Shouldn't we criminalize masturbation?
This was a big story this past week. Two teens are dating. Both are under 18. They privately exchange selfies of each other and are now are themselves charged as adults for exploiting minors (themselves).
If it sounds like we’re making this up… watch this:
So all this prompts a question…
If “hands-on” offenses are the more heinous crimes and this kid has 4 charges for violating himself by taking a “selfie”, shouldn’t we charge every 17 year old in North Carolina for masturbating?
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Wow just Wow – I do at least like that the former sex offender prosecutor makes a little sense but they are missing the big picture (no pun intended). The big picture is that Many and I would venture to say Most of the sex offender laws are just as ambiguous and over reaching as the laws they are speaking about – the existing laws in most states are based on high recidivism rates and stranger danger which is not correct and false.
This case is getting a lot of attention except for the legal violations done by the law enforcement agencies.
Read Jonathan Turley’s take on this at http://jonathanturley.org/2015/09/08/teen-couple-exchange-explicit-photos-with-each-other-north-carolina-prosecutors-charge-them-criminally-as-adults/
Sixteen at the age the pictures were taken and sent to each other.
He turned 17 and was arrested, She was sort of arrested, gender discrimination on charges.
If both did the same thing at the same age then why is only the male is to blame.
This is North Carolina and like Alabama’s 22 male to 1 female prison ratio.
The laws apply mostly to male offenders and not females.
However, these charges also are Ex post Facto used according to age.
How can you wait until a person is of age to charge them for a juvenile act.
Like with my friend Tim who was 14 in 1998 and then charged in 2006, under a new law and his age in 2006. This was in Alabama where Tim is serving 3 LIFE sentences that at the time they were done he could not be charged because he was under 16 and the other person was the same age as him. He was sentenced as if the age of the other person never changed, and his age at that time was his current age in 2006.
How can time be used in law like this without violating Ex post Facto?
Same goes for these two people.
What ever happen to the controlling factor that the date of the offense controls type of offense and punishment?
How can the state wait until a new law to come out and use it on an old offense?
Ex post Facto condition of law that violates every state and the US Constitutions.