He added Nebraska’s age of consent does not apply to federal child pornography laws and that underage teenagers have been convicted of possessing child pornography for having nude photographs of themselves on their cellphones. “Whether the video was distributed outside their relationship is immaterial,” Norris said. Norris repeatedly argued Gilg’s arguments are not supported by current law, regardless of perceived social norms. “The only crime he’s charged with is making the image,” Colloton said.Īssistant U.S. “Does it turn on whether the child agrees to be photographed?” Colloton asked, noting Rouse’s guilty plea was for a crime that has nothing to do with consent. Bush appointee, appeared uneasy with this reasoning. She also said Rouse and the girl have rights to sexual privacy under the Fifth Amendment. Gilg argued the sexual acts Rouse engaged in, along with images taken during those acts, deserve First Amendment protection. The underlying conduct was legal,” Gilg said, pointing out the age of consent in Nebraska is 16 – the age of the girl when when she met Rouse at Omaha hotels for sex over a five-month period.
Calling the recording and texting of sexual acts a “prevalent practice” that teenagers engage in every day, Gilg sought to define child pornography laws as a force intended to stop sexual abuse of minors – that shouldn’t include the consensual transmission of images. The case exposes a gray area in criminal law when it comes to modern technology habits of teens, argued Rouse’s attorney Jennifer L. Rouse was sentenced to eight years in prison in the plea deal. While the high school student legally consented to having sex with 37-year-old Matthew Rouse, he was arrested and later pleaded guilty to distributing child pornography for sending the videos to her cellphone. (CN) – In oral arguments before the Eighth Circuit on Tuesday, the attorney for a former Army National Guard sergeant put pressure on child-pornography exclusions of the First Amendment in a case involving explicit videos the sergeant made of a 16-year-old girl with whom he had a consensual sexual relationship.
0 kommentar(er)
