Reader comments: Prosecutors charge teen with felony in nude cell phone pictures case

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Charging these kids is crazy | 1:19 p.m. April 17, 2008
Do we really need to charge these kids? Yes, it is stupid, yes they shouldn't have done it...but to be charged as a felon or even a misdemeanor? This should be dealt with between the group of kids and their parents...not the courts! Text messaging is here to stay. Would they have been charged the same if they were sharing hard copy nude photos of each other? I think the fact a cell phone was used is making this a bigger deal than it is. Also, I bet this is happening all over Utah high schools, colleges, businesses, etc. Again, its wrong, i don't agree with it and my kids would get a long lecture if involved, but to charge these kids is ridiculous as long as there was not intent to cause harm. It seems They were just goofing off. Setting a precedent and sending a message to the kids is good, but do it in some other way than threatening to put them on the sex offender list! If this was a group of college kids, would they all now be sex offenders?
Thomas | 1:23 p.m. April 17, 2008
As I think it was Samuel Goldwyn who said, "if you want to send a message, call Western Union."

It is simply contemptible that a Utah prosecutor would file felony charges -- that have the potential to absolutely ruin a young man's life -- over what is essentially a really stupid adolescent move. As many intelligent conservatives have said before, I deplore the "proliferation of felonies." The charge of felony -- a class of crimes that once commanded the death penalty -- has become way too common. Keep the misdemeanor charges and throw the book at the kid if that's what's needed to "send a message," but a felony charge is typical government overkill.

This lawyer says that prosecutor ought to be fired.
CR | 1:35 p.m. April 17, 2008
What an idiot (prosecutor)! Why ruin a life of a 15 year old? What happened to the country?! We all know it is wrong but we all keep our mouths shut.
There are many solutions to the incident, but they will require common sense.
Wake up, America!
Comments continue below
Way to go Davis County! | 1:44 p.m. April 17, 2008
I think this is a perfect punishment for the crime. Anything less would be an insult to justice. Anything more severe would brng out the nutjobs complaining about creepy lawyers.

Good work Davis County District Attorneys Office.
navyvet | 1:53 p.m. April 17, 2008
We are apparently missing the part of the story that implied that there was an unwilling victim in the case involving the unnamed 15 year old. When a minor is sexually victimized it certainly should be a felony and a 15 year old is old enough to know better.
Only in Utah! | 1:59 p.m. April 17, 2008
Have the Davis County prosecutors nothing to do?

Charging a 15-year-old boy with a felony for being a 15-year-old boy?

