How Does Taking Nekkid Photos of Yourself Make You a Sex Offender?

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


Finally, some of the young folks being persecuted by prosecutors for taking scandalous cell phone photos of themselves are fighting back via lawsuits. But I don’t understand the charge: Why is it illegal to take/send someone dirty pictures of you, whatever your age? Granted, I will break my kids arms if/when I catch them doing something so stupid—and I certainly wish young girls, especially, wouldn’t disrespect themselves this way. But a crime, a sex crime? See if this makes sense to you. From the Times:

The picture that investigators from the office of District Attorney George P. Skumanick of Wyoming County had was taken two years earlier at a slumber party. It showed Marissa and a friend from the waist up. Both were wearing bras.

Mr. Skumanick said he considered the photo “provocative” enough to tell Marissa and the friend, Grace Kelly, that if they did not attend a 10-hour class dealing with pornography and sexual violence, he was considering filing a charge of sexual abuse of a minor against both girls. If convicted, they could serve time in prison and would probably have to register as sex offenders.

It was the same deal that 17 other students—13 girls and 4 boys—accepted by the end of February. All of them either been caught with a cellphone containing pictures of nude or seminude students, or were identified in one or more such photos.

I’m so confused: Who are the minors being sexually abused? Unless the photos were taken without the consent of the subject, I don’t see the criminal justice issue. To this DA, possession of a dirty photo of yourself is a crime. To me, it’s just really, really stupid.

I guess his heart’s in the right place, but where’d he learn legal logic?

On the bright side, maybe this will help Joe Average understand how coercive the criminal justice system can be. These kids have the kind of parents who can wage lawsuits on their behalf; other kids go to jail for crimes they didn’t commit, then live with a criminal record.

DONALD TRUMP & DEMOCRACY

Mother Jones was founded to do things differently in the aftermath of a political crisis: Watergate. We stand for justice and democracy. We reject false equivalence. We go after, and go deep on, stories others don’t. And we’re a nonprofit newsroom because we knew corporations and billionaires would never fund the journalism we do. Our reporting makes a difference in policies and people’s lives changed.

And we need your support like never before to vigorously fight back against the existential threats American democracy and journalism face. We’re running behind our online fundraising targets and urgently need all hands on deck right now. We can’t afford to come up short—we have no cushion; we leave it all on the field.

Please help with a donation today if you can—even just a few bucks helps. Not ready to donate but interested in our work? Sign up for our Daily newsletter to stay well-informed—and see what makes our people-powered, not profit-driven, journalism special.

payment methods

DONALD TRUMP & DEMOCRACY

Mother Jones was founded to do things differently in the aftermath of a political crisis: Watergate. We stand for justice and democracy. We reject false equivalence. We go after, and go deep on, stories others don’t. And we’re a nonprofit newsroom because we knew corporations and billionaires would never fund the journalism we do. Our reporting makes a difference in policies and people’s lives changed.

And we need your support like never before to vigorously fight back against the existential threats American democracy and journalism face. We’re running behind our online fundraising targets and urgently need all hands on deck right now. We can’t afford to come up short—we have no cushion; we leave it all on the field.

Please help with a donation today if you can—even just a few bucks helps. Not ready to donate but interested in our work? Sign up for our Daily newsletter to stay well-informed—and see what makes our people-powered, not profit-driven, journalism special.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate