from the and-maybe-they-can dept.
mikesd81 writes "In the first federal appeals court opinion dealing with 'sexting,' a three-judge panel of the United States Court of Appeals for the Third Circuit ruled Wednesday that parents could block the prosecution of their children on child pornography charges for appearing in photographs found on some classmates' cellphones. Miller vs. Mitchell (PDF) began in 2008 when school officials in Tunkhannock, Pa., discovered seminude and nude photographs of some female students on other student's phones. George Skumanick Jr., the DA at the time, said the students and their parents could be prosecuted if they did not participate in an after-school 'education program.'
The unanimous ruling of the judges, Thomas L. Ambro, Michael A. Chagares and Walter K. Stapleton, criticized the district attorney's reliance on the girls' presence in the photographs as a basis for the potential charges. 'Appearing in a photograph provides no evidence as to whether that person possessed or transmitted the photo,' said the opinion, by Judge Ambro."
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