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(Berkshire Eagle)   Massachusetts DA warns school children that he will turn them into unemployable, ostracized sex offenders if they get caught sexting   (berkshireeagle.com) divider line 137
    More: PSA, Massachusetts DA, sex offenders, child pornography, Computer Crime  
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6020 clicks; posted to Main » on 17 Feb 2013 at 3:18 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-02-17 12:16:47 PM
assets.nydailynews.com
I wonder if the Berkshire Eagle is delivered in New York State?
 
2013-02-17 12:20:07 PM
Robert W. Kinzer III; staunch defender of decency and morality

/guy needs a mask and a kung fu chauffeur
 
2013-02-17 12:27:28 PM
Mass DA?

Fifty bucks says he will be indicted on bribery charges and various corruption charges sexting inappropriate pictures to a young woman.
 
2013-02-17 12:37:23 PM
Sure makes me glad we didn't have smartphones when I was in high school.
 
2013-02-17 12:46:01 PM

doyner: Sure makes me glad we didn't have smartphones when I was in high school.


meh, we just used Polaroids....

As for that DA: Yes, threaten young adults and make what they're doing even more exciting and naughty.  That should work out great for you.
 
2013-02-17 12:46:49 PM
because one mistake when you're young and dumb should destroy your life forever, right?
 
2013-02-17 12:48:56 PM

Weaver95: because one mistake when you're young and dumb should destroy your life forever, right?


The whole notion of there being a juvenile court system where kids who make dumb mistakes can be punished in a way that still gives them a chance later when they grow up is being completely dismantled.

When I have on my tinfoil hat, I connect that to the growing for-profit prison industry, but lately I'm thinking that more often when I don't have it on as well.
 
2013-02-17 12:55:06 PM

jake_lex: Weaver95: because one mistake when you're young and dumb should destroy your life forever, right?

The whole notion of there being a juvenile court system where kids who make dumb mistakes can be punished in a way that still gives them a chance later when they grow up is being completely dismantled.

When I have on my tinfoil hat, I connect that to the growing for-profit prison industry, but lately I'm thinking that more often when I don't have it on as well.


Reminded me of this.

Nothing to see here, move along...
 
2013-02-17 01:26:01 PM

Weaver95: because one mistake when you're young and dumb should destroy your life forever, right?


In a perfect world, no.
This isn't a perfect world though, and plenty of assholes exist that WOULD hold the stupid mistakes of youth against people years later.
 
2013-02-17 01:28:06 PM
Okay, who let this Pennsyltucky asshat into the Commonwealth?
 
2013-02-17 01:31:18 PM

jake_lex: Weaver95: because one mistake when you're young and dumb should destroy your life forever, right?

The whole notion of there being a juvenile court system where kids who make dumb mistakes can be punished in a way that still gives them a chance later when they grow up is being completely dismantled.

When I have on my tinfoil hat, I connect that to the growing for-profit prison industry, but lately I'm thinking that more often when I don't have it on as well.


http://www.aclu.org/racial-justice/school-prison-pipeline

It really exists. I've been teaching for 15 years and I can attest personally that putting police officers in schools and having for-profit prisons has ruined many, many lives.

We used to get suspended for a stupid fist fight. These kids get arrested, charged with assault, and then tried as adults. It's disgusting, it truly is.
 
2013-02-17 01:52:38 PM

Kimothy: jake_lex: Weaver95: because one mistake when you're young and dumb should destroy your life forever, right?

The whole notion of there being a juvenile court system where kids who make dumb mistakes can be punished in a way that still gives them a chance later when they grow up is being completely dismantled.

When I have on my tinfoil hat, I connect that to the growing for-profit prison industry, but lately I'm thinking that more often when I don't have it on as well.

http://www.aclu.org/racial-justice/school-prison-pipeline

It really exists. I've been teaching for 15 years and I can attest personally that putting police officers in schools and having for-profit prisons has ruined many, many lives.

We used to get suspended for a stupid fist fight. These kids get arrested, charged with assault, and then tried as adults. It's disgusting, it truly is.


