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Thursday, August 5, 2010

Get flashed, go to jail

What would you do if you were driving down the road and there were two girls standing on the side of the road flashing their breasts at every car that went by? Would you pop out your cel phone and snap a pic? “Hey guys, you are not gonna believe what just happened!”

The next thing you know, you might end up on the registered sex offender list and never be able to attend your own child’s school play again.

That’s exactly what is happening to a man who was subsequently charged with

felony possession of photos of sexual performance by a child and a misdemeanor charge of contributing to the delinquency of a minor.

because the local sheriff happened by as this guy was snapping his photo. The girls turned out to be 15 and were charged with indecent exposure.

But how many other illegal photos are out there from this incident? Is it creepy? Maybe, but only after you learn the girls legal age. Before that its just ridiculous and somewhat expected in the world of hand held cameras. And it certainly doesn’t justify the draconian penalty that is the list. There are too many innocent (or at least harmless) people who get caught up in sex offender list. In some states, public urination can land you a scarlet letter. Just try to explain to the nice mother next door that you really aren’t a creepy predator in danger of molesting and killing her five year old child when she see’s your name on the published list.

At least in this case the girls weren’t charged with something that would put them on the list.

In TX it wouldn’t even have to be an underage issue, if he emails it to his friends it may violate Sec. 21.15.  “Improper photography or visual recording” which states that a person commits a felony if they

(1)  photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room:

(A)  without the other person's consent; and

(B)  with intent to arouse or gratify the sexual desire of any person;

which doesn’t require registration as far as I can tell but is still ridiculous as a crime for someone who puts it out there.

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