NJ- Why girl who sent nude pix isn't a sex offender

Despite a statement to the contrary yesterday by New Jersey's attorney general, a 14-year-old girl accused of posting nude photos of herself on MySpace likely won't be branded a sex offender, a prosecutor said today.

Passaic County Chief Assistant Prosecutor Susan Greco today said she couldn't discuss the case specifically -- primarily because she hadn't received any of the information yet from the sheriff's department.

"But generally speaking, a person charged with this, with no priors, would not get jail and would most likely not be required to register as a sex offender," Greco said.

New Jersey is a state with various law enforcement agencies, some of which overlap. Most sheriff's departments are primarily in charge of county jails, but some also have detectives who make cases.

This, essentially, makes them cops.

This can lead to successful joint investigations in urban areas such as Passaic or Paterson. But I've also seen more than one turf battle or misunderstanding in my years covering crime and courts.

In this case, Passaic County prosecutors (i.e.,the lawyers) weren't consulted about the charges before sheriff's officers arrested the Clifton girl on Tuesday. The arrest wasn't announced until yesterday.

As one prosecutor described it: "There's a lot of leeway in determining what type of charges can be filed here and how they'll be handled. Once the prosecutors have it, they'll consult and determine what's best for the girl.

"The purpose of the juvenile justice system in New Jersey, as in many states, isn't punishment.

When someone under 18 commits a murder or other severe violent crime, he or she can be waived to adult status -- with adult consequences. The rest are deemed "delinquent" (as opposed to "convicted") after a private hearing before a Family Court judge. At that point, the focus immediately turns to rehabililtation.

The state has various programs and alternatives for minors that help steer them away from further trouble -- thus avoiding any stigma that could hurt them. If they've remained on the straight and narrow, it's a clean start once they're adults. If they continue to get into trouble, they could end up in a detention center.

In other words: sensible responses.

This week's case raised the proverbial furor once a spokesman for Passaic County Sheriff Jerry Speziale mentioned the spectre of sex offender status. (See: Do 14-year-old's naked pics make her a Megan's offender?)

Then came a "staff & wire report" yesterday on the Bergen Record's online site, which said:

If convicted, the Clifton teen would have to register as a sex offender, state Attorney General Anne Milgram said. Milgram said it might be the first case in the state in which a youth was charged with child pornography for posting photos of themselves to a social networking site.

The chorus of critics rose through the day, culminating with some harsh words from Maureen Kanka, whose daughter's murder led to the nation's first "Megan's Law.

"Kanka didn't mince words, saying authorities "should be ashamed of themselves" for grouping youngsters who make poor decisions in with genuine sex offenders. (See: Megan's mom urges help for teen who posted nude pics.)

As this makes its way through the system, it seems, cooler heads already are prevailing. ..News Source.. by Jerry DeMarco