Nancy Rommelmann from the July 2009 issue
On a chilly Tuesday morning in November 2007, 16-year-old Alex Davis was taking a shower before school when his mother, Betty, knocked on the bathroom door. There was someone downstairs, she said, a New York state trooper who had come at 7 a.m. to the family’s farm outside Rochester.
“She said, ‘I think it’s about Laurie,’ ” Alex recalls. “My stomach kind of dropped, and I thought, ‘This is not going to be good.’ ”
The previous Friday, after coming home from football practice with a few teammates, Alex had exchanged text messages with Laurie, a 14-year-old freshman (whose name has been changed in this story, as has Alex’s and his family’s). While his friends played Guitar Hero on his PS2, Alex, captain of the football, basketball, and tennis teams, read a message from Laurie saying she wanted to be a cheerleader.
“I said, well, I needed a cute cheerleader this year,” recalls Alex, a deep-voiced kid with an open face, dark eyes, and the synaptic quickness of a natural athlete. “And she said, ‘Oh, yeah? Well, is this cute?’ And then…”
And then Alex made what he now calls “that little two-second decision to mess up my whole life.” He opened photos Laurie took of herself with her cell-phone, in her bra and panties, and then just her panties. Alex texted back, asking for more and noting that the reception on his Verizon LG phone was crap. No problem, Laurie replied. She would send the photos to his email address. They soon arrived along with a bonus attachment: a video clip of Laurie performing a striptease. Alex was happy to receive the images and says Laurie seemed happy to send them, “like she was willing and she wanted to show more, I guess.” That might have been the end of it, had the files not, as digital files will, leaked onto the Internet. Within a day after Alex saw them, so did Laurie’s mother, who phoned Betty to say, “You need to talk to your son.”
So Betty and her husband Bill sat Alex on the stump that serves as a stool before the hearth of the home where three generations of Betty’s family have lived and asked Alex, a leader of their church youth group and recipient of several good citizen awards, what had happened. Alex told them. He said he was sorry and wanted to apologize. Betty called Laurie’s mother, who told her that an apology would be insufficient. Alex texted Laurie to ask what was going on. She answered that her father really wanted “to lay down the law.”
And now the law stood at Alex’s front door, asking on behalf of the Genesee County Sheriff ’s Department how the pictures came to be distributed. Alex explained that he had left the email inbox open on his Dell desktop. His buddy had forwarded the images to his own address. (According to Alex, he hadn’t shown the photos to anyone or posted them to his MySpace or Facebook pages, so he assumed this was how they made their way onto the Net. Later he would learn he was one of four boys who had received snapshots from Laurie and from whose computers the images had, like mononucleosis, spread exponentially.)
The trooper printed Alex’s statement on a printer he’d brought with him and watched while Alex signed it. Charges, he said, were pending.
Peer-to-Peer Flashing
Not far from the Davis farm stands the George Eastman House, a Versailles-size mansion in downtown Rochester that includes displays of the Eastman Kodak Company’s myriad photographic inventions, including the Brownie camera. Released in 1900, Brownies were designed for youngsters and marketed with the slogan, “So simple, they can easily be operated by any school boy or girl.” Pictorial ads of the time show young folks preserving memories of outdoor games and train rides.
Eastman likely never imagined that young people, empowered not only with cameras but mobile wireless network nodes, would instead shoot naked pictures of themselves and send them to friends, who often return the favor. We’re not talking about a few exhibitionistic teens, but millions of kids. In a 2008 TRU survey of 1,280 teenagers and young adults (all of whom had volunteered to participate), 20 percent of the teenagers and 33 percent of the young adults said they had transmitted nude or semi-nude photos or videos of themselves, a phenomenon the media have dubbed “peer-to-peer porn” or “sexting.”
