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Yahoo! My Yahoo! Mail More Yahoo! Services Account Options New User? Sign Up Sign In Help Yahoo! Search web search Home Singapore Asia Pacific World Business Entertainment Sports Technology Court asked to allow prosecution for "sexting" Reuters - Saturday, January 16 Send IM Story Print By Jon Hurdle PHILADELPHIA - A teenage girl who appeared topless in a "sexting" cell phone picture that was distributed among her middle-school classmates should face child-pornography charges, a Pennsylvania prosecutor argued before a U.S. appellate court on Friday. In the first U.S. case to test the constitutional status of "sexting," the American Civil Liberties Union countered that the incident does not come close to meeting the definition of child pornography which typically depicts graphic sexual acts with minors and is done for commercial gain. The ACLU also said the Wyoming County prosecutor erred when he threatened 16 teenagers with the felony charges unless they agreed to a participate in a "re-education" course on why sexting was wrong. A three-judge panel of the U.S. Court of Appeals was considering a March 2009 court ruling that said the pictures, in which teenagers sent sexually suggestive pictures of themselves to their friends by cellphones or the Internet, fall under the U.S. Constitution's free speech protections. Officials of the Tunkhannock School District in rural northeastern Pennsylvania contacted the county prosecutor's office in January 2008 after finding pictures on the cell phones of the 16 students. Most of their families agreed to undertake a "re-education" program called for by the prosecutor, but three refused. Prosecutors were seeking to press charges against one of the three girls. Pictures showed two of the girls wearing white bras and another standing topless outside a shower with a towel wrapped around her waist, the ACLU said. The pictures did not show any sexual activity. MaryJo Miller said outside the appeals court on Friday that the picture of her daughter, who was wearing a bra, was originally taken in 2006 when she was 12 years old and attending a slumber party. When she saw the picture, she thought the girls were "goofballs," Miller told reporters. "It was a training bra. You are going to see more provocative photos in a Victoria's Secret catalog." But the county argued that the pictures were pornographic because they were disseminated for the purposes of sexual stimulation and so would be of great interest to child molesters. Appellate Judge Thomas Ambro said prosecutors are not entitled to try to "re-educate" minors. "I don't know of anything that allows the district attorney's office to play the role of teacher," he said. The court is expected to rule within 90 days. Recommend Send IM Story Print Related Articles Technology comes to the aid of Haiti AFP - Saturday, January 16 US-TECH Summary Reuters - Saturday, January 16 Yahoo knew of attacks before Google, kept mum Reuters - Saturday, January 16 U.S. texting raises $11 million for Haiti Reuters - Saturday, January 16 China plays down Google dispute but U.S. concerned Reuters - Saturday, January 16 News Search Top Stories Judge urged to deny Polanski sentence in absentia bid Hershey to bid at least 17.9 bln dlrs for Cadbury JP Morgan reports big jump in profits to $3.27 bln JP Morgan posts $3.27 bln 4th quarter net profit IEA downgrades 2010 oil demand forecast More Top Stories » ADVERTISEMENT Most Popular Most Viewed Most Recommended Aborigines to ask Prince William for slain warrior's head Chicago businessman charged over Mumbai attacks Scientists praise Obama as Doomsday clock reset Airbus A400M partners 'committed': Britain Tensions rise as Haitians battle to survive More Most Viewed » Beat the blues by going to bed early: study Huge tomb found at Egypt's Saqqara pyramid Woman who saved Anne Frank's diary dead at 100 More Most Recommended » Elsewhere on Yahoo! Financial news on Yahoo! Finance Stars and latest movies Best travel destinations More on Yahoo! News Home Singapore Asia Pacific World Business Entertainment Sports Technology Subscribe to our news feeds Top StoriesMy Yahoo!RSS » More news feeds | What are news feeds? Also on Yahoo Answers Groups Mail Messenger Mobile Travel Finance Movies Sports Games » All Yahoo! Services Site Highlights Singapore Full Coverage Most Popular Asia Entertainment Photos Copyright © 2010 Yahoo! Southeast Asia Pte. Ltd. (Co. Reg. No. 199700735D). All Rights Reserved. Terms of Service | Privacy Policy | Community | Intellectual Property Rights Policy | Help

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