Davis teen faces felony charge

FARMINGTON — Davis County prosecutors have charged a 15-year-old boy in connection with the swapping of nude cell phone images among some 30 students.

A complaint filed Wednesday in juvenile court in Davis County charges the boy with one third-degree felony count of dealing in material harmful to a minor, plus three class-B misdemeanor counts of lewdness.

Other misdemeanor charges have been filed against about 30 other students, but this is the first time a student has been charged with a felony in the case.

Deputy Davis County Attorney Ron Dunn said most of the incidents investigated involved students sending nude photos of each other as a joke. In order for a juvenile to qualify for a felony charge there must be a victim involved in which the photo taken was used for other means, such as publication on a Web site, Dunn said. He would not provide details about any specific cases.

Davis County Attorney Troy Rawlings stressed that the felony charge against the 15-year-old was not an offense which would require him to register as a sex offender.

Earlier this month, a discussion of the nude cell phone pictures by the Utah Supreme Court sparked a flood of phone calls to Rawlings' office by parents who were concerned their children could be made to be registered sex offenders. Rawlings said he does not plan to charge any of the students with anything that would result in that.

While prosecutors are being sensitive, Rawlings said he wants to send a message to kids that trading in nude cell phone pictures is something that should not be considered acceptable behavior.

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