Board 8 > 16 y/o Girl who gave ORAL SEX to her BF on VIDEO had her Conviction UPHELD!!!!

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A 16 y/o Maryland Girl who recorded giving ORAL SEX to her BOYFRIEND in a video had her conviction of child pornography UPHELD by the highest court after she shared that video to her friends!!

They voted 6-1 at the Court of Special Appeals after the 1 minute video of herself was shared around as Judge Joseph M. Getty asked "Can a minor legally engaged in a consensual sexual activity be his or her own pornographer through the act of sexting?"

The decision found that lawmakers had not included exceptions in the law for consensual sex or for self produced child porn finding that the law applies to the child when they are both the subject and sender of the sexually explicit material

The court also wrote in their 35 opinion that they sought a potential change to the law...

They acknowledged that there are reasons for treating teen sexting differently than child porn

Judge Michele D. Hotten, the lone dissenter, advocated the the law was there to "protect children form exploitation and abuse" adding it shouldn't criminalize consensual sex acts between minors

She said that the teen wasn't exploited by anyone and did not seek to subject to minors who recorded themselves in non exploitative sexual encounters to prosecution

The 16 y/o made a 3 person text with her 2 best friends back in 2016 (she is now 19) and a 16 y/o girl and 17 y/o boy were in that conversation.

They attended Maurice J. McDonough and the chat was expected to be private but the group is said to have "fell off as friends" a few months later

Those 2 had ultimately shared a copy of that video to the school resource officer and that officer was from the Charles county Sheriff's Office

The girl who performed the sex act on her bf was the only one charged and was sent to juvenile court where she didn't have mandatory sentence and didn't have to register as a sex offender but rather on probation, electronic monitoring and undergo weekly drug testing

Pritzlaff said overturning the conviction would disregard the legislature's interest in protecting minors and stopping child porn

Do you think what she did should be considered child porn?

Pritzlaff - Voted In Against overturning



Hotten - Lone dissenter who voted in overturning


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Incredibly obvious that the law was not intended to be used to prosecute the subjects of said pornography

Which prosecutor was enough of a piece of shit to actually try this case?

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Did the boy give consent to having the video shared? Is that even possible?

Seems like there should be a separate law covering these cases, akin to revenge porn or something. But I guess if the are no exceptions, pedophiles can't try to evade prosecution by blaming recordings on their victims
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