Friday, March 27, 2009

14-Year-Old Sex Offender?

The latest example of how bad laws can have bad consequences.

Girl Faces Child Porn Charges for Posting Nude Photos of Herself on MySpace

A 14-year-old New Jersey girl has been accused of child pornography after posting nearly 30 explicit nude pictures of herself on MySpace.com -- charges that could force her to register as a sex offender if convicted.

The case comes as prosecutors nationwide pursue child pornography cases resulting from kids sending nude photos to one another over cell phones and e-mail. Legal experts, though, could not recall another case of a child porn charge resulting from a teen's posting to a social networking site.

MySpace would not comment on the New Jersey investigation, but the company has a team that reviews its network for inappropriate images. The National Center for Missing and Exploited Children tipped off a state task force, which alerted the Passaic County Sheriff's Office.

The office investigated and discovered the Clifton resident had posted the "very explicit" photos of herself, sheriff's spokesman Bill Maer said Thursday.

"We consider this case a wake-up call to parents," Maer said. The girl posted the photos because "she wanted her boyfriend to see them," he said.

Investigators are looking at individuals who "knowingly" committed a crime, he said, declining to comment further because the case is still being investigated.

The teen, whose name has not been released because of her age, was arrested and charged with possession of child pornography and distribution of child pornography. She was released to her mother's custody.

If convicted of the distribution charge, she would be forced to register with the state as a sex offender under Megan's Law, said state Attorney General Anne Milgram. She also could face up to 17 years in jail, though such a stiff sentence is unlikely.

The original idea behind Megan's Law was to prevent creepy adults from having unfettered access to children. We wanted to prevent molestation.

Unfortunately, lots of things constitute a "sexual offense" these days, from actual molestation to horseplay to hugging. Even consensual sex between, say, an 18-year-old and a 15-year-old can result in a lifetime branding as a sexual offender, complete with all the restrictions that label requires.

I'm not championing the cause of people who rape and molest children. But being branded a sex offender is worse than being a murderer. At least, when the murderer completes his sentence, that's it.