# How can a 15 girl be charged with this ??? **URL:** \ **Category:** Factual Questions\ **Created:** [April 5, 2004, 1:34pm UTC](https://boards.straightdope.com/t/how-can-a-15-girl-be-charged-with-this/238345 "2004-04-05T13:34:59Z")\ **Posts on this page:** 11\ **Page:** 1
**Author:** ![Achilles](https://avatars.discourse-cdn.com/v4/letter/a/dc4da7/32.png) [@Achilles](https://boards.straightdope.com/u/Achilles)\ **Post date:** [April 5, 2004, 1:34pm UTC](https://boards.straightdope.com/t/how-can-a-15-girl-be-charged-with-this/238345/1 "2004-04-05T13:34:59Z")
[http://www.theregister.co.uk/content/6/36804.html](http://www.theregister.co.uk/content/6/36804.html) How can a 15 girl that posts nude / semi-nude pictures of herself online, be charged with “…the sexual abuse of children…” It just makes no sense. I mean the other charges are probably technically accurate, but “abuse” ? WTF ? ---
**Author:** ![Padeye](https://avatars.discourse-cdn.com/v4/letter/p/a9a28c/32.png) [@Padeye](https://boards.straightdope.com/u/Padeye)\ **Post date:** [April 5, 2004, 1:49pm UTC](https://boards.straightdope.com/t/how-can-a-15-girl-be-charged-with-this/238345/2 "2004-04-05T13:49:59Z")
Perhaps the prosecuter didn’t know what else to charge her with but wanted something as the pictures might cause someone else to be prosecuted. ---
**Author:** ![Ross](https://avatars.discourse-cdn.com/v4/letter/r/e274bd/32.png) [@Ross](https://boards.straightdope.com/u/Ross)\ **Post date:** [April 5, 2004, 2:00pm UTC](https://boards.straightdope.com/t/how-can-a-15-girl-be-charged-with-this/238345/3 "2004-04-05T14:00:21Z")
I suppose it’s just because this is such a new area. Previously if a 15 year-old girl was involved in pornography there would always have to be someone around who was older and therefore open to the charge. It’s only now that a 15 year-old can easily take and distribute pictures of herself with no middle-man involved. I agree, the charge makes no sense. But it’s probably the only one on the books that even remotely applies in this case. I suppose the logic would be that she ought to have more respect for herself until she’s over sixteen (at which point she’s invited to immediately lose it all again)… oh, what a mess. More respect for other younger or less mature girls who might end up being abused because of her? Maybe a bit better. The only solution I can think of is a new charge of “self-abuse” being used, but if _that’s_ a crime, 95% of internet users are going to jail anyway. ---
**Author:** ![Achilles](https://avatars.discourse-cdn.com/v4/letter/a/dc4da7/32.png) [@Achilles](https://boards.straightdope.com/u/Achilles)\ **Post date:** [April 5, 2004, 2:30pm UTC](https://boards.straightdope.com/t/how-can-a-15-girl-be-charged-with-this/238345/4 "2004-04-05T14:30:06Z")
> [@Ross](#): > > The only solution I can think of is a new charge of “self-abuse” being used, but if _that’s_ a crime, 95% of internet users are going to jail anyway. LOL. On an interesting note though, does shge realise that by mailing her pics to those other people, she was turning them into felons ? ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [April 5, 2004, 2:48pm UTC](https://boards.straightdope.com/t/how-can-a-15-girl-be-charged-with-this/238345/5 "2004-04-05T14:48:52Z")
> [@Ross](#): > > But it’s probably the only one on the books that even remotely applies in this case. Right. The statute probably makes no provision either for the age of the perpetrator nor an exception for _abuso-de-se_ , i.e. it doesn’t ordain it’s about “…photographs of _another_ person, under the age…” ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [April 5, 2004, 4:26pm UTC](https://boards.straightdope.com/t/how-can-a-15-girl-be-charged-with-this/238345/6 "2004-04-05T16:26:16Z")
The link doesn’t indicate in what state the girl lives. We’d need to look at that state’s statutes to determine whether the charge of sexual abuse is legitimate. She was also harged with possession and distribution of child pornography. ---
