Teens Prosecuted for Having Their Own Nude Photos!

I was horrified this morning when I learned of two 17 year old minors being charged for having nude pictures of themselves on their own mobile phone in North Carolina. But the reason for by shock may not be what you think!

In North Carolina, a 16 year old can consent to sexual intercourse, but they are not allowed to have their own nude pictures on their cellphone. Neither minor disseminated the pictures nor were these images for their own personal use. Nevertheless, the main charges related to them making and having their own naked images on their phones.

Both were charged as adults to a federal child pornography felony law, for sexually exploiting a minor. Cormega Copening was charged with four counts of making and possessing images of himself and one count of possessing a naked image of his 16-year-old girlfriend.  Brianna Denson was prosecuted for having naked, suggestive pictures of herself on her phone.

Each minor was both the adult perpetrator and the minor victim who needs protecting from themselves. By charging them as adults, the government is allowed to get around the fact that they are being charged with felony possession of images of their own minor selves!

Both entered pleas and if they obey all laws, pay $200 in court costs, stay in school, refrain from using illegal drugs and alcohol, take a class in making good decisions, and complete 30 hours of community services, subject to search and seizure, and not be in possession of a cellphone for a year, then it will be expunged off their records. Even these orders are completely arbitrary, especially since they are not accused of not going to school or using drugs or alcohol! And what in the world is a good decision making class going to teach? I doubt they will be discussing phone etiquette.

However, even an expungement does not fix the underlying problems both these individuals face. For instance, Copening was kicked off his football team and both are facing the humiliating fact that their private life is now public.

What were the police and prosecutor actually thinking when they decided to prosecute these kids?  First of all -they are still minors!!!   How is it possible for someone to be old enough to face adult prosecution even when he is still a minor and the pictures were of his own body?

The federal sex laws were not meant for these types of cases. These are meant for sexual predators, especially since they can result in registering as a sex offender for the rest of the individual's life. If theses minors were sending these pictures to third parties (like the law was meant to protect), no one would have an issue, but this is not the case.  No one else saw these photos, but because our laws are so outdated and unclear, we have results that are not just.

The federal child abuse image felony laws apply to every state, not just North Carolina. Although most states do not enforce these laws for these acts, any state may do so and it appears at least 10-12 other states do enforce these laws. Therefore, it is important to talk to your children so they are not facing similar charges.

What these minors did may be considered immoral or unethical, but it is not up to a court of law to decide a person’s beliefs. We have laws in place to protect our citizens, not harass them. This is a blatant abuse of power and it needs to be stopped. If government officials are not able to use common sense to prosecute, then we need get rid of these individuals and make clear laws that everyone understands so we do not see other cases like these again.

Posted on
September 21, 2015
in
Our Law Firm Posts
category
breaking news, breaking news today, Children, federal laws, news, North Carolina, phones, Society, teen prosecuted for images on phone, US crime, 2015 graduation alcohol,

Happy Halloween! The Scary Truth of Halloween DUIs

Do not drink and drive on Halloween. If you are arrested and face DUI or criminal charges, get a DUI attorney in Fresno.
Our Firm
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
October 30, 2015
The scariest trick you can receive is winding up in jail on Halloween. If you are preparing to drink on our scariest day of the year, take these tips to heart before getting in your car. We can show you how to avoid a DUI arrest.

Make Your Mother Proud, Don’t Drink and Drive

Alcohol related DUI cases can result in jail in Fresno County. Make sure to defend your criminal charges with Fresno lawyer.
Our Firm
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 4, 2015
If you want to give your mother a present this mother's day, do her a favor and do not drink and drive. See what it takes to avoid jail and a conviction on your record. Your mother loves you, so make sure to make her proud.

Latest and Strangest DUI and Criminal Law News

See what is in the news today with these stories. Fresno defense lawyer will fight your criminal and traffic case in Fresno.
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
August 19, 2015
Need a little humor in your life? If so, you do not want to miss out on the latest and strangest stories out there today. Learn from these guys so you do not find yourself in the same situation and facing criminal charges in court.

Visit the Law Offices of Tina M. Barberi, PC

Fresno criminal, DUI, and traffic attorney, Tina M. Barberi, is dedicated to your case. Call today to find out how we can help you.
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
April 8, 2015
We are committed to helping persons that are accused of criminal or DUI charges in Fresno County. If you need help on a criminal case, stop by and discuss your case for free. We are here to help and will work hard for you.

Who Let the Dogs Out? National Dog Day!

Dogs are the best, especially on National Dog Day, even when I am reading the law books at Tina Barberi's law firm
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
August 26, 2015
Hooray, today is National Dog Day! We love our four-legged friends and want to show our special thanks for the love they always give us. Meet our best friends and then tell your special pooch how much they mean to you as well.

Cellphone Location Data and Privacy in Fresno

Cell phone criminal lawyers Fresno will help you with illegal search and seizures. Need experienced advice in criminal prosecutions.
Criminal
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
January 16, 2016
Should officers be able to search your phone in Fresno? What rights do you have when it comes to your phone? Find out if your phone is subject to being searched by law enforcement and what can you do to protect your privacy.

Happy Veterans Day! Let's Celebrate Our Brave Soldiers

Criminal lawyers will help you when you are charged with a Drunk driving this Veteran's Day.
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
November 11, 2015
Fresno Police Department is patrolling this weekend for suspected drunk drivers in Fresno. If you are drinking during the holiday weekend, please make sure to not drink and drive. If you have facing charges, get help now.

Saving Lives: Protecting Patients with Marijuana

Drug and marijuana cases can be fought when you have the right criminal law attorney in Fresno. Free consult to discuss your case.
Criminal
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
October 6, 2015
Questions on medical marijuana in the state of California? See what the problems with production and transportation of medical marijuana in the state and see what you can do to protect yourself as a user and patient.

Facing Underage DUI Charges in Fresno County

Fresno underage drinking and DUI are prosecuted harshly so get an experienced criminal defense attorney to defend you in Fresno.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
April 2, 2015
Underage drinking and driving is prosecuted fully by the Fresno District Attorney. Being arrested for underage drinking or DUI, you must understand the criminal charges against you in order to fight against the conviction.

Fresno County Tough on Petty Theft Charges

Petty theft and shoplifting in Fresno will be prosecuted without having the proper criminal lawyer that understands theft charges.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
April 16, 2015
Have you been arrested or accused of petty theft? If so, you need to read the steps you need to take to keep from getting a petty theft conviction in Fresno County. This blog will explain the charge and how you can fight it.

Caution: Don't Even Think About Driving with Alcohol!

Fresno defense attorneys that fight DUI cases understand the laws for DUI probation cases, including alcohol levels.
Traffic
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 18, 2015
If you have received a conviction for a DUI, it is important to not take it lightly. See tips and tricks for being on DUI probation in order to stay out of court and jail. You may be surprised how easy it is to violate probation.

Graduation Day 2015: Avoid DUI Arrests

Talk to a Fresno DUI lawyer if you are charged with drinking and driving in Fresno after a graduation event.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 28, 2015
Congratulations, Graduates. We would like to tell you how proud we are of you for your hard work. We also want to caution you on not drinking and driving because it can damage your future if you do not take our advice.

You Might Also Like