Michigan Arrest Raises Questions About Definition of Child Porn

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Today, anyone can create a video and post it on the Internet for millions to see.  But law enforcement and the courts are struggling to keep up with the innovations.  In Michigan, a 21-year-old musician Evan Emory has been charged with creating and distributing child pornography after he edited a video to make it look like an audience of children was listening to him sing a song with sexually explicit lyrics.  He than posted the video on YouTube.  If convicted, Emory could face 20 years in jail and be forced to join the sex offender registry. The first-graders were filmed while Emory performed children’s songs at the local elementary school.  After the children left, Emory taped himself singing the racy song.  He later cut the two together.  The video included a disclaimer the children, who were readily identifiable, were not present during the performance of the song. According to a story in The New York Times, reactions to the video and Emory’s arrest have been split.  Many do not believe it could be considered child pornography, although most feel the video was in poor taste. JJIE.org recently covered another case involving the digital manipulation of children’s images.  The Second Court of Appeals, in New York, upheld the conviction of a man who pasted the faces of underage girls on the naked bodies of adults.

“Runaway” Bill Voted Out of Subcommittee

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The Runaway Youth Safety Act has passed out of subcommittee amid a continuing debate about the role of shelters and other facilities and how soon they must notify authorities they have given shelter to juveniles.  The Judiciary/Non-Civil Committee must pass the bill, HB 185, before it moves to the House for a full vote.  A hearing by the committee is likely later this week. Keep checking with JJIE.org for any changes.

Colorado Boy, 12, To Be Charged in Parents’ Murder

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A 12-year-old Colorado boy may be charged with the murder of his parents, the local district attorney said.  Police in Burlington, Colo., found the bodies of Charles and Marilyn Long in their home Mar. 1 after the boy called 911.  The 12-year-old’s two siblings were seriously injured, according to police, but are expected to recover. The district attorney is contemplating charging the boy as an adult.  He will appear first in juvenile court. Neighbors were shocked by the murders.  According to a story in Time, the family was very religious and the homeschooled boy volunteered at his church.

The Brain May Be the Key to Criminality

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The brains of criminals are biologically different from those of the general population, according to new research. In one study, researchers scanned the brains of 21 people with anti-social personality disorder, a condition that often leaves people with no sense of right or wrong.  The scans showed certain portions of the brains were smaller on average for those with the disorder than those without. Other studies showed deformations and smaller overall brain sizes in those with severe anti-social personality disorder. These and other studies were recently covered in a story by  Foxnews.com. Researchers say that many of these differences can be spotted in the brains of children who are very young, but they also say the traits are not  fixed but can be corrected.

Sen. Jack Hill: ‘I’d like to see RYDCs operate more efficiently’

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We’re asking lawmakers to weigh in on issues affecting children and the juvenile justice system in Georgia. In this installment of the JJIE.org interview series, State Senator Jack Hill (R-Reidsville) weighs in on the new Department of Juvenile Justice (DJJ) commissioner and how the cash-strapped agency may effectively cut costs. Senator Jack Hill

Chairman of the Senate Appropriations Committee
Former Chairman of K-12 Education, Ethics and Higher Education Committees. JJIE: What do you consider to be some of the main pressing issues facing juvenile justice in Georgia? J.H.: I know that the budget cutbacks are a setback, but I’ve been impressed with [DJJ’s] plans for efficient delivery of services.  I’ve been especially impressed with Commissioner Amy Howell’s work.

States Roll Back Prosecuting Teens as Adults

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An era of prosecuting juveniles as adults may be coming to an end in numerous states as criminal justice officials face a growing recognition that many underage offenders have been mishandled in the adult system, details a story in Sunday’s New York Times. While states from Connecticut to Wisconsin have started to roll back the generation’s old policies, many other states remain resistant to the change, citing the higher cost of adding more people to the juvenile systems at a time of crushing budget problems, says the paper.

Martha Turner Catches Up with Kaffie McCullough and Judge Phillip Jackson About the Human Trafficking Bill

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Since the Georgia House of Representatives passed the human trafficking bill HB 200, (which includes stronger penalties for the prostituting of children) I asked Kaffie McCullough, founder of JJF’s A Future. Not A Past. (AFNAP) for her thoughts. Kaffie, how does this bill differ from Bill 304 which you worked on a year ago? “It does some of those same things, and it’s a step forward, but it’s not as far as ultimately we’d like to go.

Bill Targeting Human Trafficking Passes Georgia House: Moves to Senate

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A bill cracking down on human trafficking has passed the Georgia House of Representatives and will now move to the Senate for approval.  The legislation, HB 200,  increases penalties for those guilty of human trafficking, especially if the victims are less than 16 years old.  Further provisions are made for victims who have suffered as a result of forced prostitution.

Update: More Charges Filed in Wreck that Killed Teen

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Four adults have now been charged with supplying teens with alcohol ahead of a fatal car accident on Feb. 19 in Douglas County, according to the Sheriff’s Office. One of the adults charged is the county’s chief code enforcement officer, Todd McAllister. McAllister’s home was the site of one of two parties the teens attended the evening of the wreck. Another charged was Rocky Patel, a local story owner who allegedly sold alcohol to the teens.

Federal Appeals Court Rules on “Virtual” Child Porn

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The Second Court of Appeals, in New York, upheld the conviction for child pornography of a man for digitally pasting the faces of underage girls on the nude bodies of adults.  The court ruled that the images altered by 50-year-old John C. Hotaling were not protected free speech under the First Amendment. Hotaling argued that no minors were injured by his actions but the three-judge panel said the girls in the images were “at risk” for psychological harm.  No evidence was found that Hotaling distributed the images. The U.S. Supreme Court ruled in 2002 that computer-generated images that did not involved actual minors were protected speech.  Congress responded by enacting legislation that considers any image featuring “identifiable minors” to be child pornography. According to his attorney, Hotaling plans to appeal.