# Teen sends nudes, gets charged for sexual exploitation of herself

**URL:** <https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [September 3, 2015, 3:14am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777 "2015-09-03T03:14:06Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Fubaya](https://avatars.discourse-cdn.com/v4/letter/f/c2a13f/32.png) [@Fubaya](https://boards.straightdope.com/u/Fubaya)\
**Post date:** [September 3, 2015, 3:14am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/1 "2015-09-03T03:14:06Z")

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I don’t know where to put this. Maybe there’s a debate to be had but I don’t have any opinions on teen sexting. It just seems very strange to charge her as an adult for a crime against herself as a minor.

[http://www.fayobserver.com/news/local/nc-law-teens-who-take-nude-selfie-photos-face-adult/article\_ce750e51-d9ae-54ac-8141-8bc29571697a.html?TNNoMobile](http://www.fayobserver.com/news/local/nc-law-teens-who-take-nude-selfie-photos-face-adult/article_ce750e51-d9ae-54ac-8141-8bc29571697a.html?TNNoMobile)

> [@](#):
>
> After a 16-year-old Fayetteville girl made a sexually explicit nude photo of herself for her boyfriend last fall, the Cumberland County Sheriff’s Office concluded that she committed two felony sex crimes against herself and arrested her in February.
> 
> The girl was listed on a warrant as both the adult perpetrator and the minor victim of two counts of sexual exploitation of minor - second-degree exploitation for making her photo and third-degree exploitation for having her photo in her possession.

(Edited a couple typos)

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**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\
**Post date:** [September 3, 2015, 3:21am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/2 "2015-09-03T03:21:32Z")

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Pathetic horseshit that needs to go to goddamn supreme court, how on earth can you commit a crime against YOURSELF.

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**Author:** ![get\_lives](https://avatars.discourse-cdn.com/v4/letter/g/ecb155/32.png) [@get\_lives](https://boards.straightdope.com/u/get_lives)\
**Post date:** [September 3, 2015, 3:26am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/3 "2015-09-03T03:26:18Z")

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Yeah, at the risk of bringing out the contrarians, I’ll go ahead and agree that this is catastrophically stupid. I’m just so glad I’m not associated with the D.A., the cops, or the lawmakers in any way.

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**Author:** ![yawuntz](https://avatars.discourse-cdn.com/v4/letter/y/a5b964/32.png) [@yawuntz](https://boards.straightdope.com/u/yawuntz)\
**Post date:** [September 3, 2015, 3:32am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/4 "2015-09-03T03:32:00Z")

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Hopefully she’s not in a position of authority…

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**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\
**Post date:** [September 3, 2015, 3:37am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/5 "2015-09-03T03:37:17Z")

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That has long been the law and it can be enforced extremely seriously if law enforcement, prosecutors and the judicial system choose to. The basic idea is that they really don’t want underage nude photos or porn going into general circulation even if the initial distributor is the model herself (or himself).

I hope the judicial system goes easy on her but the child pornography laws are so Draconian in some states that almost anyone could be caught up in a harsh sting if the letter of the law is followed. I don’t mean intentional stuff. Even a virus or an e-mail could theoretically trigger a prison sentence for an unknowing person in a state with [strict liability laws](http://legal-dictionary.thefreedictionary.com/Strict+Liability) for such things.

**grude** , it is very possible to commit many crimes against yourself. This is not the only example by far.

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**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\
**Post date:** [September 3, 2015, 3:54am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/6 "2015-09-03T03:54:32Z")

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> [@Shagnasty](#):
>
> That has long been the law and it can be enforced extremely seriously if law enforcement, prosecutors and the judicial system choose to. The basic idea is that they really don’t want underage nude photos or porn going into general circulation even if the initial distributor is the model herself (or himself).
> 
> I hope the judicial system goes easy on her but the child pornography laws are so Draconian in some states that almost anyone could be caught up in a harsh sting if the letter of the law is followed. I don’t mean intentional stuff. Even a virus or an e-mail could theoretically trigger a prison sentence for an unknowing person in a state with [strict liability laws](http://legal-dictionary.thefreedictionary.com/Strict+Liability) for such things.
> 
> **grude** , it is very possible to commit many crimes against yourself. This is not the only example by far.

