ELK GROVE, Calif. (AP) - A Northern California elementary school teacher sent her students home for the summer with a video of class memories, only the DVD included six seconds of her having sex on a couch.Isn't distributing pornography to minors a felony?
Officials at the Elk Grove Unified School District asked families of the teacher's 24 students to get rid of the DVD after the unintended clip was found spliced in a scene where children were sharing stories in class.
"Just destroy them," said spokeswoman Torrey Johnson.
Johnson said the teacher, whose name isn't being released, sent the DVD home with her students from Isabelle Jackson Elementary on the last day of class Friday. She learned of the mistake after a parent called her. She then called all the parents to ask them to destroy the DVD.
Friday, July 03, 2009
Why Homeschool, Part 28
I'm not sure this isn't a felony (H/T: Blowing San #1):
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Not 100% sure on this, but I don't believe she would be guilty under California law (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=313-313.5)
Most criminal laws require more than mere negligence in order for someone to be guilty. This particular statute imposes a "knowing" requirement. So, unless the prosecutors could establish that she knew, or should have known, that the DVD contained pornography, she is probably not guilty of a felony.
Federal law covers child pornography, but AFAIK, the materials have to display minors in sexual acts, or things of that nature. Since this involved an adult's sexual acts, those laws are not relevant.
I didn't anything about child pornography; why did you?
Because it's natural to talk about what federal and state laws might be potentially applicable. Since there are no federal laws on general pornography, I thought it worth mentioning that to the extent federal law touches porn, it's only in the context of child pornography. Get it?
I am not a fan of public school systems. In this case I sympathize with the teacher who apparently made a very embarrassing mistake.
I sympathize more for any of the children who my have seen the sex.
I have no empathy for a woman who would let herself be videotaped while in the midst of an intimate act. I can only hope that the man (it was a man right?) was her husband at the very least. This world is being strangled by evil and our souls are being ever more corrupted when we allow things which should and _must_ be private, be recorded for "someone's viewing pleasure". Please stop the insanity.
Gosh, I hate when that happens!
Seriously, I'm with Karie on this...
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