And before that you were either told to cut the crap out or given gloves to finish the fight.  I once had the former during freshman year, later that same year in a different school, a kid punched me in the face and then walked into the office to take his suspension (literally like that).  Two days later, he was part of a small group of boys who broke into a house, raped and killed the elderly lady before taking her car.  How's that for a very true and very extreme example?  I have found old school-mates, I didn't even know back then, by that story.  One them actually said "You were the guy Jeremy punched?  I wondered who that was."
 
2013-02-17 03:09:49 PM
Don't shoot the messenger. The DA didn't make the law, he just is supposed to prosecute people that break it.

It's a shiatty law and needs to be changed. And the way to do that is to point out how unfair it is to the children it is supposed to protect.

And yes, DAs and judges should use discretion when these kinds of cases come up. But if you assume good guys will ignore the law, that makes it much less urgent to change it.
 
2013-02-17 03:22:52 PM

Krieghund: Don't shoot the messenger. The DA didn't make the law, he just is supposed to prosecute people that break it.


DA's have discretion on if charges are needed, like say when a cop beats/murders someone. They sure seem to hush up in a hurry when its a cop.
 
2013-02-17 03:23:54 PM

Weaver95: because one mistake when you're young and dumb should destroy your life forever, right?


The best part is that they will be tried as adults. For producing child pornography. Of themselves.
 
2013-02-17 03:23:59 PM

jake_lex: Weaver95: because one mistake when you're young and dumb should destroy your life forever, right?

The whole notion of there being a juvenile court system where kids who make dumb mistakes can be punished in a way that still gives them a chance later when they grow up is being completely dismantled.

When I have on my tinfoil hat, I connect that to the growing for-profit prison industry, but lately I'm thinking that more often when I don't have it on as well.


Oh come on.  It's not like schools are strictly regimented, with access limited to approved family members during certain hours.  Oh, er, hmm.

Well, they don't have armed guards!  Not yet, anyway.

/we wanna put your snowflakes in prison after high school FOR THEIR SAFETY!  do it for the chidren
 
2013-02-17 03:24:22 PM
I sense this turning into an issue of his projecting his mass sexting escapades

/only time will tell
 
2013-02-17 03:24:28 PM
This Kinzer guy sounds like a real Masshole. And there's GOT to be something he's covering up. Zealots like this always have something weird in the closet....
 
2013-02-17 03:27:21 PM

BayouOtter: Weaver95: because one mistake when you're young and dumb should destroy your life forever, right?

The best part is that they will be tried as adults. For producing child pornography. Of themselves.


But it's for the children! Why do you hate the children?
 
2013-02-17 03:29:06 PM
Closet pervert.
 
2013-02-17 03:29:13 PM
i200.photobucket.com
Big Brother is watching.
 
2013-02-17 03:30:14 PM
Home of the puritans, after all
 
2013-02-17 03:31:13 PM

Krieghund: But if you assume good guys will ignore the law


This assumes that they are "good guys" to begin with.
 
2013-02-17 03:31:17 PM
This asshat needs to be out of a job fast. The police can charge someone, but it's his decision to prosecute, and if he thinks this is warranted, then he needs to be tossed out on his ass.

I know someone who was threatened with charges for exactly this reason, in MASS. She was blackmailed when she was underage (she's much older and in college now, so I guess consider her an early test case). The guy threatened her, threatened to hurt her family, and the dipshiat feds got involved (because the perp was across state lines) and in the end, they terrorized her threatening production of CP charges for being blackmailed into taking photos of herself while the guy walked around free.

America has a really sick sense of what is right and wrong when it comes to sex.

Teens have sex, they watch porn, and they take dirty photos. Fix the farking law already and stop ruining lives over a set of tits on a cell phone. Jail the guys forcing girls/guys into this, and leave the kids alone (Hey, prosecutor, leave them kids alone!).
 
2013-02-17 03:31:28 PM
The whole point of child porn laws was to protect children from being sexually exploited by adults. Teens sending pictures of themselves to each-other isn't the same thing. And these assholes know it.

For fark's sake, people need to use their brains.
 
2013-02-17 03:32:00 PM
Sex
Drugs
Rock n Roll

Is there no limit to the butthurt that the Nannys feel?
Good!
 
