careful about such things in the future, they shouldn't have to fear spending time in prison or having to register as sex offenders for these common and harmless acts.

http://thinkprogress.org/health/2015/09/21/3703648/north-carolina-sexting/

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