Sex Tape of Girl and Boy Leads to Child Pornography Charges for Two Teen Boys in Sacramento
Two teenage boys have been arrested in Sacramento on child pornography charges after allegedly releasing a sex tape involving a female student who did not consent to being filmed.
According to Sacramento police, one of the boys filmed the other having sex with a female student without her knowledge or consent on October 10th, then released the video to the public. All three are minors so their names have not been released.
The two teen boys were arrested on Saturday, October 17th, on suspicion of possessing and distributing child pornography
, sexual exploitation of a child, and conspiracy to commit a felony crime.
Officials from the Northern California school district have also opened an investigation into the crimes. “El Dorado Union High School District’s top priority is always the safety and well-being of our students and staff,” the district said in a press statement.
“Maybe they’re not offended by it, but the law protects them. In some cases it protects them from themselves,” said John McGinness, a retired Sacramento County Sheriff, in reference to strict California and federal laws which clearly state that minor children are not able to consent. “And at no point can anyone consent to the dissemination of graphic sexual material involving a minor child.”
“Are these people going to be disadvantaged by what they’ve done? I think the answer to that question is an overwhelmingly yes – and that’s what the laws are intended to prevent,” McGuinness added.
Although there is a clear victim in this case – the girl who did not know she was being taped – the law names the boy in the film as both a perpetrator and a victim of sexual abuse. Child pornography charges were designed to defend children from adult sexual predators, but as more children use smart phones, tablets, and other portable electronic devices, there may be criminal liability for those involved.
For example, in September this year, two North Carolina teenagers were arrested for sexting images to each other while under age. Federal child pornography law defined the teens as perpetrators of abuse against each other, as well as the victims of sexual abuse. However, the now legal-age teens stated that they both consented to the explicit texts and images. Because the images were sent through Snapchat, however, they broke federal laws about child pornography and will go to trial on the criminal charges.
In South Carolina, criminal sexual conduct with a minor, even if the perpetrator is a minor, is a serious criminal charge. If convicted, it can lead to serious consequences, including mandatory minimum prison time and lifetime registration on the national sex offender registry.