2013-02-17 03:32:17 PM
And that's why as soon as my young (male) cousin got a phone with a camera and a data plan, my other cousin (his older sister) told him bluntly, "Do NOT take pictures of your junk and send it around to your friends!" And then she showed him a bunch of news articles about 15-year-olds charged with felony child porn because they took pics of their tits.

Three weeks ago that cousin (now 14) was arrested for marijuana possession. The cops downloaded everything of his and his friends' phones. They found plenty of adult photos, but no child porn. I guess he paid attention to THAT particular warning. Apparently he couldn't handle not smoking pot, though.
 
2013-02-17 03:33:11 PM

cptjeff: BayouOtter: Weaver95: because one mistake when you're young and dumb should destroy your life forever, right?

The best part is that they will be tried as adults. For producing child pornography. Of themselves.

But it's for the children! Why do you hate the children?


I believe that children are the future...unless we STOP THEM NOW!
 
2013-02-17 03:33:22 PM

Ed Grubermann: The whole point of child porn laws was to protect children from being sexually exploited by adults. Teens sending pictures of themselves to each-other isn't the same thing. And these assholes know it.

For fark's sake, people need to use their brains.


The clowns in the judicial system lack anything resembling brains, or common sense.
 
2013-02-17 03:34:08 PM

Back in the old days we did the same thing. The difference was that a Polaroid instant photo didn't get distributed instantly to millions of people. You took a pic for your loved one, and they kept it in their hope chest or locked diary. They didn't photocopy it a million times and give it to everyone else when they suspected you didn't love them enough, either.


I think we need to change the laws. Anyone past puberty who wants to take a picture of themselves should be free of the burden of child pornography laws. Any significant other of similar age who is the recipient of the image should likewise be off-limits for prosecutors.


We could make another new law that makes distributing naked pictures of yourself when you're under 18 years of age a misdemeanor, and the punishment should be a class that teaches just how dangerous it could be to give boyfriends/girlfriends naked pictures of yourself. No jail time. No sex offender list for teenagers. Just something to teach them the common sense rules for this situation.

I also think that we should establish a national age of consent, and that the age of consent should include not just the ability to choose for yourself whether or not to have intercourse, but also the legal right to choose whether or not you wish to pose nude. Personally, I'm all for sixteen being the national age of consent. Eighteen is silly-- Most relatively normal people have had sex by that time these days (and really, they did in the past, too).

It's just stupid that in Michigan, for example, a 19-year-old and a 17-year-old can have sex and it's perfectly legal, but in California that same relationship would lead to rape charges, sex offender listings, and the ruining of a young person's life.

The old, white, Christian folks who work so hard to keep these screwed-up sexuality laws on the books need to be ignored. They don't speak for the rest of us, obviously. I lost my virginity at sixteen, to a nineteen-year-old, and I have never had one moment of regret. She didn't damage me. But in today's world she would have been arrested in half the states in the union and called a child molester, when she was really my peer, my girlfriend, and someone I trusted and cared for enough to make a PERSONAL decision to share myself with her.

Protect teens by educating them about being human, not punishing them for acting human.

/Keep your laws off my body, and all that sort of thing.

 
2013-02-17 03:34:10 PM
Is the law intended to protect people from the consequences of their actions? Yes, there are negative consequences for these sorts of actions, beyond the criminality. But when a large portion of the negative consequences comes from the illegality of the act, rather than due to the nature of the act itself (getting thrown on a sex offender list vs. people sharing the photos with recipients beyond the original intended recipient), perhaps the law is problematic. Fix the law, yet still encourage discussion that focuses the  real consequences, the risks due to the nature of the technology, not the (ideally non-existent in a better world) risks due to the asinine law which should be changed. Although if the law still exists as-is, then discussion of its consequences is appropriate, but perhaps discussion too of what an idiotic law it is.
 
2013-02-17 03:35:00 PM
Hey DA, 8====D
 
2013-02-17 03:35:07 PM
Aren't children the protected class of child pornography laws?  I'm not quite understanding how you could charge the victim of the crime with the crime...
 
2013-02-17 03:35:55 PM

Mike Chewbacca: The cops downloaded everything of his and his friends' phones.