This practice might be considered relatively harmless, the 21st-century version of “you show me yours, I’ll show you mine,” if it weren’t for federal and state laws that deal harshly with those who traffic in child pornography. The federal statute criminalizes the production, distribution, and possession of images depicting underage subjects engaged in sexually explicit conduct; depending on the charges, it mandates sentences of five to 30 years in prison. Because the technology that allows sexting is new, age-appropriate punishments have yet to be hammered out. Instead, laws designed to thwart middle-aged people who prey on children are being applied to the children themselves.
Sexting cases are piling up in courtrooms across the United States. Three Pennsylvania girls, ages 14 and 15, who took semi-nude pictures of themselves with their phones and sent them to their boyfriends are awaiting trial on charges of distributing child porn. (The boyfriends are charged with possession.) Last October a 15-year-old Ohio girl was taken in handcuffs to a juvenile detention facility after sending nude photos of herself to classmates. “I wasn’t really thinking when I did it,” she told the court, which threatened felony charges that would require her to register as a sex offender, charges that were dropped when she agreed to have her cell phone and Internet use monitored. Two teenagers in Florida were not as fortunate: In 2007 a state appeals court upheld their convictions for producing child porn. Although the pair didn’t pass around the snapshots, which showed them engaged in an “unspecified sex act,” the judges found a “reasonable expectation that the material will ultimately be disseminated.” Were that to happen, they observed, “future damage may be done to these minors’ careers or personal lives.” They did not say anything about the potential impact on their lives from a child pornography conviction.
Alex’s case isn’t even the first to arise in his part of the country. Genesee County, with a population of about 60,000, has seen “a dozen, 15 maybe” in the last two years, according to Assistant District Attorney Will Zickl. “I’m glad they didn’t have this technology when I was in high school,” he says. “Once you put your image out there, it’s out there. God knows where it can go. As computer-savvy and Net-savvy as kids are, they don’t think about that.”
Or maybe they do, and they just don’t care. While it’s hard to argue that it’s an awesome idea for teenagers to launch pictures of their genitals into cyberspace, the sheer number who do so suggests that they don’t share the concern for privacy that held sway over previous generations. When they close their bedroom doors, it is not necessarily to be alone. It might be to hook up with the whole world.
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Our society seems to forget that humans beings are animals with animal needs. The teenage years are when we become aware of this and before many of us have been brainwashed to think there is something wrong with this.
Our society seems to forget that humans beings are animals
with animal needs.
Sure, but it is illegal to act on them before 18.
The teenage years are when we become aware of this and before
many of us have been brainwashed to think there is something wrong
with this.
And there isn't?
Damn this stupid shit has just got to stop. Some kids ought to organize a gigantic 'naked teens' protest by facebook. Get millions of kids (or hell, even thousands would do it) to take nude shots of themselves and forwarding them all to the local police and to the whitehouse on a given day and overwhelm the fucked up system.
This whole thing is fucking stupid. If Laurie's parents weren't
so retarded as to take this to the police no one would have been
harmed. What they did costed everyone involved thousands of dollars
for nothing.
From the legal angle they need to change child pornography laws to
exclude people under 18, the same way many statutory rape laws do
not apply to minors.
From the societal perspective, Lauries dumbass parents need to
learn the Gran Torino Solution: When kids mess up, you assign them
a mentor and make them do some manual labor. You DON'T waste police
and judicial time with it.
Why doesn't anyone just talk to their neighbors anymore? It's
usually not hard to work things out if you really try.
forwarding them all to the local police and to the
whitehouse
If your local police chief and President Obama are accused of
receiving child porn, this could get really awesome really
quickly.
Also amazed at the power that is being handed over to the schools in these situations. Given that students have very little 14th amendment rights or due process that is as scary as anything else.
It is bizzare that Alex feels that he needs to apologize to
Laurie's family. They destroyed his life and should apologize to
him.
It is probably best that he never talk to anyone in that family
again
It seems to me that anyone with a modicum of common sense can differentiate between child pornography and teens acting like teens.
