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Teen Faces 2 Felonies As Police Drop Plan to Photograph His Erect Penis

Teen Faces 2 Felonies As Police Drop Plan to Photograph His Erect Penis

Earlier this year in a 15-year-old girl and her 17-year-old boyfriend were doing what dating teenagers do. These days that means texting instead of talking on the phone. Teenagers are also apt to explore their sexuality. These days that often means sexting via the phones they use to not talk. The Manassas, Virginia teenagers were doing just that earlier this year, which started with the girl sending nude photos of herself to her boyfriend, which prompted him to send a video which included his erect penis.

In the ensuing months, the boy would face two felony charges and a warrant to force him to have an erection.

After a complaint by the girl’s parents, the boy was arrested and charged with possession and manufacturing of child pornography. Sexting among minors is illegal in 20 states, including Virginia. Even though the activity is common among teens and done with seemingly few negative effects, states don’t differentiate by age. So whether the offender is 40 or 14, the same charges apply with penalties of up to forty years.

In this case, the possession charges stem from the photos that his girlfriend sent him, and the manufacturing charge is for his self-made video of him…or rather his penis. He could face up to twenty years in prison. The girl has not been charged.

After his arrest, the police searched his home and took photos of his genitals against his wishes. However, the photos the police took didn’t match what was in the video.

On July 1, the prosecutor told the boy that he had to plead guilty or they would seek a warrant to take photos of his erect penis. When his attorney inquired as to how that would be done, she replied that they would “take him down to the hospital, give him a shot and then take the pictures that we need.” The teen refused to plead guilty.

The prosecutor asked for a continuance and the police sought the warrant to essentially create their own child pornography. The police defended their decision, claiming that the sexting by the boy was unwanted after he was repeatedly asked to stop. Nevertheless, last week the police backed off their plan to force the erection and the taking of photographs.

At a hearing on July 15, the prosecutor said they would continue to pursue the felony charges, but they would not be using any of the previous photos of the boy’s genitals to prove their case. They are due back in court in August.

What do you think? Is it right to charge this boy with child pornography?

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196 comments

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11:11AM PDT on Oct 1, 2014

Oh for heavens sake! The girl's parents should have talked to the boy's parents without involving the police.

10:56AM PDT on Jul 27, 2014

Trying to get a underage boy to show you his erect penis certainly sounds like a chargeable offense to me but I am no expert.

6:44PM PDT on Jul 25, 2014

there is so much wrong with this case it bogles the mind. The simple truth is that if the police and prosecutors involved in this case have nothing better to do than this they must not really be needed and should be fired. They have too much time on their hands in their work day. Maybe they could empty the trash or clean up the bathrooms in the building where they work. That seems in line with the level of their so called professional behavior.

2:48PM PDT on Jul 23, 2014

This is probably for the best.

10:58AM PDT on Jul 23, 2014

Cheryl H, as Voltaire said, "Common sense is not so common."
Maybe the law enforcement and judicial idiots who think teens sharing videos and photos of them sexually abusing an unconscious victim should look at what Virginia's doing in this case. Those are the cases that need to be handled seriously, not two kids sexting each other consensually.

10:49AM PDT on Jul 23, 2014

I think the real pornographers here are the "law enforcement" personnel.
I find this whole issue utterly unbelievable, but not quite surprising.
I wonder what kind of photos they would have taken of the girl, or what they would have forced her to do against her will, had they charged her -- which it is only fair they should have.
But actually no one should have been charged with anything, and they should leave these kids alone. They are probably both already psychologically damaged for life.

6:50AM PDT on Jul 23, 2014

Law-enforcement gone mad !
The law is there to serve the public interest. What public interest is being served here ?
Pornography is the taking of photographs and distributing them. For one person to take a photo of themselves, and send it to one other person, is not pornography. If the guy kept sending photos of his penis after being asked to stop, then it could be regarded as harrassment, but not pornography.

9:40PM PDT on Jul 22, 2014

Why is it the police taking the boy's penis's picture against his wishes is considered ok? This is a sexual assault of a minor. And taking a picture of his penis is child pornography. But the boy doing the same with his own body voluntarily is not ok? This is just incredibly perverted.

10:42AM PDT on Jul 22, 2014

There is a difference between two 17-year-olds sexting each other and an adult and a child sexting each other. Common sense has to be used. One is a case of kids doing what kids do, and if her parents don't like it they need to talk to his parents and all the parents need to talk to the kids *without involving the police and pressing charges*. The other is a case where involving the police is appropriate.

8:29AM PDT on Jul 22, 2014

good grief

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