Kids do stupid things. I did stupid things when I was a kid too. I recently heard a judge remark that he still wonders how he survived his own teenage years.
Advances in technology and social media have resulted in an explosion of internet pictures and videos. Unfortunately, the ease of recording and sharing leads to poor judgement, which can result in criminal charges for young adults.
At Berry Law, we’ve seen an increase in these cases. Some involve cyberbullying and result in felony terroristic threat charges. In some of the more severe examples, young adults sending nude photos and sexual videos are charged with possession and distribution of child pornography.
While many of these cases involve voluntary participants, some include unwilling participants. Regardless, consent or is never a defense.
Voluntary Participants
These are cases in which underage individuals voluntarily participate in video recording or picture-taking of sex acts with other minors. Unfortunately, these digital images are frequently posted in Snapchat, Instagram, and other social media platforms. In some instances, they are emailed or text-messaged to other classmates. Not only has the person who created the picture committed a crime, but so have the individuals who receive and possess it. When it comes to child pornography, there are different penalties for production, distribution, and possession, but all of these acts are felonies.
Unwilling Participants
There are also cases in which the individual depicted was not a willing participant. This is often charged as unlawful intrusion. In these cases, an individual has pictures taken of him or her without consent. For example, if a student took another photograph of a student in a locker room, this could be charged as unlawful intrusion. Depending on the state of undress, it could also be charged as production and/or distribution of child pornography.
Lifelong Consequences
Ten years ago, it seemed unfathomable that every teenager would have a cell phone, but this has become the norm. We all know that kids make poor decisions from time to time, but the creation and distribution of sexually explicit material among underage teens is a felony. Not only does the person taking, distributing, or possessing the video face potential criminal charges and jail time, but also risks placement on the sex offender registry.
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Protecting Your Child’s Future
Most parents who contact criminal defense lawyers are concerned that their child might be charged with a crime fear that the child’s future is in jeopardy. These parents are right. It is especially frustrating when the child has worked hard to maintain good grades and intends to go to college or has definite career plans upon graduation from high school.
A good Lincoln criminal defense attorney knows many ways to attack the problem. Berry Law has been defending the Constitutional rights of clients and protecting their futures for decades.
If your loved one has been charged with pornography creation, distribution, or possession, contact Berry Law today.