"The teenage years are when we become aware of this and before
many of us have been brainwashed to think there is something wrong
with this."
"And there isn't?"
There *is* something wrong with exposing yourself in public, and it
is naive to think that a picture sent electronically is "private",
but when produced by the individual herself, it should not be
punished at the same level as a young woman being coerced into
revealing herself for "modeling".
There is nothing wrong with young people exploring their sexuality,
but they must be educated on the dangers and consequences
associated with sex. Teaching abstainance as the most effective
method of avoiding unintentional pregnancy and disease is
admirable, but it *must* be combined with education about how to be
safe about having sex. "Abstainace only" creates more problems than
it is intended to "solve". Sure, screwing everything that moves is
not a healthy lifestyle, but having a few sexual encounters before
you settle down with someone is not the worst thing you can do to
yourself.
It's offical, the last vestiges of common sense have left
America.
I mean charging those girls with distrubuting porn when it's was
pics they took of themselves???
Sometimes you wonder how we can get any dumber, but then a story
like this comes along...
The problem, Tim, is that this is classic behavior, both of the
leftist and rightist kind.
"I see a behavior I don't like, let me find a way to stop
it."
Criminalizing it is, in their minds, the easiest way to stop it.
From drugs to sex to transfats to "hate speech", it's all the same
rationale.
Contacted for this article, Laurie's father would only say
on the record, "This country has laws in place to protect children.
Those laws need to be enforced, and parents need to pursue those
laws to the fullest extent to protect their children."
Then I guess he'd have no problem with having his daughter
prosecuted. After all, it's for the children.
I almost forgot: yo, fuck Laurie's father.
Now, this is where the digitized, instant-gratification concept
of youth culture is getting them in trouble. Instead of sending MMS
picture messages, which could get intercepted and forwarded, why
not just stick with doing things the old-fashioned way, like asking
the girl over and have her do the striptease there?
Just looking out for the youth of this country.
"Once you put your image out there, it's out there. God knows
where it can go. As computer-savvy and Net-savvy as kids are, they
don't think about that."
Well anyone who doesn't know pics can get out isn't very net savvy
at all. BTW, fuck Laurie's dad too.
Why wasn't Laurie prosecuted? She distributed the photos to begin with. Why was only Alex prosecuted?
Alex says he just "left his computer open" inadvertently,
causing the pictures to be forwarded. Also, he has no idea how that
baggie got in his car - it must be a friend. Assuming that were
true, is there still a crime?
I've got a lot less sympathy for the kids who forward the e-mails
than for kids who receive them. At the very least, they're
pr*cks.
Prosecuting someone's distributing pictures of herself as a child pornographer is like prosecuting someone who gives gifts as a thief.
"having a few sexual encounters before you settle down with
someone is not the worst thing you can do to yourself."
Ans many might say that that is one of the better things you can do
for yourself.
Here is the point that the law fails to account for in cases like
these. Teenagers are not children. THey are not adults either, but
they really don't belong in the same legal category as children,
especially where sex is concerned. A 30 year old having sex with a
16 year old is inappropriate and probably wrong in some moral
sense, but it is a whole different ball game from diddling a
pre-pubescent child.
And why assume that the naked picture is pornography? Perhaps she
took the picture purely for the aesthetic value.
Alex explained that he had left the email inbox open on his Dell desktop.
What the hell does that mean? I'm not a Windoze user, so maybe
that's a common occurance over in Redmond. But out here it takes at
least a modicum of hacking skills to get into someone else's email
account.
As computer-savvy and Net-savvy as kids are, they don't
think about that.
Computer-savvy is irrelevant, it's the "thinking" part that doesn't
happen. They're teenagers!
Note that in most states Alex could have invited Laurie over and he
and his friends could have had an orgy with her and the other
cheerleaders without any legal repercussions whatsoever.