**Author:** ![Celyn](https://avatars.discourse-cdn.com/v4/letter/c/9dc877/32.png) [@Celyn](https://boards.straightdope.com/u/Celyn)\ **Post date:** [April 5, 2004, 4:29pm UTC](https://boards.straightdope.com/t/how-can-a-15-girl-be-charged-with-this/238345/7 "2004-04-05T16:29:20Z")
> [@Achilles](#): > > LOL. > > On an interesting note though, does shge realise that by mailing her pics to those other people, she was turning them into felons ? Now, wouldn’t **that** be a very crafty way to make trouble for people she didn’t like? Hmm. No, I am not seriously suggesting that that was her intention. ---
**Author:** ![casdave](https://avatars.discourse-cdn.com/v4/letter/c/c6cbf5/32.png) [@casdave](https://boards.straightdope.com/u/casdave)\ **Post date:** [April 5, 2004, 4:38pm UTC](https://boards.straightdope.com/t/how-can-a-15-girl-be-charged-with-this/238345/8 "2004-04-05T16:38:04Z")
By putting images of herself on the net she helps keep the market demand for such images working. Its a bit of a reach but maybe the prosecution will work along similar lines. ---
**Author:** ![Uncommon\_Sense](https://avatars.discourse-cdn.com/v4/letter/u/f9ae1b/32.png) [@Uncommon\_Sense](https://boards.straightdope.com/u/Uncommon_Sense)\ **Post date:** [April 5, 2004, 4:39pm UTC](https://boards.straightdope.com/t/how-can-a-15-girl-be-charged-with-this/238345/9 "2004-04-05T16:39:14Z")
The story says the girl distributed the pictures to other people in online chatrooms. If those people that recieved them were minors then the charges make sense. ---
**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\ **Post date:** [April 5, 2004, 5:50pm UTC](https://boards.straightdope.com/t/how-can-a-15-girl-be-charged-with-this/238345/10 "2004-04-05T17:50:36Z")
Similarly, if two 15 year olds have sex in Florida, they are both guilty of felonies. When the law says you cannot perform lewd assaults on children under 16, it does not exclude those who are under 16 themselves. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [April 5, 2004, 8:08pm UTC](https://boards.straightdope.com/t/how-can-a-15-girl-be-charged-with-this/238345/11 "2004-04-05T20:08:55Z")
According to some articles linked in the PIT thread on this topic, the state in question is Pennsylvania. The PA [statutes](http://members.aol.com/StatutesP5/18PA6312.html) define the crime: > [@](#): > > § 6312. Sexual abuse of children. > (a) Definition.–As used in this section, “prohibited sexual act” means sexual intercourse as defined in section 3101 (relating to definitions), masturbation, sadism, masochism, bestiality, fellatio, cunnilingus, lewd exhibition of the genitals or nudity if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such depiction. > > (b) Photographing, videotaping, depicting on computer or filming sexual acts.–Any person who causes or knowingly permits a child under the age of 18 years to engage in a prohibited sexual act or in the simulation of such act is guilty of a felony of the second degree if such person knows, has reason to know or intends that such act may be photographed, videotaped, depicted on computer or filmed. Any person who knowingly photographs, videotapes, depicts on computer or films a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such an act is guilty of a felony of the second degree. > > © Dissemination of photographs, videotapes, computer depictions and films.–Any person who knowingly sells, distributes, delivers, disseminates, transfers, displays or exhibits to others, or who possesses for the purpose of sale, distribution, delivery, dissemination, transfer, display or exhibition to others, any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act is guilty of a felony of the third degree. > > (d) Possession of child pornography.–Any person who knowingly possesses or controls any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of 18 years engaging in a prohibited sexual act or in the simulation of such act is guilty of a felony of the third degree. There’s no exception to the charge for being the subject of the self-portraits.