Gravlen wrote:The Blaatschapen wrote:
Because the other minor allegedly did the same sex offense but did not get convicted nor registered.
I'm not saying I support the outcome of the case - I don't - but just to help differentiate between the actors:
A boy took the initiative and sent a picture of his erect penis to two underage girls, unsolicited. The girls did not send any nude pictures to him without a prior request.
The boy then requested nude pictures from the girls, "badgering them until they complied with his requests". The girls did not request any nude pictures from the boy.
After repeated requests, the girls sent pictures to the boy.
The boy kept the nude pictures on his phone. There is no information that the girls kept his nude picture on their phones (or elsewhere). On the contrary, one of the girls testified that she deleted the photograph after receiving it, and the other testified that she did not recall what she had done with the photograph.
The crime: To knowingly possess or control any “sexually exploitative material” for any purpose.“Sexually exploitative material” includes any photograph that depicts a child engaged in “explicit sexual conduct,” which includes, as relevant here, “erotic nudity.” § 18-6-403(2)(e), -(2)(j), C.R.S. (2018). The statute defines “erotic nudity” as “the display” of certain intimate body parts “for the purpose of real or simulated overt sexual gratification or stimulation of one or more of the persons involved.
So:
- The boy had kept the pictures, and knowingly possessed or controlled them. We have no evidence suggesting the girls kept the pictures. This is the main difference, but also:
- The nude pictures of the girls were for the overt sexual gratification of the boy, which we can conclude from him repeatedly asking the girls for the photos after sending them a picture of his erect penis. There would be no such evidence for the girls, who got an unsolicited dick pic first and seemingly never asked for more.
The conclusion: the minors did not do "the same sex offence".
I stand corrected.