Greensburg, Pennsylvania police have charged a 13-year-old girl and a 14-year-old boy with transmission of sexually explicit images by minors. According to the report the girl sent a topless photo of herself to the boy, because he asked for the picture. The boy deleted it, he didn’t post it on the internet and there is no record of him sharing it with friends. However, when the girl’s mom found the photo, she called police.
The police went to the boy’s school and took his phone. They eventually charged him with a crime. However, the sexting did not take place at the school and only involved the two teens. Greensburg police Chief Walter “Wally” Lyons spoke out about the charges before Greensburg District Judge James Albert.
“After we completed our investigation, we consulted with the Westmoreland County District Attorney‘s Office, and it was determined to file the summary charges against both individuals under the new statute.”
The ACLU has said it may sue in this case. “I think the message is if the district attorney or police are using this situation to prosecute … we will be looking to file a lawsuit and have it overturned,” Witold “Vic” Walczak, legal director of the ACLU in Pennsylvania, told reporters. “This was our fear,” he said of how the sexting law would be applied. “It is good they are not charging kids with child pornography … but in a situation like this, it‘s not a crime. You shouldn‘t be charged with anything.”
Is this a case of kids making a bad choice or is it breaking a law and should they be charged for it?