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15 Year Old Girl Criminally Charged For Self Abuse
Davis Images wrote: So, it stands to reason that if she is in-fact convicted on those charges, she will then be regarded as a sex offender, possibly registered (not sure about the laws for minors who are sex offenders) and seen as a danger to children. Jan 02 07 05:56 pm Link richard boswell wrote: Puzzles are great rich, but this is one of those chicken or egg questions... or the questions that disprove the existence or omnipotence of god... in the end it just comes down to some things are completely illogical. Jan 02 07 05:59 pm Link Aaron S wrote: What they going to do? throw you in jail for life Jan 02 07 06:04 pm Link Jessalyn wrote: Ignore the silly people dear. You're doing a great job You should be a Mod. Jan 02 07 06:05 pm Link Iâm sure this case has been brought to trail by now. Instead of everyone guestimating why not see if you can find the results⦠Jan 02 07 06:07 pm Link JM Dean wrote: From what I found online. They only charged her, so they could seize her computer, and charge the people who received\viewed the photos... Jan 02 07 06:09 pm Link StudioSeventeen wrote: See! I knew this one is Off Topic! Where is Nancy Grace? She should be all over this one! LOL Jan 02 07 06:09 pm Link Monica Jay wrote: Yes. Jan 02 07 07:10 pm Link lotusphoto wrote: It is already happening. During last year's congressional hearings on child porn and exploitation, one teen told how he was supplied with a web cam and other gear and basically taught how to put on live cam shows for paying pervs. Law enforcement officials testified that this was not an isolated case. Jan 02 07 07:16 pm Link James Jackson wrote: Sorry to have troubled you ~ I did read before I posted... There was a case out Pittsburgh approx. 3 years ago, where the young lady disappeared, and was rescued by the FBI in a home in VA, where she was cuffed to the bed, and the guy holding her had webcammed images to others (and they call the Feds). She was returned to PA, he was brought to PA to face charges, however there was never a trial, due to the fact that the young ladies familiy did not want the explicit video she had made & sent to the guy being released as "evidence", and thereby possibly becoming publically available. The abducter took a plea bargin and is serving a relatively lenient sentence in PA... I thought perhaps this was the case you were refering to... Again, sorry to have caused such consternation on your part there James. Jan 02 07 09:47 pm Link not far where i live there was a case like that because a guy with a recording device when he was viewing them with a webcam. He 'secude' the girls who were around 13, 14, and 15 and burn the pictures and the vids on CD's and DVD's and he sold them in the school yard or in the hallways, he got caught selling them but so far he was never pressecharge because he was a minor btw he was 15yo the boy who did that Jan 02 07 10:23 pm Link Davis Images wrote: Ok. Jan 03 07 07:58 am Link io wrote: Under our current legal system you don't actually own yourself. The government does. Otherwise you would be allowed to ingest any substance you wanted without facing criminal charges. I've always though that for an action to be a crime you need either force or fraud involved, but what do I know. I'm just a GWC. Jan 03 07 08:03 am Link JM Dean wrote: because the case involves a minor, and the name of the minor was not released, it would be hard to find the end results. Jan 03 07 08:12 am Link What this really says about America is that there is a clear denial that teenagers are sexual beings that explore themself, even in different media. Just imagine... this will go sofar that an underaged person that masturbates in front of a mirror because of curiosity may also be charged for exploiting an underaged person. Just wait... there maybe laws soon that makes it illegal to masturbate until your 18th birthday. Jan 03 07 08:16 am Link Trevor Snyder wrote: As predicted, Government and the Legal System are becoming impersonal monoliths that crush lives without mercy . . . Jan 03 07 08:20 am Link UdoR wrote: Ahem...I sure hope we still have that "statute of limitations" thing in this country! :-) Jan 03 07 08:24 am Link If you think that case is bad, Here are some better ones!! ----- SALT LAKE CITY The Utah Court of Appeals is upholding a judge's refusal to dismiss a sexual abuse allegation against a 13-year-old Ogden girl who became pregnant by her 12-year-old boyfriend. The appeals court on Friday ruled that the law's ``rigorous protections'' for younger minors include protecting them from each other. The decision leaves the teens in the position of each being both a victim and a perpetrator in the same offense. ``The Legislature certainly may act to protect the health and safety of children, and may more vigorously protect those of more tender years,'' Judge Gregory Orme wrote for a three-member panel of the court, which