PA- Wyoming County DA appeals ‘sexting’ charges ban

Hummm, kinda sounds like the DA is correct; this time. He just may win this appeal.

4-29-2009 Pennsylvania:

The Wyoming County district attorney has appealed a decision by a federal judge to temporarily bar him from charging three teens involved in a “sexting” scandal that has grabbed headlines around the nation.

George Skumanick said U.S. District Judge James M. Munley’s ruling in March interferes with his ability to decide whether to bring charges in a criminal case. He is concerned the ruling could set a precedent that “allows anyone in the 33 counties that make up the Middle District of Pennsylvania to commit a crime and then run to federal court and say their civil rights were violated.”

The American Civil Liberties Union represents the three teens, who are among 20 Tunkhannock Area School District students threatened with child pornography charges after officials discovered nude or seminude photographs on cell phones confiscated from students. Mr. Skumanick told the Tunkhannock teens he would not prosecute them if they signed up for a five-week educational program.

The three girls represented in the ACLU lawsuit refused. ACLU lawyers are arguing the photographs in which the girls appear are not pornographic and should be protected under the First Amendment. One photo shows two of the girls wearing bras. The second shows the third girl wearing a towel, her breasts exposed.

The phenomenon of sending and trading provocative photos via cell phone, or sexting, has caused problems for other teens around the country. The Tunkhannock case also has led to charges being filed against a 52-year-old Georgia man who saw sexually suggestive photos of a 14-year-old Tunkhannock Area girl and allegedly contacted her over the Internet for more intimate photos of herself, and then to engage in sex with him. ..News Source.. by ERIN L. NISSLEY, STAFF WRITER