Who are these clowns with law degrees?
Chris Plummer | 2:03 p.m. April 17, 2008
Davis County has always prosecuted with a bit of overzealousness. Too bad for this kid. I hope he can get his Juvenile record sealed.
This is basically a Status offense. If the boy were 18 and the girl was 18... there wouldn't be a problem here. In my mind it is like underage drinking.
Wake Up People | 2:11 p.m. April 17, 2008
Are you really surprised that this kid was charged? With so much law enforcement already deals with concerning nudity of minors and real perpetrators, they're probably pissed that some dumb teens would do something so stupid. I don't agree that he should be charged with a felony, but maybe he'll learn his lesson. Just don't do dumb stuff people!
concur with way to go | 2:17 p.m. April 17, 2008
Obviously, children need to be trained in the home regarding these dangers and possible consequences of childish pranks. Parents need to get a clue just as much as the kids do regarding this matter. For better or worse, kids today cannot get away with the same stuff we did 30 years ago, so it's imperative that we teach them that there are consequences for their actions. The prosecutor is doing his job - - those who would like to see the prosecutor's head on a platter are extremely bold in talking smack, but I doubt they would do any different than the prosecutor if they were in his shoes.
Anonymous | 2:22 p.m. April 17, 2008
Yes.. if they were clooge kids, they would have been treated with the full extent of the law.... including sex offender registry if the crime fits the criteria. Though I must agree with the felony charge being extreme, I think that just a lecture is not enough either because it falls on deaf ears. That is why juveniles (who at this age KNEW what they were doing was wrong) continue to do things with the thought that a lecture is all that will happen to them! and we wonder why the youth today are disrespectful?? Because of the law, we can't physically discipline our kids so unfortunately we have to let the law run its course. A misdemeanor would not ruin the kids life but send a strong message to him and others that what they did was against the law and hopefully prevent others from doing it.
Utah JD | 2:23 p.m. April 17, 2008
It's always troubling to see the strong, absolute opinions about legal issues expressed by people who have not seen any actual evidence, have not talked to any witnesses, don't know anything except what they read in the paper (written by people who also don't really have any direct information), and they still think they know enough to criticize the people who have the evidence and have talked to the witnesses! Doubting "Thomas" even claims to be a lawyer! And "Charging these kids" knows what the defendants' intentions were, apparently by ESP! I'm glad we don't have prosecutors, defense attorneys, and judges making decisions and acting on the basis of news reports, imagination, prejudice, ESP, and sheer ego. Geez, people! You sound like Nancy Grace and the Fox Noise Channel, where the facts don't matter and information just gets in the way of a good yammering.
Anonymous | 2:32 p.m. April 17, 2008
Why don't we leave this matter to the kids' parents. I think they are more than qualified deal with something as stupid as this. The last thing the parents need in there pursuit of teaching their children right and wrong is for some arrogant lawyer to get in the way.
Wake up Chris Plummer | 2:37 p.m. April 17, 2008
This is nothing like underaged drinking. Once that picture leaves one person's cell phone, who know's where it will land and how many other people will see it. Not only will the perpetrator have to live with what they did, but the victim, whether willing or unwilling will have to live with that exposure too!We all have our agency and we all have rules to live by. Normally the rules exist for our own protection. Since we have agency, we can choose to ignore the rules, but we cannot choose, nor can we avoid the consequences. Also, the actions of these kids also affect their parents and other loved ones, AND THEIR FRIENDS TOO
Typical | 2:43 p.m. April 17, 2008
On this same site is a story about the registry in Salt Lake City,and the comments on it are all about how it is the slippery slope to far worse things to come, then I read this story about children sending nude pictures of themselves and it's all "kids will be kids.." mentality. What??? There's no slippery slope here?

I read comments about this all should be kept between the parents and the kids, well it would seem that if the parents were involved in their children's lives in the first place none of this would have happened. I also liked the comment about giving your kids a stern talking to. Yeah, that'll stop them from doing asnything like this again. My kid would loose his cell phone before you could say "text message".

Maybe we should stop looking to blame the "them" or "they" in our society and look at the own decline of morals in our own homes. The kids broke the laws, they ashould know better. My understanding is that after the age of 8 they are accountable for their actions. Or does that not apply in cases like this???
Typical is clueless | 3:11 p.m. April 17, 2008
Enough said
Concure: Utah JD | 3:20 p.m. April 17, 2008
Being a teacher ( watch all the attacks on education come out after that admittance) I am sure that for the DA to choose the path he did came with a lot of fore thought. I agree whole heartedly with Utah JD and laugh at anonymous right after him. Anonymous said "leave it to the parents to teach the kid." I believe this fully to but we did in this case and the kid did not choose wisely after the parent had raised him. I suggest we go to just home schooling and home incarceration (said with tongue in cheek)
RE: Anonymous | 2:32 p.m. | 3:32 p.m. April 17, 2008
"Why don't we leave this matter to the kids' parents. I think they are more than qualified deal with something as stupid as this."

OBVIOUSLY NOT
WHY ? | 3:35 p.m. April 17, 2008
Why the determination not to see these perverts on the registry?

It is a small step from what they are doing to taking pictures of classmates unaware (bathrooms, dressing rooms etc); if they have not already.

As a parent I would like some warning that juveniles my kids are associating with have engaged in such behavior.
Time out | 3:40 p.m. April 17, 2008
Ummmmm, those of you saying these kids "shouldn't be charged" and are "just being dumb kids": You do realize that what they were doing was creating CHILD PORNOGRAPHY, right? Kiddie porn is a serious crime - many people have spent a majority of their lives in prison because of it.

If a 50-year-old man were doing what these kids did, would you be here defending him by arguing he was just being a dumb adult? Somehow I don't think so.