Then make it a misdemeanor for a minor to create child porn of themself, tada.

I’m curious what other crimes you can commit where you are the victim, got a cite?

I thought in strict liability the state is the victim or something like that.

How can she be charged as an adult for creating the photos AND violating a minor? Either she is an adult or not right?

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**Author:** ![Happy\_Lendervedder](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_lendervedder/32/8488_2.png) [@Happy\_Lendervedder](https://boards.straightdope.com/u/Happy_Lendervedder)\
**Post date:** [September 3, 2015, 4:10am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/7 "2015-09-03T04:10:08Z")

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If sexual exploration of oneself at 16 is a crime, I shoulda been locked up with the hardest of criminals.

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**Author:** ![ITR\_champion](https://avatars.discourse-cdn.com/v4/letter/i/c67d28/32.png) [@ITR\_champion](https://boards.straightdope.com/u/ITR_champion)\
**Post date:** [September 3, 2015, 4:15am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/8 "2015-09-03T04:15:02Z")

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> [@grude](#):
>
> I’m curious what other crimes you can commit where you are the victim, got a cite?

Smoking marijuana. Who’s the victim of that crime?

The case that the OP linked to is not unique. Teens all over the country have been prosecuted for distributing pictures of themselves, the result of laws written before phones had cameras. While we should do everything possible to inform teens that distributing nude photos of oneself or anyone else is abysmally stupid, it should not be a crime.

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**Author:** ![Ambivalid](https://avatars.discourse-cdn.com/v4/letter/a/a5b964/32.png) [@Ambivalid](https://boards.straightdope.com/u/Ambivalid)\
**Post date:** [September 3, 2015, 4:22am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/9 "2015-09-03T04:22:36Z")

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> [@ITR\_champion](#):
>
> Smoking marijuana. Who’s the victim of that crime?

All of us, that’s who. ☹

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**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\
**Post date:** [September 3, 2015, 4:25am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/10 "2015-09-03T04:25:03Z")

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> [@ITR\_champion](#):
>
> Smoking marijuana. Who’s the victim of that crime?
> 
> The case that the OP linked to is not unique. Teens all over the country have been prosecuted for distributing pictures of themselves, the result of laws written before phones had cameras. While we should do everything possible to inform teens that distributing nude photos of oneself or anyone else is abysmally stupid, it should not be a crime.

I don’t think smoking marijuana is a crime, possession is.

(I agree with you)

I wonder if a teen caught masturbating is charged with child molestation of themself, what if they admit to tens of thousands of molestations of themself?

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**Author:** ![Deeg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/deeg/32/2955_2.png) [@Deeg](https://boards.straightdope.com/u/Deeg)\
**Post date:** [September 3, 2015, 4:43am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/11 "2015-09-03T04:43:08Z")

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One reason it might be taken seriously is what happens if a girl takes an explicit picture of herself and then sends it to an adult? They immediately become guilty of possessing child porn, right? Even if they didn’t request it.

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**Author:** ![Flyer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/flyer/32/7298_2.png) [@Flyer](https://boards.straightdope.com/u/Flyer)\
**Post date:** [September 3, 2015, 5:18am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/12 "2015-09-03T05:18:11Z")

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Anybody who is surprised at this has not paid attention to the news for the past several years.

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**Author:** ![Fubaya](https://avatars.discourse-cdn.com/v4/letter/f/c2a13f/32.png) [@Fubaya](https://boards.straightdope.com/u/Fubaya)\
**Post date:** [September 3, 2015, 5:29am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/13 "2015-09-03T05:29:21Z")

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What’s strange is that she wasn’t charged with sending the photo, just taking and possessing it. An adult with a photo of an underage person is doing it for sexual purposes, a person with a photo of themselves is obviously not. That’s the same as looking in the mirror naked. If anything, I’d think she’d be charged for sending it.

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**Author:** ![kopek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kopek/32/337_2.png) [@kopek](https://boards.straightdope.com/u/kopek)\
**Post date:** [September 3, 2015, 5:54am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/14 "2015-09-03T05:54:07Z")

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> [@grude](#):
>
> I’m curious what other crimes you can commit where you are the victim, got a cite?

The two obvious ones are attempting suicide/suicide and drug abuse/use. But I do find it interesting that this has come up other places as well.

