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National

IN: Indiana Supreme Court – Sex with minors is OK, but it’s illegal to sext them

In Indiana, it’s legal for adults to have consensual sex with minors aged 16 and 17. But it’s illegal to sext those same minors, the Indiana Supreme Court ruled this week. The decision reinstated sexting charges against an adult who texted nude images of himself to a girl he knew was 16. Full Article

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  1. Harry

    Lawmakers have become immature as 5 year olds and their thinking processes are totally not working.

    • Bill

      Its hard for me not to laugh at the logic behind this, but I have met some 5 yo with more horse sence than some adults I have known.

    • Nichael

      It’s what happens when politicians pile on. They are too busy trying to appear tough on crime that they don’t consider existing laws and/or how they might conflict with each other.

  2. C

    So, physical sex with 16 years olds ok, but sending them a photo of genetalia, which they can effortlessly obtain on their own, is illegal. Check.

    The government is a cesspool of contradictory, non-sensical laws. Here’s a favorite example: To over throw the government is illegal, however, in case you need to, your right to own a gun is protected, unless, of course, the government screws you out of that right. Then you’re eff’d.

    • Timmmy

      Quote from the article, “”The Dissemination Statute clearly protects minors under the age of 18 from the dissemination of matter harmful to them,” Justice Mark S. Massa wrote”

      It seems his attorney incorrectly pick the wrong argument. Clearly, if consensual sex with them is not harmful, then sending images of the same thing they can seen in person is not. Maybe he should have argued it was Unconstitutionally vague since a person person has a right to know exactly what is considered prohibited activity..

      • Nichael

        The defendant could argue the constitutionality of the law in federal court. As far as IN is concerned, the law, ignorant as it may be, is clear and does reference child pornography and obscene materials.

  3. It doesn’t work

    Bureaucracy and Stupidity. How nice. Now, I am not for 16 year olds and 40 year olds having any type of sexual relations, but this government is a LAUGHING STOCK 😂!!!

    • It doesn’t work

      AJ, it’s another one of those slippery slope laws. And this is how it works. A parent talks about sex with their child, the child is out with friends and in a dangerous situation (pressured for sex), child & patent exchange texts, parent is arrested and prosecuted because he/she didn’t use the proper language. On the flip side, Politician or cop etc has a full on sexual relationship with a minor which includes sexting, said politician / cop etc pleads down to a single count of this charge.

      • AJ

        “On the flip side, Politician or cop etc has a full on sexual relationship with a minor which includes sexting, said politician / cop etc pleads down to a single count of this charge.”
        —–
        Wait, are you saying who you know is more important than objective justice? When did this happen…?!??

    • CR

      It seems like a strong first amendment case on the part of the petitioner. I think orders for Friday’s conference will be out next Tuesday. Most cert petitions seem to be relisted at least once before being granted or denied, so I wouldn’t be surprised to see a relist. I’m guessing they will grant cert eventually to address the split.

    • CR

      SCOTUS denied certiorari in 17-209 MUCCIO, KRISTA A. V. MINNESOTA that AJ mentioned above. http://www.scotusblog.com/case-files/cases/muccio-v-minnesota/

      I guess they didn’t think the Minnesota ruling conflicted with the Texas or 9th Circuit rulings.

  4. Alfred DeLeo

    This ruling is bizzaro! Not one single State Supreme Court Justice ruled correctly, or event noticed that these laws (sexting and consensual sex) are actually conflicting laws. This one is worth watching if this guy’s attorneys will move the case on appeal up the ladder.

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