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The Maryland Court of Appeals ruled 6-to-1 to uphold the decision of the Court of Special Appeals to charge the 16-year-old, sent the one-minute graphic video to her friends in 2016 (stock)

Maryland Court maintains indictment of child pornography against a 16-year-old girl who sent friends a video about HERSELF who executed a sexual agreement about her boyfriend

  • The Maryland Court of Appeals ruled 6-to-1 to uphold the decision of the Court of Special Appeals to charge the 16-year-old with the one-minute graphic video
  • Wednesday's decision revealed that lawmakers had not included any exceptions in the law for consensual sex or for self-produced child pornography
  • In their 35-page opinion, the court wrote that they were also looking for a possible legislative change from the Maryland General Assembly
  • Judges added that & # 39; we acknowledge that there may be compelling policy reasons to treat teen sexting differently from child pornography & # 39;
  • Judge Michele D. Hotten, the only dissenter in the case, argued that the law was there to protect & # 39; children from exploitation and abuse & # 39;
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The Supreme Court of Maryland decided on Wednesday to uphold her decision to accuse a teenager of child pornography after sharing a video with friends about her sexual acts.

The Maryland Court of Appeals ruled 6-to-1 to uphold the decision of the Court of Special Appeals to charge the 16-year-old, sending the one-minute graphic video to her friends, according to Washington Post.

In his letter for the majority, Judge Joseph M. Getty asked: & # 39; Can a minor legally involved in consensual sexual activity be his or her own pornographer by sexting? & # 39;

The Maryland Court of Appeals ruled 6-to-1 to uphold the decision of the Court of Special Appeals to charge the 16-year-old, sent the one-minute graphic video to her friends in 2016 (stock)

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The Maryland Court of Appeals ruled 6-to-1 to uphold the decision of the Court of Special Appeals to charge the 16-year-old, sent the one-minute graphic video to her friends in 2016 (stock)

The Wednesday decision found that lawmakers did not include exceptions in the law for consensual sex or for self-produced child pornography, establishing that the law applies to the child when they are both the subject and the sender of the sexually explicit material.

The court also wrote in their 35-page opinion that they were looking for a possible legislative change from the Maryland General Assembly.

& # 39; This case is a unique challenge. On the one hand, there is no doubt that the state has an overwhelming interest in preventing the spread of child pornography, according to the court. & # 39; On the other hand, & # 39; the teenager & # 39; although unwise, she has the same behavior as many of her peers. & # 39;

A case was opened in October 2016 when the then 16-year-old made a group text of three people with her two best friends - a 16-year-old girl and a 17-year-old boy. The three friends went to Maurice J. McDonough at that time.

A case was opened in October 2016 when the then 16-year-old made a group text of three people with her two best friends - a 16-year-old girl and a 17-year-old boy. The three friends went to Maurice J. McDonough at that time.

A case was opened in October 2016 when the then 16-year-old made a group text of three people with her two best friends – a 16-year-old girl and a 17-year-old boy. The three friends went to Maurice J. McDonough at that time.

The judges added that & # 39; we acknowledge that there may be compelling policy reasons to treat teen sexting differently than child pornography & # 39 ;.

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Judge Michele D. Hotten, the only dissenter in the case, argued that the law was there to protect & # 39; children from exploitation and abuse, adding that the law should not criminalize consensual sexual acts between minors.

Hotten added that the teenager & # 39; was not exploited by anyone else. The General Assembly has not attempted to prosecute minors who have registered in non-exploitative sexual encounters. & # 39;

A case was opened in October 2016 when the then 16-year-old made a group text of three people with her two best friends – a 16-year-old girl and a 17-year-old boy. The three friends went to Maurice J. McDonough at that time.

The expectation was that the chat would be private, but according to legal documents, the group would have dropped out as friends a few months later.

In his letter for the majority, Judge Joseph M. Getty asked: & # 39; Can a minor legally involved in consensual sexual activity be his or her own pornographer by sexting? & # 39;

In his letter for the majority, Judge Joseph M. Getty asked: & # 39; Can a minor legally involved in consensual sexual activity be his or her own pornographer by sexting? & # 39;

Judge Michele D. Hotten, the only dissenter in the case, argued that the law was there to protect & # 39; children from exploitation and abuse, adding that the law should not criminalize consensual sexual acts between minors
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Judge Michele D. Hotten, the only dissenter in the case, argued that the law was there to protect & # 39; children from exploitation and abuse, adding that the law should not criminalize consensual sexual acts between minors

The court ruled 6-to-1 to uphold the decision of the Court of Special Appeals

The students who received the messages would have shared a copy of the video with their school resource officer. The officer was from the Charles County Sheriff & # 39; s Office.

According to the public prosecutor, the girl who performed the sexual act was the only one accused. The case was in the juvenile court, so the girl did not have to undergo a compulsory sentence. She also did not have to register as a sex offender.

She was given a probationary period, electronic monitoring, and had to undergo weekly drug tests when she was convicted in May 2017.

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Claudia Cortese, the teenage lawyer for Maryland & # 39; s Office of the Public Defender, said in an appeal in February that the teen's behavior was voluntary and legal.

Cortese added that the decision would amount to condemning the teenager as her own pornogrpaher.

Maryland Assistant Attorney General Sarah Pritzlaff said when filing that the teen might be harmed if her video is shared, and added that the court should not ignore the damage when viewing the decision.

Pritzlaff added that destroying the conviction would ignore the interest of the legislator to protect minors and stop child pornography.

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