made its decision ``with some reluctance.'' The girl's Ogden attorneys, Randall Richards and Dee Smith, are considering an appeal to the Utah Supreme Court. Richards pointed out that Utah law says minors under age 14 do not have the ability to consent to sexual activity. ``It's a paradox,'' he said. ``How can they be old enough to commit an offense if they're not old enough to consent to it?'' According to the court decision, the girl became pregnant after she and the boy had sex in October 2003. State authorities filed delinquency petitions in July 2004, alleging each committed sexual abuse of a child, a second-degree felony if committed by an adult. The girl appealed the petition, saying her constitutional right to be treated equally under the law had been violated. Her motion noted that for juveniles who are 16 and 17, having sex with others in their own age group does not qualify as a crime. Juveniles who are 14 or 15 and have sex with peers can be charged with unlawful conduct with a minor but the law provides for mitigation when the age difference is less than four years, making the offense a misdemeanor. For adolescents under 14, though, there are no exceptions or mitigation and they are never considered capable of consenting to sex. A juvenile court judge, although sympathetic to the situation, denied the motion. The girl then admitted to the offense while preserving her right to appeal to a higher court. The boy did not appeal. The judge ordered the young mother to write a report about the effect of her actions on herself and her baby, to obey the reasonable requests of her parents, to remain under the supervision of the state Division of Child and Family Services, to refrain from unsupervised contact with the baby's father and to provide a DNA sample. If the girl commits a crime when she is an adult, her juvenile record will make it more likely that she will go to prison and could increase the length of her sentence, Richards said. There is also an emotional toll of knowing she has a sexual abuse conviction, he said. But the Court of Appeals said lawmakers can constitutionally give greater protection to younger juveniles. ``The Legislature is well within its rights to come down solidly against sexual activity with children of such tender years - anywhere, anytime, any place, and by anyone. . . . And we cannot say such strict treatment does not also rationally further those purposes by strongly discouraging any sexual conduct involving children.'' ..more.. : by The Associated Press. Read court decision: Z.C. -v- Utah, Case: 20040941-CA, Utah Court of Appeals 12-30-2005. ------ Fitzroy Barnaby said he had to swerve to avoid hitting the 14-year-old Des Plaines girl who walked in front of his car. She said he yelled, "Come here, little girl," before getting out of his car and grabbing her by the arm. He said he simply lectured her. She said she broke free and ran, fearful of what he'd do next. In a Thursday ruling, the Appellate Court of Illinois said the 28-year-old Evanston man must register as a sex offender. While acknowledging it might be "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," the court said his actions are the type that are "often a precursor" to a child being abducted or molested. Though Barnaby was acquitted of attempted kidnapping and child abduction charges stemming from the November 2002 incident, he was convicted of unlawful restraint of a minor -- which is a sex offense. 'Most stupid ruling' Now, he will have to tell local police where he lives and won't be able to live near a park or school. "This is the most stupid ruling the appellate court has rendered in years," said Barnaby's Chicago attorney, Frederick Cohn. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?" But Cook County state's attorney spokesman Tom Stanton said Barnaby should have to register "because of the proclivity of offenders who restrain children to also commit sex acts or other crimes against them." In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind." "I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute." Recognizing the stigma that comes with being labeled as a sex offender, the appellate court said "it is [Barnaby's] actions which have caused him to be stigmatized, not the courts." : by STEVE PATTERSON Staff Reporter ----- 5-1-2005 Florida: Teen faces trial after having sex with girlfriend Noe Perez, now 16, has been in jail for nearly a year and could face 45 years behind bars. .They started "going together" the same day they met at the laundromat near her house. He was 15, an illegal immigrant who came from Mexico to pick oranges. She was 14 and lived with her mom and grandma. Before long, he moved into their run-down, gray house in Avon Park, sharing the girl's bed. That's where police and child-welfare workers found Noe Perez when he was arrested and charged a year ago this coming Friday with having sex with a person younger than 16. [snip] To Highlands prosecutors, Perez deserves