Here's Hoping Maryland Legislators Have An Attack Of Balance And Sense
I've blogged about teens who've been deemed "sex offenders" by the courts, simply because they sent a naked selfie -- either their own or one they were sent by another teen that they passed along.
Ryan E. Little writes at CBS Baltimore:
Teens could be exempted from Maryland's child pornography laws in certain cases if the General Assembly passes any one of four differing bills filed this session.Lawmakers want to decriminalize teen "sexting," a practice that arose with the mass adoption of smartphones and that experts say is fairly common among teenagers.
But legislators will have to do more than protect teenagers from prosecution under established laws written to protect them from adult predators.
They must decide what should be done when teens send explicit "selfies" and draw a line on when an act becomes more sinister without creating loopholes that exempt minors who are exploiting their peers.
Legislators hope to protect boys and girls like a 16-year-old convicted as her own pornographer. Maryland's top court called on the legislature to craft the exemption when it upheld that girl's conviction last year.
So often our laws are not about protecting the public but protecting the legislators' careers.
I'm hoping there will be sufficient public outcry, like about the 16-year-old convicted for "exploiting" herself, as if she were some wizened pornographer being all pimpy Pied Piper with a bunch of teens with smartphones.
via ifeminists








It won't pass. I can already tell you what will happen: Local activists will get TV local news programs to produce a bunch of hysterical stories about "legalizing child porn". And that will be that.
Cousin Dave at February 10, 2020 7:02 AM
Man, that's going to be a hard law to draft. Would love to participate in an intelligent conversation about how to de-criminalize the 90+% of consensual teenage behavior (such as sexting selfies) that would otherwise be catagorized as "child porn," while retaining the ability to stop actual behavior that IS sexually exploitative of those under age 18. Hmmm.
RigelDog at February 10, 2020 7:43 AM
Don't need a new "law"-- just need prosecutors with sense to know the difference.
This BS of "we have to write a specific law" causes a lot of problems. No, you don't. You don't need legislation at all. Just protect victims and stop victimizing anyone. So simple. Political simpletons can't figure this out? How stupid must they be?
Kent McManigal at February 10, 2020 8:05 AM
prosecutors with sense
Uh huh.
This is what happens when you cross "low hanging fruit" with the Law of Unintended Consequences: prosecutors have easy wins because the law is an ass. They look "tough on crime" and more importantly, about protecting "underage victims".
How stupid must they be?
That's a hole with no bottom.
I do have a question. From the fine article, emphasis mine:
I presume those friends - who actually distributed the video to third parties - were also similarly charged?
I R A Darth Aggie at February 10, 2020 10:22 AM
I have to agree with IRA here. Prosecutorial discretion is a synonym for corruption. Some will use it appropriately. Most will not. Instead they will be harassing those they don't like and refusing to deal with obviously criminal people who are related to people they do like.
That is just part of human nature and you can't change it.
Ben at February 10, 2020 11:33 AM
Discretion. Ah, yes, I have your discretion right here:
https://www.wtxl.com/news/local-news/tpd-investigating-a-pedestrian-involved-crash-on-west-tennessee-street
I'm pretty sure that's considered vehicular manslaughter in most places.
I R A Darth Aggie at February 10, 2020 1:31 PM
What are the odds it is the mayor's kid? Senator's?
Yep, IRA. That is the face of prosecutorial discretion.
Ben at February 11, 2020 4:26 AM
This has been addressed before, as I pointed out that we consider pictures to be real people at hand when it's convenient to demonstrating our righteousness.
Back to the topic: how do you tell who put pics of the underage teens on the phone when the phone is registered to Uncle Steve?
Radwaste at February 11, 2020 2:58 PM
I'm just pointing out that "laws" are NEVER a solution, but only cause more problems.
If you think government can (or would) fix anything, your brain isn't working and you don't understand what government is.
Kent McManigal at February 12, 2020 8:26 AM
Would it really be that hard to pass a law that says the person in the picture can't be prosecuted as a child pornographer? Seems to me that would solve much of the problem without creating any loopholes.
Rex Little at February 12, 2020 8:11 PM
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