Sure, it seems silly. Kids will be kids, and this is just the way kids are adapting to a new technology. Most judges will recognize it is ridiculous to convict a teen of child pornography when they've just taken an IMP of themselves and sent it a boyfriend or girlfriend. So why go to the trouble of changing the law? Well, here's a few groups that could benefit from the law change.
1. Teens themselves: though most states have not given teens a max penalty it is still a possibility and such a conviction can ruin your life. By making a common sense law that makes IMPs a misdemeanor, we can ensure that no teen suffers a disproportionate penalty but also recognizes that what they are doing is harmful to themselves.
2. County Prosecutors: it is a tough situation to be in when you're the one who has to prosecute a case involving IMPs. On one hand, you want to just give a slap on the wrist because you recognize a felony is very severe. But then there's cases like Jessie Logan, who was a high school student who sent an IMP to her boyfriend and after they broke up he sent it around to a bunch of students. Jessie committed suicide after she was the victim of taunting and bullying about it. In that case, it would be very difficult for a county prosecutor to have to tell the parents that he/she is not going to prosecute because he/she feels a felony is to grave a penalty. If the crime is a misdemeanor, the Prosecutors can "split the baby," serving justice by charging the teens but not ruining a kids life for a foolish act.
Note the Pennsylvania Case where a prosecutor did charge teens for IMPs and now is the target of an ACLU case against him: http://blog.wired.com/27bstroke6/2009/03/aclu-sues-da-ov.html
3. School Administrators: High School teachers want to protect the kids and so often dissemination of IMPs becomes an area ripe for students to taunt and bully each other with. If a teacher comes across one they're in a tough spot. Do you turn the kid over and risk being the reason he/she got charged with a felony? With a common sense penalty they can not worry that they're "ruining the kid's life" by taking appropriate action to protect other students.
Friday, April 3, 2009
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