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Criminal Law

: Sentencing Law and Policy

Third Circuit upholds bar on sexting prosecution threatened by state DA

By Douglas A. Berman

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The National Law Journal has this new piece, headlined "3rd Circuit Bars Prosecution Threat for Teen 'Sexting': Panel also found former DA had violated parents' rights by usurping their roles," which reports on this notable ruling today from the Third Circuit. Here is how the piece starts: In the first case ever to challenge the constitutionality of prosecuting teens for "sexting," a federal appeals court has upheld an injunction that barred a Pennsylvania prosecutor from bringing child pornography charges against girls who refused to attend a class he had designed to educate youths about the dangers of sexting. In Miller v. Mitchell, a unanimous three-judge panel concluded there was no probable cause to bring any charges against the girls who had appeared in various states of undress in photos shared among a group of teens...continue to full post

Full post as published by Sentencing Law and Policy on March 18, 2010 (boomark / email).

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