I think a more interesting issue to discuss regarding this case is whether or not the distribution of pictures merits the application of laws against child pornography, considering the spirit in which these laws are enacted. As far as I can tell, the almost universally applied, legally acceptable argument for limiting the constitutionally granted freedom of expression in cases of child pornography rests on the concept of exploitation of minors.
This girl was clearly not exploited or coerced during the production of the images in question, so I cannot see why, in the spirit in which enacted, the laws defining the crimes of which this boy is charged are applicable. Seen strictly in light of the letter of the law, and what this article reports, it seems to be a case of a manufacturer of child pornography going free because she's an underaged girl, and a distributor of child pornography being charged as an adult despite being an underaged boy.
I know the opinions on this subject are many, and often very passionate, but the significant departure from the argument justifying the limitation to constitutionally granted rights, and the unjustifiable disparity between the accused and the purported victim makes this seem like nothing more than a moral witch hunt. I hope that the courts see reason and refuse to take part in that kind of charade.
This girl was clearly not exploited or coerced during the production of the images in question, so I cannot see why, in the spirit in which enacted, the laws defining the crimes of which this boy is charged are applicable. Seen strictly in light of the letter of the law, and what this article reports, it seems to be a case of a manufacturer of child pornography going free because she's an underaged girl, and a distributor of child pornography being charged as an adult despite being an underaged boy.
I know the opinions on this subject are many, and often very passionate, but the significant departure from the argument justifying the limitation to constitutionally granted rights, and the unjustifiable disparity between the accused and the purported victim makes this seem like nothing more than a moral witch hunt. I hope that the courts see reason and refuse to take part in that kind of charade.