Kiddie porn is a serious crime, and I'm glad. I don't care how old the maker was.
Question for 3:20 | 3:46 p.m. April 17, 2008
3:20, you claim to be a teacher, yet you don't know the difference between "to" and "too"? What do you teach, P.E.?
Colorado | 3:48 p.m. April 17, 2008
Let me get this straight. If it's an adult passing around nude pictures of children, it's classified as pornography and he or she would be prosecuted to the maximum and be registered as a sex offender for his or her entire "life". If it's a 15 year old passing it around and some impressionable teen who didn't care to receive it, does receive it and is highly offended, it's "kids just being kids"? What's the matter with you people?
RE: Typical | 4:06 p.m. April 17, 2008
Care to expand a little? Where am I so clueless? You don't think this is a moral slippery slope? That the children shouldn't be disciplined? What am I missing?
Christy | 4:12 p.m. April 17, 2008
From what I know about this situation, which is what I've read in the paper, it sounds like the punishment fit the circumstances. Why did all those parents call in wondering if there children would be put on sex offender registries if they didn't know their children were engaging in this type of behavior? I'd like to think maybe involvement from law enforcement would help these children and their parents realize the seriousness of their behavior. Teenagers often don't believe their parents and it sounds like some of the parents are more interested in their children having no consequences than cleaning up their behavior. Maybe they will believe it's serious when they are arrested. The six young women who beat up a classmate and then wanted to post a video of it on Youtube didn't think what they did was serious either. Now they face charges of kidnapping, etc. with the possibility of life in prison. I think these teens sending nude pics of themselves are beyond stupid. If their behavior goes unchecked, there are far worse things ahead for them than jail time. (or whatever the law decides)
Bad Judgement | 4:26 p.m. April 17, 2008
First of all I think the article leaves way to many holes in the story to formulate a reasonable opinion. Were kids taking pictures of themselves or others? Were the others wiling or coerced? What was the age difference in the ones sending and receiving the pictures? Was money involved? ETC ETC ETC. Based on this info it sounds like Rawlings is trying to moralize an act that parents should be discussing with their own children. What a waste of tax payer money. Are you going to legally prosecute 15 years old for having sex? What about a little touchy feely? This is absurd. Do some real good in the community by putting criminals behind bars rather than scaring teenagers, you fraud.
Re: 3:20 | 4:48 p.m. April 17, 2008
English, but I was not writing an essay I wrote for the thought. If that glaring mistake caught your eye but not the thought your childs behaviour (british sp) will be missed as you correct the persons faux pas who is pointing it. (by the way thanks for pointing it out grammar police or is it your high and mighty)
m | 4:48 p.m. April 17, 2008
I don't know anything about this story but what I have heard in the papers. If a crime was committed, which one was (child pornography), then there are consequences. As to what consequences are appropriate - that should be up to the courts. Consequences can be tough but that is not a reason to let someone off the hook. What they did was STUPID, yes, but it was also a crime that carries significant consequences. It certainly sounds like some of the parents are in denial as to the seriousness of their childrens actions.
Colorado | 4:49 p.m. April 17, 2008
Someone, please help me out here! Are laws associated with this type of behavior only applicable to adults? While I realize they are minors, the courts simply cannot give them a "free pass" on this issue. At their age, there must be some serious and painful consequences.
Oremite | 5:03 p.m. April 17, 2008
The felony charge was not something the State arbitrarily decided. It was something they took weeks to decide to do. There was mention in a previous article of the use of these materials to harass another student to do something. If this man was the perpetrator of that, then he certainly deserves a felony charge. Depending on the context of the situation a judge should still be able to determine whether this youth should be required to register as a sex offender, but I am all for repairing the damage already caused rather than create more.

To those who said 'boys being boys' in an earlier post: Not all of us out there believe in the objectifying and degradation of women in our society.
Joe Moe | 5:48 p.m. April 17, 2008
I'll join in thanking JD for using some common sense.

I just love <sarcasm> all the arm-chair judges, jurors, and lawyers out there who think they know everything, including the best legal and social resolution, when they know next to nothing about the case.

Get real.

Wait until the facts are in before you cast your judgment.

