UPDATE (as of 9am on 5-8-14): BOY ARRESTED. TWO COUNTS OF INVASION OF PRIVACY IN THE THIRD DEGREE. (I’d presume for nonconsensual recording (NJ Stat 2C-14:9 (b) and nonconsensual distribution. (NJ Stat 2C:14-9(c))
Once again New Jersey is newjerseying from another scandal involving the unlawful collisions of sex and minors and nonconsensual internet pornography, as reported in NJ.com.
A 15-year-old boy secretly recorded himself and a 13-year-old girl engaging in a sex act and then uploaded it to Facebook. There are no reports about how long the video was up, but long enough for other students at Dickinson High School to alert the victim of its existence.
The story specifically states that the girl did not know she was being recorded. Nevertheless the misogynistic militia of internet pus-warts was at the ready, flocking to the article’s comments to discredit her, arguing that she had to know it was being filmed and speculating about her precocious promiscuity. (Perhaps the commenters are admitting they were there and are inviting a felony charge for themselves re: child porn laws)
What to charge 15 year-old boy with:
Invasion of privacy , third degree for nonconsensual recording of the sexual act, NJ Stat 2C-14:9 (b);
Invasion of privacy, third degree for nonconsensual distribution of the pornography, NJ Stat 2C:14-9(c);
Child Porn in the second degree for causing a child to engage in a sex act while knowing it would be filmed, NJ Stat. 2C:24-4(b)(3);
Child porn in the second degree for filming the sex act with the minor, NJ Stat. 2C:24-4(b)(4);
Childporn in the second degree for distributing a recording of a child engaged in a sex act, NJ Stat. 2C:24-5(a);
Child porn in the fourth degree for possession, NJ Stat. 2C:24-5(b);
FEDERAL LAWS (though under 18 U.S. Code Section 5032 they’ll prosecute in-state because the accused is a juvenile.) :
Federal Exploitation of Children, 18 U.S. Code Section 2251 ;
Certain Activities relating to material involving the sexual exploitation of minors; 18 U.S. Code Section 2252 ;
Certain activities relating to material constituting or containing child pornography, 18 U.S. Code Section 2252A.
and
Oscene visual representation of the sexual abuse of children 18 US Code Section 1466A
Now, Jersey, seriously.