austindefender

Criminal defense in Austin Texas.

Sexting

Posted By on March 23, 2010

A federal court last week said a teenage girl couldn’t be prosecuted on child pornography charges, after naked pictures of her turned up on the cell phones of her classmates.

According to the ABA Journal, the appellate court said there was “no evidence the girl had been involved in the distribution of the photo.”

“As a result, the district attorney’s threat to prosecute unless she attended a class and wrote an essay” was “compelled speech,” and a violation of her rights.

It’s an interesting case, but I wonder how the essay was “compelled,” if the DA didn’t actually have a case?

Whether “sexting” – sending naked pictures of yourself by cell phone – is a free speech right was a question the court didn’t reach, the Journal says.  Personally, I think it depends on what you look like.


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