Although the pair didn't pass around the snapshots, which
showed them engaged in an "unspecified sex act," the judges found a
"reasonable expectation that the material will ultimately be
disseminated." Were that to happen, they observed, "future damage
may be done to these minors' careers or personal lives." They did
not say anything about the potential impact on their lives from a
child pornography conviction.
That's just obscenely stupid. Is there a justification clause for
contempt of court?
What the hell does that mean? I'm not a Windoze user, so maybe
that's a common occurance over in Redmond. But out here it takes at
least a modicum of hacking skills to get into someone else's email
account.
It probably meant that after looking at the graphics he left his
computer on with email open, and while he wasn't looking his buddy
walked over to the desk and forwarded the message. The boys were
all at the same location.
Frequently, questionable photos are found by school authoritahs
who confiscate mobile phones in the classroom. I suppose that's
justifiable, but I often wonder how they justify extending their
power to include digging through the contents of students'
private property.
Additionally, if the state is going to classify teens as child
pornographers for taking pics of their boobies, shouldn't they also
be charging the school admins who unnecessarily and voluntarily
view such photos with possessing kiddie porn?
With all this talk about "sexting," it boils down to personal
responsibility. It's imperative that a teenager feel that a parent
could confiscate or check activity at and moment. It's the parent's
primary responsibility to teach their children that these devices
are a privilege with rules and standards in place.
Sad thing is, this trend will not go away since it's human nature
and the "cool" thing to do, but there are things a parent can do to
help prevent this behavior.
http://telldrd.com/Blog/BlogDetail.asp?p1=12030&p2=138&p7=3000
The Davises could have agitated for a charge against Laurie
of disseminating indecent materials to minors in the second
degree-a class E felony-but they declined
Wow. I admire their restraint. They're a whole lot less vindictive
than I'd be in their shoes - I know for damn sure I'd have pursued
a Mutually Assured Destruction strategy.
Thank God picture phones weren't around when I was that
age!
I'd be doing harm time still.
In the midst of all this douchebaggery Alex's parents conducted
themselves very well, I think.
They deserve to be commended. Lesser people might have pressed
charges against Laurie just to spite her douchebag old man.
I see Dr K said pretty much the same thing.
I started to compose my post quite a while ago but got called away
to do my actual job. And didn't read all the posts after refreshing
my screen.
Oh, and I think we've both answered ChicagoTom | June 4, 2009,
1:53pm.
The thinking is that children are not capable of consenting to
naked pictures. We make that rule the same way we do lots of rules
for kids. We say that kids are not old enough to handle drinking.
So when the cops catch kids drinking, they arrest them. The same
logic is aplied here. Does drinking harm anyone but the kid? Unless
they are drinking and driving, I don't see how it does. The same is
true here. I don't see how a kid taking naked pictures of herself
harms anyone but her. But the cops arrest her to "save her from
herself" just like they arrest the kid who is drinking. They do it
both to save them from themselves and to deter others.
The logic is the same in both cases. Yet, the naked picture case
revolts our sensibilities much more. Perhaps that is because having
their pictures taken naked isn't as damaging to teenagers as we
think it is.
John,
I thought the same thing at first, but the offense of drinking
undersage is different than the offense of child pornography.
Drinking underage is illegal because the underage child is doing
somethiing to themselves that society deems harmful and has decided
to prohibit as a matter of public policy. Child porn laws are
different - they are written to prevent one person from being
exploited by another. There is no prohibition against harming
yourself in this way. Child porn laws are being stretched to cover
the act of sexting in a way that underage drinking laws are not.
The simple solution would be to write a bill prohibiting underage
people from photographing themselves nude and distributing. If this
is what people want, they can have their representatives enact it.
But the DA's aren't doing this. They are taking an existing statute
that was enacted for an entirely different reason and re-purposing
it to prevent a behavior they object to for entirely different
reasons than society objects to actual child porn.
Note that in most states Alex could have invited Laurie over
and he and his friends could have had an orgy with her and the
other cheerleaders without any legal repercussions
whatsoever.
Well, except for the statutory rape.