to be tried as an adult because, when arrested, he carried a fake ID in his wallet that said he was 18. But to critics, his case underscores the inequities of a law that criminalizes consensual sex with anyone younger than 16, even when the accused -- who is almost always the boy -- is underage himself. It is a crime for which there is no defense. [snip] Now, he said, prosecutors "are moving cautiously" because they question the validity of a birth certificate showing Perez to have been 15 at the time. Perez's lawyers insist the document is genuine, saying the Mexican Consulate tracked it down. And court records show that prosecutors moved quickly to keep Perez in adult court. On. Feb. 24, Perez's lawyer, former Assistant Public Defender Jose Concepcion, gave the prosecutor a copy of Perez's birth certificate and a letter asking that his charges be dropped because he was not subject to the jurisdiction of the adult court. Prosecutors dropped the original charges the very same day but immediately filed new ones, this time charging Perez as a juvenile -- but still in adult court. Under Florida law, prosecutors have broad discretion in transferring juveniles to adult court. [snip] Inside Perez's wallet, the officer found a fake resident-alien card and a fake Social Security Card, which Perez said his citrus-crew chief gave him. Next to his fake IDs, he carried a recent snapshot of the girl. "The bottom line here is that Noe Perez and this girl are just two teenagers who were doing what a lot of teenagers do," Concepcion said. "He shouldn't be treated as an adult." : by Maya Bell | Miami Bureau ---- 5-28-2004 Michigan Public urination can require sex offender registration! According to Michigan State Police Sgt. Troy Fellows, urinating in public is classified as indecent exposure, and requires sex offender registration after three convictions. Fellows said, however, judges have leeway to order registration after any number of convictions, providing the individual was convicted under state law. State Police Sex Offender Registration Analyst Charlotte Marshall said county sheriff deputies, city and township police officers typically will not charge individuals under the state law. She said those officers generally charge people under a local ordinance, and if convicted, penalties outlined in the ordinance apply. ---- 7-24-2004 New York Man Who Kidnapped Boy After Adoption Leaves Prison (Where is the sex offense?) WARWICK, N.Y. -- A man who, with his wife, adopted an infant, then kidnapped him and raised him to adulthood after the adoption was declared invalid, was released from prison Friday after two years. Barry Smiley, who had admitted taking Matthew Propp to New Mexico to raise him in 1979, left the Mid-Orange Correctional Facility at 9:20 a.m. Smiley must add his name to the state's sex offender registry. By law, a person convicted of second-degree kidnapping when the child is younger than 17 and the offender is not the parent must register as a sex offender. Propp's maternal grandfather had arranged for the Smileys to adopt the baby at birth. But in 1980, when the child was 15 months old, a judge ruled the adoption illegal because the boy's mother, Deborah Gardner, had not given her full consent and his father was never notified. The couple fled to Albuquerque, N.M., with the baby and lived under the aliases Bennett and Mary Propp. The couple surrendered in 2001, but argued that they had acted out of love for the child. Smiley, now 58, served the minimum of a two-to-six year prison term after his plea to second-degree kidnapping. His wife, Judith Smiley, was sentenced to six months and 4 1/2 years of probation, having pleaded guilty to first-degree custodial interference. Before the Smileys were sentenced, the son, now 25, asked the judge to be lenient, pleading with him to consider the pain he would experience from losing his parents. "These are two people that I love very much," he said at the July 2002 sentencing ---- 4-7-2004 Virginia 16 Year Old Girls Charged with Disseminating their Own Brand of Child Porn .Two Northside High School girls who took nude pictures of themselves and e-mailed them to their boyfriends last year said they only did it to be flirtatious. It wasn't long before they realized the consequences: loss of friends, no more school activities, seeing themselves on Internet sites and felony charges. By the time the girls faced Roanoke County Juvenile and Domestic Relations Judge Philip Trompeter on Thursday, all joking was aside. "You were degrading and hurting yourselves doing this," Trompeter told them. Both 16-year-olds were charged with production and dissemination of child pornography. ---- 3-8-2004 Wisconsin Teens who have sex charged with abuse: DAs are prosecuting even when both consent! Wisconsin's child abuse law makes it a felony for anyone to engage in sexual activity with someone younger than 16. It applies to consensual sex, even between teens of the same age. Last summer, when