Nude Photo-Sharing: From a Family That's Been There

Detective Dannahey

"Wow, this 'power of control' seems identical to my case and what the teen involved told me. As far as the criminal side of this, there are a few problems concerning the 'child porn' aspect. I notice that the mom said that her child’s face does not appear in the photo. If this case was to come into my office, the first thing we would have to try doing is to determine 1) if we could prove the photo was of that specific child and 2) if we could not prove that it was in fact that specific child, could we prove that it is a photo of a minor. I have had several cases of this type. In some cases you can use the background in the photo to prove that it was taken in the child’s home, which could be helpful in proving that it is a specific child. If a photo is very clear in detail we might be able to prove who's in the photo by birthmarks, marks on the body, etc. You can also use the file data from the photo to at least give you a time period of when the photo was taken and in this case data from the phone where it was taken from. Lastly, we have taken a child’s photos to a physician who is recognized as a court expert in the area of child exploitation and, based on the child’s development, he or she might be able to make a convincing case that the child in the photo is a minor. Would every police department go this far? Maybe not.

"I would say that in this case, you would have a criminal violation in the fact that a group of teens is circulating a nude photo, supposedly of a specific minor, and attaching a name to the photo as being a specific person. This action would obviously cause alarm and humiliation to a teen. In this case, you may or may not prove the 'child porn' aspect of it, but you would certainly have a charge relating to the alarm and humiliation factor. That exact charge would differ from state to state. I know this sounds a little complicated... The fact that this child’s face does not appear in the photo severely complicates this case."

Dr. Block

"This is a complex and surprisingly common occurrence. I can imagine two different strategies: (1) just wait it out, or (2) notify the police. Transferring the photo is a serious federal crime, so perhaps a police officer would be willing to address the school and educate them at the same time. However, if anyone actually got into trouble, the backlash against the girl might be terrible. Also, by bringing in the police, the issue is prolonged and cemented into the minds of her classmates. Finally, there may be some legal risk to the girl herself. An aggressive prosecutor could come after her (see this). I'd consult a lawyer, then, before talking to the police.

"So, if it were my child, I probably would be inclined to 'do nothing' and let it blow over. However, I would send the daughter to see a therapist so that she would have a safe place to discuss and think through the harassment, which is awfully shaming and painful. Also, I would leave the decision about whether to involve the police or not to her. Giving her that decision (in the context of therapy, where it can be thought through carefully), might give her a greater sense of control over the situation. What a difficult position to be in, as a child or parent."