July 29, 2014
Judge Tom
2

A shocking possibility from sexting

sexting

As you know, prosecutors need evidence to go forward with charges against someone. The evidence may be direct eyewitness testimony or circumstantial evidence. Sometimes law enforcement takes samples of hair, urine or blood to test or to do DNA analysis. Photographs are also used for identifying suspects. If there is something distinctive about a tattoo or its location, for example, it may become important in a criminal case.

sexting

Photo by Pro Juventute (Flickr)

An unnamed 17-year-old in Manassas, Virginia, probably didn’t consider any of this when he texted an explicit video to his 15-year-old girlfriend. A juvenile court judge issued a warrant in July, 2014, authorizing the police to take photos of his erect penis to be used at trial (evidence of sexting). Arrangements would be made for an injection at a local hospital to obtain the needed evidence.

After the warrant became public, cooler heads prevailed and the police decided not to pursue this avenue. The boy is charged with felony possession and manufacturing child pornography.

Just one more reason not to engage in sexting. The consequences may be forever.

Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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2 Comments

  • Ann
    February 28, 2017 7:50 pm count( 0 )

    Question.. Im 71 yrs old in Missouri and a recent victim of a 15 yr old next door neighbor, who texted me to request a sexual encounter with him. He asked that he come over when my sons not home. Now im scared of any contact with him and the juvenile court says they wont prosecute. This boy is 90% of the time unsupervised…. Is there any other way to handle this. Thank you for any help.
    Dear Ann: If the “juvenile court” won’t act on this incident, you could speak with the police and/or his parents about this. The boy shouldn’t be allowed to get away with such outrageous behavior. You don’t know what he’s capable of or what he’ll do next. You need to protect yourself and others, if possible. Good luck.
    (This is information only – not legal advice).

  • Julie
    November 2, 2014 2:26 pm count( 1 )

    Students need to realize that they can be charged with child pornography. I know of a few cases where girls have been arrested for distribution after sending pictures of themselves to boyfriends or potential boyfriends.
    You’re absolutely right, Julie. Teens must understand that criminal laws apply to them and they can be charged with serious offenses. Think before posting anything questionable. Thanks for writing us. -ATJ.info