McKenna on KIRO: Child porn conviction upheld for teen’s own photo

KIRO 97.3 host Dave Ross asked Rob about a state Supreme Court ruling in which a Spokane teen’s conviction for child pornography was upheld, even though he was the one who created and sent the image. NW News Network reports, “The teen, who has Asperger’s syndrome and was already a convicted juvenile sex offender, was charged and convicted of one count of second degree child pornography and required to register as a sex offender.”

Dave Ross: “Given this decision then, does that make sexting between teens also child pornography?”

Rob McKenna: “It could, yes. The statute says that any person who creates and then disseminates an image of a child in this way – and the statute’s very detailed about what the image has to contain in order to constitute child pornography – but any minor who does this is a ‘natural person’ who would be under the definition of the statute.

“I think that what we’re seeing here is an example of a court doing its job of applying the statute as they find it. They did look at the intent of the Legislature as well, which they don’t have to do when the language of the statute is clear. But they did look at legislative intent, and legislative intent here was clearly to go after and discourage images of children in sexual situations.”

Listen here

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  • fight4liberty

    So our state Supreme Court will take a statute dealing with child pornography in the most literal sense, but on 75% of other statutes they interpret what is meant? I have a young nephew who seemingly just discovered his penis, I’m abhorred at the idea that he could some day face child pornography charges because he decides to take a picture of it.

  • ssemans

    The larger tragedy here is that juries are misinformed about their true duty to bring a just verdict, whether or not it is in accord with the law as written. Judges routinely misinform jurors that they are to judge facts, not law, but nowhere is it so written in statute that this is so. 1-800-ASK-FIJA

    • GoldwaterConservative5

      I’m confused, do you say the jury was misinformed. What jury? ?

      • ssemans

        I had assumed that at the trial level there was a jury. I would think that a smart lawyer would opt for a jury on something like this, and try to play on their sympathy and sense of justice. Judges have no sympathy nor sense of justice; they just follow the law.