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by noxToken 3381 days ago
I'm gonna go against the grain here. I'll preface this by saying that I think all sex-offender cases should be handled on a case-by-case basis, and if we use a bit of common sense, things would be a lot better for everyone. Here's a scenario that is likely rare but plausible.

Some girl and boy both at age 15 could be sexting each other. Pics are exchanged, and the pictures are removed from the phone and placed on a computer hard drive. Neither party wants the pics found, so the classic, "bury the pics 10 levels deep in a made up directory that looks like a legit folder hierarchy" is used. A week later, the pics are forgotten about.

Fast forward 5 years. The hard drive crashes. The once teen has a few sporadic backups, but they haven't been regular. They go to a data recovery business. "I'm mainly concerned with the pictures and a lot of the text documents. Try to salvage as many of those as possible. Everything else is whatever."

The business gets to work and applies a could of filters to list of recovered media. Among the media exists 10 or so pictures of a young teen. He received them when he was 15, and he forgot about them. He had no intention of ever looking at them again. Hell, he would have deleted them ages ago had he thought about it, but now he has a hell of a story to explain to the feds.

I don't think teens should be prosecuted as sex offenders for exchanging pics of themselves with other teens, but I think the heart of the matter is in the right place. I don't have a solution to magically fix everything, because there are always going to be implications. Just don't ruins a kid's life for the truly innocuous mistake of exploring sexuality with someone of the same age.

2 comments

The problem with "common sense" is that Americans have so little of it. Even though it's entirely legal, to most Americans a 40yo dating a 20yo may as well be illegal. And yet those were the ages of my grandparents when they met, who remained married until death and produced a wonderful family.
Americans can't feel that strongly about it... the current president and his (current) wife are 24 years apart in age.
> I think the heart of the matter is in the right place.

It's not. Not when you are trying to toss a teenager in prison for taking pictures of themselves.

It's also not if you consider the reasoning behind the laws. Is child porn illegal because it's disgusting, or because you can't create it without subjecting a child to an act they can't possibly consent to? Shouldn't it really be the latter, in which case you should really consider that in many (most?) places the laws regarding consent are different for teenagers.