she was made pregnant by her boyfriend at age 15, Sarah, a shy girl with a pretty face, went to a clinic with her mother for consultation. As they left the Racine clinic with blankets and booties, neither had any idea that three weeks later, an investigator from Racine County Child Protective Services would show up on their doorstep. The investigator's ruling: Sarah would be charged with sexual assault and prosecuted in juvenile court for having sex with a minor. Her boyfriend would be charged, too. "I didn't know what to say," Sarah, whose name has been changed because she's a minor, said in a recent interview as she sat on her living room couch clutching her newborn son. "I had no idea how this was happening." A growing number of those teens are being prosecuted for sexual assault, though state and county statistics don't differentiate between sexual assaults involving consensual and non-consensual sex, the officials say. Among them are teenage girls who were once viewed only as victims. ---- 9-10-2003 Wisconsin Teen pleads guilty to sexual assault charge (Who is the victim?) A 15-year-old boy who lost his challenge of the state's sexual assault statutes pleaded guilty Tuesday to a reduced charge stemming from his kissing and touching with his then-girlfriend in her mother's bed. The boy told Children's Court Judge Thomas Donegan that he had learned his lesson and wanted to go home after spending two months in the Milwaukee County Juvenile Detention Center. "This is tearing me apart in here," the boy said during a brief court appearance. Both the boy and the girl, also 15, appeared contrite and respectful in court Tuesday, which differed from the earlier attitudes that helped propel their sexual encounter into a 10-month legal affair. Court records say the girl challenged her mother to call police after she and the boy were caught half-naked in bed. The girl pleaded guilty to fourth-degree sexual assault and was ordered to undergo counseling and receive other services through the county Wraparound Program. She has a history of problems at home, including running away while on probation. Linke (boys lawyer) sought to have the case dismissed, arguing that the state law was meant to protect children from being victimized by adults. The law was not meant to apply to teenagers having consensual sex, he said. Donegan, however, refused to dismiss the case last month, and was prepared to hold a trial on the juvenile felony charge Tuesday morning. Facing a possible guilty verdict and an extended stay in a juvenile correction center, the boy accepted a plea agreement and admitted to fourth-degree sexual assault. ---- 8-7-2003 Minnesota Man Loses Fight to Avoid Listing on Sex Offenders' Registry Minnesota man must register as a sex offender even though he has not been convicted of a sex crime, the federal appeals court in St. Louis ruled yesterday. That ruling "turns reason and fairness on its head," wrote Judge C. Arlen Beam, who nonetheless concurred in the unanimous decision of the three-judge panel of the court. The case arose from an encounter in a bar in 1998. Brian Gunderson went home with a woman he met there and, according to her, assaulted and raped her. He was charged two days later with sexual assault. But the physical evidence collected by the police did not support the woman's accusation of rape. Judge Beam wrote, "The police investigation clearly established a lack of sexual contact between Mr. Gunderson and the complaining woman." The original criminal complaint was dropped, and Mr. Gunderson pleaded guilty to a new one charging him with assault. He received a 15-month suspended sentence and three years of probation. State officials later told Mr. Gunderson that he must register as a sex offender under a state law that requires it whenever someone is convicted of a sexual offense "or another offense arising out of the same set of circumstances." The Eighth Circuit said it was bound by a 1999 decision by the Minnesota Supreme Court in which a defendant charged with a sex crime was required to register after pleading guilty to a lesser charge. The federal court also held that including people who are not sexual predators in a registry of sex offenders does not violate their fundamental constitutional rights. ---- 4-9-2004 Texas Wrongly convicted man refuses bail! FORT WORTH -- For more than a decade, even as prison cell doors clanged around him, John Michael Harvey's story has never changed: He did not molest a 3-year-old girl. When a judge last month concluded that the Bedford man had been wrongfully convicted, it looked like Harvey could finally go free, at least on bail. But Harvey, 38, is so adamant about his innocence that he is refusing early release because he would be forced to register, temporarily, as a sex offender. "I came into jail innocent, and that is the way I want to leave," Harvey said in a recent interview at the Tarrant County Jail. "I don't want to leave a convicted child molester. ... My