For example, WHAT IF this one kid, the only one charged with a felony, used one of the images to coerce another into doing something sexual, dangerous, and/or illegal, "or else I'll put this on the web with your real name under it." You want to leave that for the parents to work out? Whatever.
Thomas | 5:58 p.m. April 17, 2008
You guys have no clue. A felony charge is supposed to be reserved for the most serious crimes. Absolutely, smack the idiot kids with misdemeanor charges if it's warranted; it evidently may be in at least a couple of cases. But a felony used to be something you could get hanged for. Slapping the "felony" designation on every naughty thing in sight has the effect of watering down its deterrent effect.

True, we're limited to what has been published in the papers, and journalists are infamous for their pathetic attempts at legal reporting. But nothing I've seen of this case has given me the least hint that any charges more than misdemeanor lewdness would be justifiable.
DB | 6:29 p.m. April 17, 2008
I think our government should focus on better things like HIGH GAS PRICES!!!!!!!! The kids are dumb and were just being knuckle heads. They will probably never do anything like that again. It would be different if an adult was circulating nude pictures of kids to other kids or other adults but this... I think I'd rather have my tax dollars focusing on getting gas prices down. $3.30 a gallon, $4.00 for diesel and rising?? Ridiculous!!!!
Go Davis | 7:11 p.m. April 17, 2008
You go Davis County Prosecutor. Send a message. Do it, I applaud you.
EL TAB | 7:16 p.m. April 17, 2008
DB...when you say "the government should do something about gas prices", I assume you mean to lower the taxes government places on gas at all levels...allowing them to make mutiple times more money per gallon than do the "evil oil companies".
Reed | 7:37 p.m. April 17, 2008
I support Davis County officials for taking this stand. It is a tough decision to file felony charges against a 15-year old. Obviously this boy chose to pursue this "joke" too far.

The stigma of being labeled a sex offender for life would have been too harsh.
Anonymous | 7:50 p.m. April 17, 2008
Couldn't agree with you more El Tab!
Eye for an Eye | 8:59 p.m. April 17, 2008
I guess Davis county feels that we need to take our moral judgments back a few thousand years.

I believe that "Eye for an eye" is a lower understanding of law. There is no mercy or forgiveness in this. I still believe in fulfilling justice but those who would have no mercy would deserve none as well. Being LDS I also feel that we are judged based on how we have judged.

Place this example with the court. They weren't even Eye for an eye...they are being harder than that. I believe this is happening WAY too much in our country right now.

More teenagers are going for life than EVER before. We are becoming less forgiving.

A felony will ONLY RUIN the life of a 15 year old. I might have been just as stupid when I was 15. Half of the adults in Utah who commit worse crimes get less. Why kill this kids future? He will NEVER have the type of jobs that I can because something he did at 15!?

Why do we even have a legal age of 18 if every teenager is tried as an adult now? Judge harsh and be judged the same.
Said President Gordon B. Hinkley | 10:30 p.m. April 17, 2008
At his penultimate general conference address:
"Parents, do not try to shield your children from consequences." President Hinckley spoke at length about how youth today often feel entitled and free from any behavioral expectations and how parents are enabling these feelings by protecting their kids from punishment. Have we forgotten already?
Kiddie porn are you kidding? | 10:37 p.m. April 17, 2008
These kids were not creating kiddie porn...goodness gracious you people are nuts! A 15 year old sending photos of himself or his friends is NOTHING close to kiddie porn. Its not some 50 year old guy making and selling kiddie porn. Come on?!!! It was stupid, yes, but they are kids and they make mistakes. I love all the comments that the "parents should have known" what their kids are up to if they were good parents. Did your parents always know what you were doing as a teen? Were they aware of EVERYTHING you did? Kids are sly, they can easily manipulate their parents. We all know that, we all did it. This was a stupid mistake that was blown way out of proportion. The kids don't deserve a free pass...if they were mine, their CELL PHONES would be chucked off a cliff. Even if it was college kids...i would not agree to charge them as felons and put them on the sex offender list. Pretty soon your neighbor across the street who mows his lawn with his shirt off is going to be charged as a sex offender with the ways the laws are now.
Voice of Reason | 11:37 p.m. April 17, 2008
This young man was involved in an act with an unwilling party. Absolutely, he should be charged. I cringe at the fact that my girls have to go to school with kids like this. It will be argued that "kids will be kids", but this stuff is out of control. Parents, WAKE UP and start teaching your kids some VALUES in the home. TURN OFF THE TV and start teaching and preparing your children for what is out there. It will not get better, but worse. GET GOING!!!
David H | 12:25 a.m. April 18, 2008
The prosecutor stated that the felony with which the teen is charged will not require him to register as a sex offender. Unfortunately, these sex offender registration laws change all the time. They are frequently applied retroactively. Just because the offense is not registerable today does not mean that he won't be required to register at some time in the future.
Non-Utah JD | 12:32 a.m. April 18, 2008
I don't practice law in Utah, but in every state where I have practiced, the details of charges filed in juvenile court have been unavailable to the general public. Assuming that to be the case in Utah as well, I can only agree with Utah JD. A lot of criticism has been leveled here at both the prosecutor and the juvenile involved, but it seems to me that the only valid criticism should be directed at those of you willing to judge either of them based on incomplete information.
What | 12:54 a.m. April 18, 2008
Obviously the picture was not taken without permission! Perhaps passed around without permission, but if you send your photo out, that can't be that unexpected. We are talking about 15 year old boys here. Does anyone here not remember the kinds of things teenage boys do without thinking?