"Once you put your image out there, it's out there. God
knows where it can go. As computer-savvy and Net-savvy as kids are,
they don't think about that."
OK, yeah -- so what? How many naked images are there 'out there'
of, say, Kate Winslet? And this puts her in danger and ruins her
life prospects...exactly how? I mean, if I ever walked past her in
the street, I could say, "Hey, I saw you naked!" and then she could
shrug and walk on by.
Why would this be any different for a non-famous person? Or
somebody who is 16 rather than 18?
I suppose the damage is that the viewer of the photo has proof that you have genitals, which are shameful things to have.
@J Mann
If you read the whole article it says the chick had sent pics to
other guys and that's how they ended up on the net.
@Zeb
In the majority of states the age of consent IS 16. So it's
perfectly legal for a 30 year old to have sex with someone 16.
It seems to me that anyone with a modicum of common
sense
Well that eliminates any Chief of Police or Prosecutor that wants
to win re-election. They only count the wins and bodies in
prison.
To amplify my most recent comment, it's like an experience I had
with my friend's little daughters. Apparently they had recently
learned that genitals and excretory functions were not to be
displayed publicly. I can only guess that they inferred that they
must be objects of shame and/or ridicule. I infer this because they
kept coming into the bathroom (no lock) to laugh and point at me
while I sat on the toilet.
That's about the same logic displayed by the legal actions above --
that there's no difference in evil between invading someone's
sexual privacy and sharing views voluntarily.
Child porn legislation does seem to be protean in the hands of enforcers. First they tried to make it cover virtual child porn. Then they tried to use it to make all porn harder to make & distribute, by making the makers & distributors prove that the models aren't minors. Now this peer-to-peer stuff; not clear whether this effort will be legally rebuffed as were the previous efforts to extend it beyond the justif'n for it.
Typical.
The father abdicates all parental responsibility and then runs to
Daddy Government to punish the recipient of his daughter's
misbehavior.
And exactly why does a 15 and 16 yo need a cell phone for the love
of God???
How in the hell did we ever make it through without air bags,
booster seats, bike helmets, cell phones, stranger-danger, etc. I
guess I dodged quite a few bullets.
Maybe I should wrap myself in bubblewrap and drive a Nerf car lest
I run out of luck. ;)
How many naked images are there 'out there' of, say, Kate
Winslet? And this puts her in danger and ruins her life
prospects...exactly how? I mean, if I ever walked past her in the
street, I could say, "Hey, I saw you naked!" and then she could
shrug and walk on by. Why would this be any different for a
non-famous person?
Only in that Kate Winslet probably gets a body double so she looks
like she has a really great ass on film.
Others have already said it, so I'll skip making a long
comment.
I just wanted to say, what did the American people expect when they
passed idiotic law after idiotic law? And, oh yeah, Laurie's dad is
a real piece of work.
Those guys are just PO'd that nobody forwarded the pix to
them.
I hate it that otherwise rational people cannot tell the difference
between taking naughty pictures of an eight year old and taking
naughty pictures of a fifteen year old.
In the former a shotgun is required (not for the eight year old,
silly). In the latter, well, you hope your daughter has more sense
than that.
The answer is for every underage child to take multiple naked photos of themselves, post them all over the net, and turn themselves in. The laws will be changed, or the "justice" system will grind to a halt. Your choice, you asinine, parasitic, bigoted, unthinking, parasitic legislators.
why wasn't the girl charged she was the one who created the "child porn" and sent it out..
This story made me think of the film American Beauty in which a
then 16 year old Thora Birch revealed her ample bosoms on camera.
Aren't all the people who viewed and distributed this film guilty
of distributing child porn or is it only porn when done by cell
phone.
As far as I can tell all this Laurie did was show off her boobs.
That's pornography now?
I cannot tell you how angry this story makes me. The prosecutors
who bring these charges against children are despicable, and the
judges who uphold the conviction of children as "child
pornographers" are idiots.