name was clean when I came in, and I want it clean when I leave." State District Judge Sharen Wilson ruled last month that Harvey had been wrongfully convicted after the girl, now 18, recanted her testimony that identified Harvey as her attacker. The Texas Court of Criminal Appeals, the state's highest criminal court, will decide whether Harvey's conviction should be overturned. It typically takes about 90 days for the appeals court to consider such rulings by a trial court judge. To gain release on bond while his case is being appealed, however, Harvey would be required to register as a sex offender, said his attorney, Sean Buckley of Houston. Harvey's picture would be posted on the Internet and published in the newspaper, and his neighbors would be told that a sexual predator is next door, Buckley said. ---- 12-21-2003 Texas Cases dismissed, but many still on list! David Dockens is serving a life sentence, even though heâs never been convicted of a crime. It isnât supposed to happen here; punishment without a finding of guilt is the sort of thing that occurs elsewhere. Still, it happened to Dockens, and heâs not alone. A three-month review by The Galveston County Daily News of Department of Public Safety and county criminal justice records found thousands of people in the same situation. Dockens is one of about 85 people in Galveston County and more than 6,000 statewide who, because of a 1997 change in the Texas Code of Criminal Procedure, must register as sex offenders even though charges against them were dismissed.. ---- 11-21-2002 New Mexico Court orders Zane Brothers to register even though he has no conviction! State of New Mexico -v- Zane Brothers .... Most interesting in this case is, the appeals court recognizes that there is no law requiring Mr. Brothers to register, and in lieu of that, the court orders Mr. Brothers to register. The Supreme Court upheld that decision! ---- 8-10-2004 Virginia Teen Nudist Camp: Teen nudist camp lawsuit dismissed: Va. judge rebuffs suit seeking challenge to restrictions .RICHMOND, Va. - A federal judge said Tuesday that a new Virginia law requiring parental supervision at a nudist camp for kids does not violate parentsâ rights to raise their children as they see fit. Virginiaâs General Assembly passed the law in response to last summerâs weeklong residential camp for 11- to 18-year-olds at White Tail â the first camp for nude juveniles in Virginia and only the third in the nation, according to its sponsors. The law took effect July 1, prompting camp organizers to move this yearâs event to another undisclosed state. The law denies a state license to âany hotel, summer camp or campground ... that maintains, or conducts as any part of its activities, a nudist camp for juvenilesâ who are not accompanied by a parent, grandparent or legal guardian. AG underscores state's âabsolute responsibilityâ âVirginia has an absolute responsibility to see to the safety of its citizens, particularly its children,â said Tim Murtaugh, a spokesman for Virginia Attorney General Jerry W. Kilgore. âWe know that pedophiles tend to congregate where children are accessible ... and we just think this law is common sense.â ... âIf there were a law requiring a parent to accompany every child to Boy Scout or Girl Scout camp, you can see what a burden that would be,â Glenberg said. Although the camp for children opened only last year, White Tail opened in southeastern Virginia in 1984. About 1,200 nudists are there at any one time, including about 30 families who live there all year. Visitors undergo background checks, and the camp has strict rules against lewd, lustful or lascivious conduct. ---- Jan 03 07 08:58 am Link Monica Jay wrote: Not too sure about this one. If I remember correctly, none of the people who made Traci Lords' videos and still pictures went to jail even though she was around 15 when she got started in the industry. Their defense was that no one knew how old Traci was since she had a California drivers license and a US passport that she used to travel to Europe and Asia several times, both stating that she was of legal age. Apparently, this was a load of crap, but they stuck to their stories. Probably depends on how good your lawyer is. Jan 04 07 06:23 am Link Luminos wrote: i'd aggree in regard to this. her images if as described ar ein iolation of laws, however labelling her a sexual predator and giving her a criminal conviction seems inappropriate. Jan 04 07 07:01 am Link Ty Simone wrote: Yes, they are interesting, but ... wouldn't have been just as easy to comment on the site where these were taken from since the link was already posted by someone else earlier in the thread? Jan 04 07 08:19 am Link JarekN wrote: If womens' chests actually looked like Marcus J. R.'s avatar, would we all be allowed to go topless like men? Jan 04 07 05:51 pm Link Aaron S wrote: Nope! It was just as bad in the 19th century, when a woman showing her ankle was horrible! Jan 04 07 05:55 pm Link |