The case has been met with controversy since the teenager, who faced up to 10 years prison time, was saddled with child pornography charges for being in possession of his own nude selfies. The photos were discovered during an unrelated search of the teen's phone; he was suspended from the school's football team until the investigation was resolved. Adding to the uproar was that no warrants were issued for the initial search of Copening's cell phone.
Copening received one count for possessing a nude selfie taken by his 16-year-old girlfriend, who was also charged in the incident and similarly agreed to a plea deal of one year probation. The selfies were deemed child pornography even though the age of consent in North Carolina is 16.
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Sexting between adults is usually legal but there are some circumstances where sending nudes or exchanging other sexually explicit content is illegal. Read on to find out about the differences between legal and illegal sexting, and the consequences of committing a sexting crime.
Sexting is the sharing of nude or sexually explicit messages or photos, usually by smartphone or some other electronic device or means. Certain states have laws specific to sexting between minors. But between consenting adults, the private sharing of nude or suggestive photos is generally not illegal.
First, an adult who receives or shares a nude or sexual image of a child under the age of 18 can be charged with possessing or sending child pornography. Some states have enacted defenses against child pornography charges for teens (sometimes including kids up to 19 years old) who engage in sexting, but such defenses don't apply to older adults. For example, one young man was charged with possessing child pornography because he had nude photos on his phone of his 16-year-old live-in girlfriend, who was also the mother of his child.
Second, an adult who sends a nude or sexual photo of him or herself to a child could also be convicted of a crime. In many states, it's illegal to share with children anything obscene or sexual in nature. For example, a school teacher who sends a photo of their genitals to a student could be convicted of disseminating obscenity. (See Pruitt v. State, 272 So.3d 732 (Ala. Ct. App. 2018).
Finally, an adult who shares nude or sexual photos of another adult without their permission, or who sends unwanted sexts to someone could be charged with harassment. Or, they could be sued in civil court for causing emotional distress or other damage. One common scenario is revenge porn, for example, when an ex-boyfriend distributes private nude photos in an effort to get back at his ex-girlfriend.
In Australia, Commonwealth and state and territory laws prohibit 'asking for, accessing, possessing, creating or sharing sexualised images of children and young people under 18' (eSafety Commissioner, 2020; see also Albury, Crawford, Byron & Mathews, 2013). These laws apply to children and young people sending each other nudes (sexting). Children and young people may be at risk of criminal charges if they break these laws.
After a 16-year-old Fayetteville girl made a sexually explicit nude photo of herself for her boyfriend last fall, the Cumberland County Sheriff's Office concluded that she committed two felony sex crimes against herself and arrested her in February.
With the growing popularity of sexting among teens, two researchers said the courts would fill with defendants like this girl if the Sheriff's Office were to arrest all the teens who make nude photos to share with their love interests.
Ted is 15 and his 15 year old girlfriend sent him a nude. Her dad found the picture on her phone as well as other photos she sent Ted of herself posing in a sexual way. Her dad is now saying he will report Ted to the police. Ted is worried about what might happen, even though the photos were only for him and no one else saw them.
While sexting usually refers to sending nude photographs, it can also include sending words alone that are meant to be sexually explicit. With the rise in electronic communication, sexting has become more common and can have serious consequences in certain situations.
We dropped the sails and the anchor and lay on the deck, dozing in the late morning sun. On the horizon I could see a familiar sail, a jib with the Corona beer logo on it and knew that our friends Craig and Tami were headed our way. We had met them in May when we were both getting our boats ready and Craig needed some help replacing the teak on his railings, a job I had recently completed. We had discussed this spot on the lake as one that was quiet and private and we had often run into each other here. Christy was sleeping as the other boat came near and I quietly slid my shorts back on. When they were just a few feet away I put my finger to my lips to keep them quiet, then pointed at my gorgeous, nude wife. They nodded and tossed me their lines. Soon the two boats were rafting together in the middle of the Lake.
I went aboard their boat and explained that we had both been celebrating nude day. Tami said she hadn't heard about the holiday but she thought she should celebrate it as well. She carefully picked her way onto our boat and stripped off the tiny bikini she was wearing and put her towel down next to Christy, who stirred from her sleep and smiled at her sunbathing partner.
Zeffirelli told them they must act in the nude "or the Picture would fail" and their careers would be hurt, the suit said. The actors "believed they had no choice but to act in the nude in body makeup as demanded." 2ff7e9595c
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