[http://www.thelawforum.co.uk/crimes-against-yourself](http://www.thelawforum.co.uk/crimes-against-yourself)

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**Author:** ![PatrickLondon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/patricklondon/32/4422_2.png) [@PatrickLondon](https://boards.straightdope.com/u/PatrickLondon)\
**Post date:** [September 3, 2015, 7:16am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/15 "2015-09-03T07:16:59Z")

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We’ve just had a case reported of what sounds, on the face of it, to be a similar over-reaction.

_A boy who sent a naked photo of himself to a girl at school has had the crime of making and distributing indecent images recorded against him by police, the BBC has learnt._

[http://www.bbc.co.uk/news/uk-34136388](http://www.bbc.co.uk/news/uk-34136388)

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**Author:** ![grude](https://avatars.discourse-cdn.com/v4/letter/g/e47774/32.png) [@grude](https://boards.straightdope.com/u/grude)\
**Post date:** [September 3, 2015, 7:26am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/16 "2015-09-03T07:26:48Z")

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> [@kopek](#):
>
> The two obvious ones are attempting suicide/suicide and drug abuse/use. But I do find it interesting that this has come up other places as well.
> 
> [http://www.thelawforum.co.uk/crimes-against-yourself](http://www.thelawforum.co.uk/crimes-against-yourself)

I don’t think it is per se illegal to use or abuse drugs or be a drug addict, just possession right? I realize that one has to follow the other.

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**Author:** ![Novelty\_Bobble](https://avatars.discourse-cdn.com/v4/letter/n/a3d4f5/32.png) [@Novelty\_Bobble](https://boards.straightdope.com/u/Novelty_Bobble)\
**Post date:** [September 3, 2015, 9:17am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/17 "2015-09-03T09:17:37Z")

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It does make one weep for the future doesn’t it?

Christ, I think about the consensual sexual activity myself and my friends got up to at age 14-16 and shiver at the thought of any of that being captured for posterity.  
Were that in the age of snapface or instatweet I’m pretty sure none of us would have escaped the long arm of the law.

Kids are kids, draconian reactions like this aren’t going protect anyone and nor are they going to change a teenager behaviour in response to raging hormones. you’ve got to hope that sanity will prevail here and a reasonable and measured judgement will be made.

The frightening part for me as a parent is that my little ones still have this to negotiate. My wife and I have no interaction with social media at all and nor do the kids but, sure as eggs is eggs, they are going to have to navigate their way through it at some point. We do have dining table conversations about exactly these sort of situations though, so hopefully they’ll have a watchful wariness when the time comes.

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**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\
**Post date:** [September 3, 2015, 10:11am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/18 "2015-09-03T10:11:54Z")

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Is the crime merely making? Or sending? Thats distinguishable. The former is difficult to accept as reasonable the latter completely unexceptional.

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**Author:** ![Count\_Blucher](https://avatars.discourse-cdn.com/v4/letter/c/c5a1d2/32.png) [@Count\_Blucher](https://boards.straightdope.com/u/Count_Blucher)\
**Post date:** [September 3, 2015, 11:27am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/19 "2015-09-03T11:27:58Z")

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> [@Fubaya](#):
>
> Teen sends nudes, gets charged for sexual exploration of herself

I think you mean exploitation. Charged for exploration would be more like… more like… dammit kids, get off my lawn!

> [@Happy\_Lendervedder](#):
>
> If sexual exploration of oneself at 16 is a crime, I shoulda been locked up with the hardest of criminals.

New Improved Rule 34, now with bleach…!

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**Author:** ![Isamu](https://avatars.discourse-cdn.com/v4/letter/i/7c8e57/32.png) [@Isamu](https://boards.straightdope.com/u/Isamu)\
**Post date:** [September 3, 2015, 11:37am UTC](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777/20 "2015-09-03T11:37:43Z")

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> [@Fubaya](#):
>
> An adult with a photo of an underage person is doing it for sexual purposes,

My mother has lots of naked photos of young kids. Her Children. I don’t think it’s for sexual purposes.

[Next page](https://boards.straightdope.com/t/teen-sends-nudes-gets-charged-for-sexual-exploitation-of-herself/729777.md?page=2)
