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I tell my colleagues on a weekly basis that I am so glad that I grew up in the pre-smartphone era. There is no telling how much trouble I would have gotten into if I had access to as much technology as our youth do today.

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Raging swx, impulsivity and the angst of just being a teenager coupled with a smartphone is a recipe for disaster. Imagine your younger self and the pictures, memes and uncensored opinions you could have shared with the world via Facebook, Instagram, Kik, WhatsApp and Snapchat. It is becoming a regular occurrence to Grandma sex Durham North Carolina a teenager charged for obtaining or sharing nude photos.

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North Carolina prosecutes sexting, for the most Grandma sex Durham North Carolina, under pornography statutes. It is a crime in North Carolina to Dufham inappropriate, or obscene, photos. We can agree that everyone has their own definition of what is inappropriate or obscene. The dissemination of obscenity is unlawful and is a Class I felony.

How do we judge obscenity?

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Subsection d gives us Craolina guidance:. I have used this section to mitigate the seriousness of sexting to prosecutors- who is the audience for these photos and are these just kids flirting with each other?

This Dirham a new statute, enacted inwhich applies when parties are in a personal relationship. In my opinion, the definition leaves a lot of room open for argument as to whether your client was in such a relationship.

Is it ever reasonable to believe that images on a smartphone will be kept private? Under no circumstances should these private images be shared with anyone else.

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Getting even with your former flame can get you a felony conviction. In juvenile court, it will likely get you probation and sex offender specific counseling.

An important note for Juvenile Defenders- the statute treats Grandma sex Durham North Carolina under the age of 18 more leniently- the first offense is a Class 1 misdemeanor. A second or subsequent offense, however, is a Class H felony. The photo was sent to two other boys and a parent reported it to school authorities. More concerning is that he was also subject to sex offender registration with a conviction under this statute. Luckily, while the behavior was completely inappropriate, the photo was not too revealing and the teacher was on board with a conditional discharge for this young man.

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He was very fortunate that the prosecutor considered his youth and his reckless use of his smartphone. Another local case involved two 16 year olds who consensually engaged in oral sex while filming the act. The act depicted the female performing fellatio on the male.

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The female appeared to be aware that the activity was being filmed. The app Periscope, associated with Twitter, was used to film the activity.

So it was basically a live streaming movie. The female was not charged. However, it is clear that a situation in which acts are streamed live are subject to more serious charges.

Luckily, the case was resolved via a conditional discharge. The link below describes a few popular live- streaming apps, for your information.

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In all seriousness though, I believe young people today are under so Nkrth more pressure socially due to the prevalence of social media and the constant sea of cameras ready to record anything with one click. It makes me wonder if we as practitioners should advise juveniles and their parents to stay off of Str8 cock wanted media sites altogether and severely restrict smartphone usage. She obtained her law degree from Campbell University in Lama has been in private practice in Johnston County since October She practices criminal law, represents parents Grandma sex Durham North Carolina juveniles in juvenile proceedings and represents injured workers in workers compensation claims.

She lives in Clayton, North Carolina with her husband and daughter, who are also avid Tarheel fans. She can be reached at lama. Skip to content Home Posts tagged 'obscenity'.

Subsection d gives us some Grandma sex Durham North Carolina A person is guilty of disclosure of private images if all of the following apply: Coerce, harass, intimidate, demean, Granddma, or cause financial loss to the depicted person. Cause others to coerce, harass, intimidate, demean, humiliate, or cause financial loss to the depicted person.

Put that phone away! Do not video or live stream sexual acts.