Prosecutors Ask Judge To Force Teen To Create Child Pornography In Order To Prosecute Him.

[RandySF]

A Manassas City teenager accused of “sexting” a video to his girlfriend is now facing a search warrant in which Manassas City police and Prince William County prosecutors want to take a photo of his erect penis, possibly forcing the teen to become erect by taking him to a hospital and giving him an injection, the teen’s lawyers said. A Prince William County judge allowed the 17-year-old to leave the area without the warrant being served or the pictures being taken — yet.

The teen is facing two felony charges, for possession of child pornography and manufacturing child pornography, which could lead not only to incarceration until he’s 21, but inclusion on the state sex offender data base for, possibly, the rest of his life. David Culver of NBC Washington first reported the story and interviewed the teen’s guardian, his aunt, who was shocked at the lengths Prince William authorities were willing to go to make a sexting case in juvenile court.

“The prosecutor’s job is to seek justice,” said the teen’s defense lawyer, Jessica Harbeson Foster. “What is just about this? How does this advance the interest of the Commonwealth? This is a 17-year-old who goes to school every day, plays football, has never been in trouble with the law before. Now he’s saddled with two felonies and the implication that he’s a sexual predator. I don’t mind trying the case. My goal is to stop the search warrant. I don’t want him to go through that. Taking him down to the hospital so he can get an erection in front of all those cops, that’s traumatizing.”

Manassas City Police spokeswoman Adrienne Helms said the department would not comment, and Detective David E. Abbott, the lead investigator on the case, did not return a call seeking comment. And no one except a Prince William magistrate has seen the affidavit and search warrant for the photos — they aren’t made public until after they are served and then returned to the courthouse. The Post is not naming the teen defendant.



http://www.washingtonpost.com/blogs/local/wp/2014/07/09/in-sexting-case-manassas-city-police-want-to-photograph-teen-in-sexually-explicit-manner-lawyers-say/

[Tetris_Iguana]

1. WTF

Don't these cops have real crimes to prosecute?!

Perverted justice indeed.

[RandySF]

3. If his attorney is smart.

She will make it clear that she will file a criminal complaint with the State AG's Office against anyone who participates in any photography.

[jberryhill]

5. unless there is some sort of carve out

I don't have the VA statute in front of me, but typically there are intent requirements or exceptions so that radiologists, forensic medical photographers and crime scene photographers are not routinely engaging in a literal crime.

For example when a child is injured in an assault of some kind, the wounds are documented wherever they may be. If there is some sort of "evidence collection" exception, these prosecutors are demonstrating a real stretch of the intent of that sort of thing.

[jberryhill]

2. that's awful

Although at 17, I think they'd have needed to give me some kind of injection NOT to have an erection.

I .mean, this is law enforcement gone wild but, on the other hand, how difficult is it for a 17 year old to get an erection?

[longship]

4. Classy? Nope.

Way to trivialize it.

Sorry, my friend. This isn't what this is about.

[CreekDog]

7. as usual

[longship]

9. The sophomoric boner argument trumps all?

On a serious matter as this, it is an insult.

Regards.

[msongs]

6. so if the prosecutors fiddle with the boy's genitals will THEY be arrested for underage sex? nt

[woolldog]

11. If so, they deserve a stiff sentence.

[alp227]

8. So it'd be legal for them to have sex but not sext?

the laws need to be updated for the 21st century dammit. Age of consent info for Virginia here: http://www.vdh.virginia.gov/ofhs/prevention/dsvp/varapelaws/laws_rape.html

From the link: basically a 15-year-old in Virginia can have sex with somebody up to 17. But anyone under 18 is off limits for people 18 & up.

[davidn3600]

10. Why isn't the girl being charged with the same thing?

Foster said the case began when the teen’s 15-year-old girlfriend sent photos of herself to the 17-year-old, who in turn sent her the video in question. The girl has not been charged, and her mother filed a complaint about the boy’s video, Foster said.