The kid needs probation or community service or something, but a felony record? At age 15, he probably had no idea the firestorm this would create, or how anal and aggressive the morality police/prosecutors are here in this state. Do you think any other state besides Utah would be taking this that far?
Question | 6:08 a.m. April 18, 2008
After reading all this discussion regarding this issue I just have one question.

Who is it that always crys foul everytime someone attempts enforce the law?

A: Criminals
B: Law abiding Citizens

Your response to this question tells a lot more about which side of the fence you are on than it does about the validity of the prosecution.

"Good people never loose any sleep worrying about their nude pictures being prosecuted and how that will affect their lives, because anyone with any sense, juvenile or adult dosen't take nude pictures of themselves."
Thumbs up | 6:59 a.m. April 18, 2008
This is child porn. Yes it was a stupid teenage thing, yes most kids do some stupid things, but it was still child porn. It sounds like most kids got a slight slap on the wrist and one of the 30 did something much more serious. If he did something to exploit other kids after they made a mistake. What is he going to do later in his life if we don't let him and others know it is wrong. I give the prosecutor two thumbs up.
Jill | 8:16 a.m. April 18, 2008
These charges would not be filed against a girl. This is a part of our societies ""War against Boys". Read the book.
L | 9:57 a.m. April 18, 2008
Interesting opinions, but some seem to go against what I have understood in the past.

I thought that we as citizens(through or legislators, city councils etc.)decided what would be considered legal/illegal in our society and then in most cases defined possible punishments.

If the offense(whether caused by Mom, Dad, Son, Daughter, Buisnessman, Teacher or Preacher)is charged with the appropriate violation of a misdemor, felony or whatever the law was.

THEN it goes to COURT to determine the GUILT or INNONANCE and to evaluate the circumstances and to specify the punishment as allowed by the law. That may end up being strict or not depending on the facts presented in court.

If we don't like the law & how it applies (to everyone) then we need to work towards getting it changed.

Just an off-hand comment about electronic messages...you do not control that they just go to your friend, I would bet there are a number of backup copies that are kept of all computer messages. Who know who will see them, capture them, or do what with them.

Obviously there has been a failure somewhere and the proper values have not been properly instilled.

I agree they should be charged!
JST | 2:17 p.m. April 24, 2008
This is just total stupidity. I don't see any harm and, as far as I can tell, no laws have been broken either. It is just a typically example of the government overreaching into an area that was formerly called "parenting". What's really disturbing here is not the kids, but the adults trying to blow something up which is nothing more and nothing less than a tasteless joke... It really is a sad time for America and it seems that things get worse by the day.
To all you liberals | 11:01 p.m. May 29, 2008
who don't want any consequences to your actions, I feel for your shriveled minds. A kid taking a picture of his genitals and sending it to a girl is sick. It is not just a 15 year old being a 15 year old. If you don't send the message to these perverts now, what next. If I am a kid and I know I can be charged with a felony, I won't be doing it. I can go do something different to pass the time

If some kid sent a picture like this to my daughter, they might have something worse than a felony charge to worry about.

Get with it --THIS IS BAD STUFF

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