What the hell do the contents of their phones have to do with smoking pot? Oh, yeah. Getting arrested for anything is now free reign to go throw everything you own looking for unrelated crimes to prosecute you for. Silly me.
 
2013-02-17 03:36:09 PM

Ed Grubermann: The whole point of child porn laws was to protect children from being sexually exploited by adults. Teens sending pictures of themselves to each-other isn't the same thing. And these assholes know it.

For fark's sake, people need to use their brains.


Riiiiiiiiggghhhtt....

But, but think of the children, just not THAT way...
 
2013-02-17 03:36:52 PM

Flagg99: This asshat needs to be out of a job fast. The police can charge someone, but it's his decision to prosecute, and if he thinks this is warranted, then he needs to be tossed out on his ass.

I know someone who was threatened with charges for exactly this reason, in MASS. She was blackmailed when she was underage (she's much older and in college now, so I guess consider her an early test case). The guy threatened her, threatened to hurt her family, and the dipshiat feds got involved (because the perp was across state lines) and in the end, they terrorized her threatening production of CP charges for being blackmailed into taking photos of herself while the guy walked around free.

America has a really sick sense of what is right and wrong when it comes to sex.

Teens have sex, they watch porn, and they take dirty photos. Fix the farking law already and stop ruining lives over a set of tits on a cell phone. Jail the guys forcing girls/guys into this, and leave the kids alone (Hey, prosecutor, leave them kids alone!).


How do you "force" someone to do anything over a computer?

Maybe teach kids to turn the farking thing OFF.
 
2013-02-17 03:37:49 PM
Very simple solution to this:

Treat it the way prostitution is treated in many areas (again, a lot of America misses out in this). Where I live, being a prostitute is not illegal, but using the services of one is. With this, the girls aren't arrested, but johns are, if the cops feel like enforcing the law (which is often iffy at best).

Same principle: make it a non-criminal act to produce if you're under 18... but still a crime to posses if you're over 18. Also, create a distinction between "set of tits that could belong to a 20 year old but could be underage" and actual CP, to prevent clogging up the system.

It's not hard. I swear the U.S. is still run by puritans however.
 
2013-02-17 03:38:11 PM
I had no idea the descendants of the Puritans made it as far as Massachusetts Hillbilly Country, i.e. Berkshire County. I think the kids are farked to begin with because they live there.
 
2013-02-17 03:40:06 PM

jake_lex: Weaver95: because one mistake when you're young and dumb should destroy your life forever, right?

The whole notion of there being a juvenile court system where kids who make dumb mistakes can be punished in a way that still gives them a chance later when they grow up is being completely dismantled.

When I have on my tinfoil hat, I connect that to the growing for-profit prison industry, but lately I'm thinking that more often when I don't have it on as well.


That's what's really silly. Charge them as an adult for their crime of taking a picture of their minor self.
 
2013-02-17 03:40:34 PM
A DA is just like a regular lawyer, but with a smaller conscience and a bigger ego.
 
2013-02-17 03:42:03 PM
Those big gaps between paragraphs? Those are what happens when you switch between Formatting and HTML buttons in the middle of a post. Sorry.
 
2013-02-17 03:42:16 PM

potterydove: Aren't children the protected class of child pornography laws?  I'm not quite understanding how you could charge the victim of the crime with the crime...


Ever hear of that 13-year old girl and the twelve-year old boy in Utah being charged with felony child molestation charges because he got her pregnant? No, really. Both were charged. The state supreme court later tossed the convictions out.
 
2013-02-17 03:42:18 PM

Arcturus72: Ed Grubermann: The whole point of child porn laws was to protect children from being sexually exploited by adults. Teens sending pictures of themselves to each-other isn't the same thing. And these assholes know it.

For fark's sake, people need to use their brains.

Riiiiiiiiggghhhtt....

But, but think of the children, just not THAT way...


www.explosm.net
 
2013-02-17 03:42:29 PM
ModernLuddite:
How do you "force" someone to do anything over a computer?

Maybe teach kids to turn the farking thing OFF.


No, not without running Shut Down first!
 
2013-02-17 03:43:11 PM

BayouOtter: Weaver95: because one mistake when you're young and dumb should destroy your life forever, right?

