He said it's absurd when a teen who sends a picture to another teen is punished as harshly as an adult who films himself performing sex acts with a minor. 20 ruling, Cajacob wrote that Minnesota's child pornography statute is designed to protect children from victimization, and that using it to punish the girl for sending explicit images of herself "produces an absurd, unreasonable, and unjust result that utterly confounds the stated purpose of the statute."ĭefense attorney John Hamer said he was thrilled the judge ended "the unabashed state-sponsored victim-shaming the prosecution engaged in." A message left with the Rice County attorney wasn't immediately returned Friday.Ĭajacob also wrote that the severe penalties if convicted - including a mandatory 10 years on the sex offender registry - suggest the statute targets adults who abuse children, not teens who sext each other. After a classmate reported it to police, prosecutors charged the girl with one count of felony dissemination of pornographic work. Sexting 18-Year-Old Faces Possible 70 Years in Federal Prison for Snapchat Sexting Crime 'I'm not saying my kid should get nothing,' says Eric Beyer Jr.'s mother. The American Civil Liberties Union of Minnesota made a redacted version of the decision public Friday, saying the ruling by Rice County District Court Judge John Cajacob sends a message that prosecuting teens for sending explicit images of themselves isn't the intent of Minnesota's child pornography law.Īccording to court documents, the girl, who is not being identified because of her age, sent an image to a boy last fall and it was saved and shared with others.
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