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CO: DA – No charges in school sexting scandal

CANON CITY — The district attorney will not file charges against 106 students identified as participating in swapping 351 nude or questionable photos of their classmates following a month-long investigation into a sexting case. Full Article

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  1. mike r

    So now prosecuters can pick and choose what laws they are supposed to uphold. Although I don’t want to see these students prosecuted I think it is a slippery slope when prosecuters choose what laws to uphold. I think its up to the legislative branch to adjust and resolve or repeal or rewrite the laws instead of letting prosecuters decide they will not prosecute unlawful acts. After all nothing will change if they get to choose. Isn’t it a seperation of powers issue?

    • 403 Forbidden

      You are dead on, mike r. This DA may not prosecute, but maybe the next time in another place a different DA will. Besides, how can the law serve as a deterrent if you never know if it is going to be applied or not.

      • New Person

        I’m lost, but doesn’t the state take over and it cannot be stopped?

        So it’s okay to pick losers and winners? The state doesn’t differentiate b/c a crime was committed. B/c if that’s what happened here… I can see law suits happening. What Colorado did set a precedent for not prosecuting by not abiding by the law.

        • Harry

          The one thing for sure, that DA or some other DA in CO. will charge and prosecuted a teenager for the same crime. Especially one that do not have the community standing or influence. The only reason this DA is not doing it is because he wants to be re-elected.

  2. ab

    Good. Now next time don’t refer to the activity as a scandal, let alone a sexual one. Nothing regarding this case or most cases of a similar nature involve scandalous circumstances.

  3. Stephen

    I’m glad the kids won’t have to register, but I also feel the more to register, the louder our voice.

  4. curiouser

    In California, PC 288.2 (sending harmful material to a minor) was recently restructured to encompass the “epidemic” of sexting. Specifically, the “a” count was amended to deal with sexting a picture of a “minor” to another “minor.” Without making too great a leap of faith, that would mean the state was looking for a way to “crack down” on those darn kids sending nekkid selfies to their bf, gf, etc.

    I will avoid the lunacy of how two teens playing doctor in person is harmless experimentation, but doing so with the aid of the mommy-and-daddy provided cellphone is felony. Oh wait. I just did.

    So suddenly, another state discovers the “unintended consequences” of one of these niche laws: A whole mess ‘o teens are caught up in this mess, some of whom just MUST be the relatives of well-connected politicians, government officials, police officials…you get the drift. And, miraculously, the whole thing goes way. “Those darn kids!” Just reading the statements of the prosecutor is pure comedy. One can almost image the exact same words coming from the mouth of an “adult” suspect as he is being given the law enforcement version of the Spanish Inquisition during a search warrant raid on his home.

    I’m happy a whole slew of kids won’t see the rest of their lives ruined with felony convictions and years on a barbaric registry. The other side of the coin has been well expressed in this thread, about how selective prosecution in this case renders the whole concept of the process moot.

    Naturally, the prosecutor will crow about “letter of the law vs. Intent of the law,” but that is a self-serving argument. Throw an age of “20” on a few of the participants and see how fast they are sentenced to a veritable lethal injection of punishment.

    Still, I choose to see this as a glass-half-full scenario. A good attorney can hopefully make an argument for selective enforcement of some of these questionable laws in a future case where a non-minor might actually be the “victim” of an over-active minor armed with their own body and a cellphone.

    peace

  5. mike r

    This is a BLATANT act by the prosecutor to appease the constituents and public opinion and in direct conflict with the judicial branch of our gov. This prosecutor should be charged with obstruction of justice, conspiracy to commit a felony act, and as an accomplice to the crime if he/she is taking upon their selves to decide not to prosecute in this case. I am so tired of all these elite individuals nit having to face the same consequences as the rest of us have to. Entire police departments covering up crimes and destroying evidence in crimes and lying in sworn affidavits and all the get is suspended with pay or forced to retire if anything at all………….Just like the Chicago police department, all those involved with trying to cover up evidence or obstruct justice should be prosecuted and sent to jail just as any average citizen would be…… Its disgusting.. I don’t want to see these kids’ lives ruined either on the one hand but don’t let them off just because your constituency are part of the elite and the parents of some of these kids… Like I said the prosecutor is part of the judicial branch of gov. and should not be making legislative choices such as which laws they will enforce………………

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