And just as despicable and idiotic are those who claim that this is
being done "for the child's own good" as a means to "induce" them
into obtaining "counseling" or "treatment." The criminal justice
system is for prosecuting criminals, not for intervening in the
lives of children and teens by using the threat of prison terms and
lifetime registry as a "sex offender" as a form of blackmail.
I thought that "kiddie porn" meant photographing minors engaging in
sexually explicit conduct. Since when is merely being un- or
under-dressed "engaging in sexually explicit conduct?"
And at some point there has to be a constitutional violation in
criminalizing the photographing of oneself.
I did not realize that a minor child could be charged with child pornography. Taking pictures of themselves; to the boyfriend/girlfriend. That is just ridiculous. So if two teens have sex it is perfectly legal but if they send each other nude/semi-nude photos it is a felony with prison time and a permanent record accompanied with weekly visits to your friendly neighborhood sex offender office? How insane is that? These prosecutors are completely out of their mind. And in the article why would the boy apologize? He did what any hormone crazy teen would do- "hey thanks! send me more!", she is the one who volunteered to send them. Now some 40 year old pervert soliciting them, YA jail, but not some teen boyfriend- who is a minor at that.
Message from Sweden (Europe, that is). This is just about the
most ridiculous story I have ever read. In our country, having sex
with a minor i automatically considered rape. Teenagers having sex
with teenagers is not.
It is interesting, by the way, that the result of our more liberal
attitude towards sex among teenagers is less STD incidence and
fewer unwanted pregnancies than in the US.
Another moronic moral panic. What's the matter, mainstream
media? Did you say the term "torture porn" out loud and realize how
stupid it sounds?
Penn Jillette had a great bit about this on Penn Says:
http://www.crackle.com/c/Penn_Says/Sexting/2474297/
It is my understanding that every time they have looked at it, the Supreme Court has said that full frontal nudity by itself of someone at any age does constitute child pornography? Are there any lawyers out there who can commet?
The nanny state strikes again! This is what happens when people stop talking to each other and instead rely on Big Brother to solve all of their problems. Imagine how this could have turned out if both families had communicated with each other and worked it out without involving the criminal justice system. This is so idiotic. Oh, and "Laurie's" father is a douchebag.
This is a really depressing story.
Also, Laurie and her family are a menace to the community.
The USA was founded on secular principles. Fundamental Christian
assholes like Laurie's dad are leading the whole country back into
the dark ages.
I'm glad I don't live there. But the USA is an 800 lb gorilla that
affects the whole world. I'm very frustrated to have the threat of
a Christian form of Sharia, globally enforced by the USA, hanging
over me with little chance to do something about it.
What I'd like to see happening is: Laurie's dad convicted for the
felony because of lacking parenting, and made to serve the 5-30
years for her so-called "offense".
Crazy! The law process scares, initimidates, and traumatises half to death the very children it pretends to protect!
The girl's father is acting the way I would expect someone who was molesting his own daughter to act.
> The trooper printed Alex's statement on a printer he'd
brought with him and watched while Alex signed it. Charges, he
said, were pending.
WTF! Never talk to the fucking pigs! What were this kid's parents
thinking?!
> The Davises could have agitated for a charge against Laurie
of disseminating indecent materials to minors in the second
degree-a class E felony-but they declined, and they have had no
further communications with her family.
> (Contacted for this article, Laurie's father would only say on
the record, "This country has laws in place to protect children.
Those laws need to be enforced, and parents need to pursue those
laws to the fullest extent to protect their children.")
What an asshole. Someone should in fact agitate for those charges.
I'd love to see if he changes his tune after his prescious little
whore, I mean princess, is the defendant in a distribution of child
porn case.
Sickening.
All of these heathens should be stoned in the public square
after kneeling and praying to Dear Leader Obama.
One or two stonings and it'd stop right quick.
Obama said it. I believe it. That settles it.
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