The best part is that they will be tried as adults. For producing child pornography. Of themselves.


Doh I see you beat me to it lol
 
2013-02-17 03:44:02 PM

Flagg99: but still a crime to posses if you're over 18


problems with this:  What if some 15 year old for whatever reason decides to ruin your life by emailing you pictures of themselves.  We have seen stories on fark where someone has just made up rape accusations because they were pissed with a teacher about a grade.  This doesn't seem all that far fetched.  If it is strict liability 15 year olds suddenly have a pretty powerful weapon against whomever they don't like that is above 18.

Additionally, what if they are pictures of yourself?  As soon as you hit that age threshold suddenly you are a criminal.
 
2013-02-17 03:44:30 PM
DAs can do whatever the f*** they want to do in this country, and there's not a d*** thing you do about it. Why do liberals want to centralize all power in the government's hands in this country, with zero accountability? I mean none. At least with corporations and other institutions you have the courts as a last resort, as flawed and in need of reform as that process may be. But a DA, a corrupt cop, the IRS? Bend over and take it, citizen.
 
2013-02-17 03:47:16 PM
Child pornography laws were created to prevent adults from exploiting children, not for preventing adolescents from being adolescents.

As with three-strikes laws, zero-tolerance policies, and the like, this is more evidence that the distinction between the letter and the spirit of the law is disappearing. We no longer trust ourselves or our public servants to interpret the law in a sensible, humane, and rational way, so we insist on draconian, bureaucratic, black-and-white enforcement.

This is, unfortunately, a bipartisan trend. Conservatives are afraid that liberal judges will coddle criminals,  liberals fear that conservative judges will show favoritism toward defendants from privileged backgrounds, and moralists of all stripes are convinced that we can recreate the Garden of Eden once we have locked up all the sinners. Meanwhile, the growing for-profit prison industry and its lobbyists play both sides against the middle like a virtuoso.
 
2013-02-17 03:48:06 PM

ModernLuddite: Flagg99: This asshat needs to be out of a job fast. The police can charge someone, but it's his decision to prosecute, and if he thinks this is warranted, then he needs to be tossed out on his ass.

I know someone who was threatened with charges for exactly this reason, in MASS. She was blackmailed when she was underage (she's much older and in college now, so I guess consider her an early test case). The guy threatened her, threatened to hurt her family, and the dipshiat feds got involved (because the perp was across state lines) and in the end, they terrorized her threatening production of CP charges for being blackmailed into taking photos of herself while the guy walked around free.

America has a really sick sense of what is right and wrong when it comes to sex.

Teens have sex, they watch porn, and they take dirty photos. Fix the farking law already and stop ruining lives over a set of tits on a cell phone. Jail the guys forcing girls/guys into this, and leave the kids alone (Hey, prosecutor, leave them kids alone!).

How do you "force" someone to do anything over a computer?

Maybe teach kids to turn the farking thing OFF.


I actually put "threatened to hurt her family" in the original post, so please read next time. She was 12 and fully believed he would show up and hurt them. "Turning it off" wasn't that simple, at least not in her mind. When she got older she reported him and then feds pulled their douchebag act. I felt terrible because I actually encouraged her to report him when she told me/even gave her the link to the ICE website that she used.
 
2013-02-17 03:52:45 PM

Gergesa: Flagg99: but still a crime to posses if you're over 18

problems with this:  What if some 15 year old for whatever reason decides to ruin your life by emailing you pictures of themselves.  We have seen stories on fark where someone has just made up rape accusations because they were pissed with a teacher about a grade.  This doesn't seem all that far fetched.  If it is strict liability 15 year olds suddenly have a pretty powerful weapon against whomever they don't like that is above 18.

Additionally, what if they are pictures of yourself?  As soon as you hit that age threshold suddenly you are a criminal.


Less problems with this than the current system. The blackmail example/false rape accusations - yes, that happens, and it will have to be sorted out in court. Some people will always abuse the system. That's no argument to keep the current law.

You should always be exempt from possessing photos of yourself, at any age. The same way my grandma should not be charged for that photo of me streaking through the backyard when I was 5.
 
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