The attorney for a 32-year-old former teacher in Racine County has requested that the judge charge a teen with distributing child porn after she sent naked pictures of herself to the teacher, who is accused of having sex with her. The attorney's move was made in response to the prosecution charging the man with possession of underage pornography after pictures of the girl were uncovered on his phone and computer during their investigation in February 2012. The request may have raised more problems for the accused man, who was dealt additional federal charges March 22.
The Racine County teacher faces two misdemeanor charges of sex crimes for involvement with a child older than 15 in addition to the charges related to the "lewd" pictures, and the most recent charge of production of underage pornography was issued March 19. He has pleaded not guilty to all counts.
The two encounters for which the man was originally charged allegedly involved alcohol and intercourse in November and December 2012 at his Waterford residence; he no longer works at the school. His attorney urges dismissal of the underage pornography charges on three premises. He contends that the law penalizing individuals for possessing underage pornography could potentially include anyone who unintentionally opens an unsolicited text or image, and he also added that the naked photos are not technically "lewd." He further claimed that questions regarding the now 18-year-old girl's age mean she should be charged as an adult for sending the pictures; she was 17 when she reported the alleged encounters. According to the attorney, if the district attorney does not charge her, they are admitting that the photos aren't lewd under state law.
In this case, the accused man could face serious consequences if convicted, including a possible loss of his teaching license, but his attorney's arguments, at the least, reveal inherent gray areas in the laws applicable to the case. For individuals accused of similar crimes, a skilled criminal defense attorney might argue against the admission of some evidence on similar grounds as part of a client's defense.
Source: WLFI, "Lawyer wants girl charged for nude photos she sent to teacher," Bruce Vielmetti, March 22, 2013