The ACLU warned years ago that children would be charged with child porn for taking pictures of themselves under Draconian laws that were passed to protect children.
That prediction is a reality in Manassas, Va., where a 17-year-old boy has been charged with possession of child pornography (video of his own penis) and manufacturing child pornography (video of his own penis), reports The Washington Post.
The teen allegedly sexted a video of his erect penis to his 15-year-old girlfriend in January.
Manassas police and Prince William County prosecutors have obtained a search warrant that would force the teen to submit to a chemical injection that would produce an erection, which authorities would then photograph as evidence in hopes of matching the erect penis video that the boy allegedly sent to his teen girlfriend.
If convicted, the boy would not go to prison until he turned until 21, but could be included on the Virginia sex offender data base for the rest of his life.
“The prosecutor’s job is to seek justice,” said Jessica Foster, the boy's defense lawyer. “What is just about this? How does this advance the interest of the Commonwealth? This is a 17-year-old who goes to school every day, plays football, has never been in trouble with the law before."
"Now he’s saddled with two felonies and the implication that he’s a sexual predator. I don’t mind trying the case," added Foster. "My goal is to stop the search warrant. I don’t want him to go through that. Taking him down to the hospital so he can get an erection in front of all those cops, that’s traumatizing.”
Foster said the boy's teen girlfriend originally sent photos of herself to him, so he allegedly sent her a video with his erect penis.
The 15-year-old girl was never charged, but the teen boy was after the girl's mom filed a complaint in January.
Foster claims the police have already taken photos of the teen’s genitals against his will in a juvenile detention facility. His iPhone and iPad were seized by police.
"He said they took him to a room and took pictures of his genitalia,” the teen's aunt told NBC Washington D.C. “I asked if they’re allowed to do that, and he said, ‘I tried to refuse,' which he did, he didn’t want to do it. They told him if he did not they would do it by force.”
Now, police want to force the teen to become aroused, which some critics are calling child sexual abuse and the manufacturing of child pornography.
The teen has not given the erection sample yet, which his lawyer is fighting. He will go back in court in August when a judge will decide if he should go on trial.