A 16-year-old Saanich girl who texted naked pictures has been found guilty of child pornography and uttering threats.
The teenager, who can’t be identified under the Youth Criminal Justice Act, was charged with possession and distribution of child pornography after ‘sexting’ naked pictures of her boyfriend’s ex-girlfriend.
This is believed to be the first case of it kind in Canada where a teenager has been tried for offences relating to ‘sexting’.
Sexting is the act of sending sexually explicit texts, photographs, and / or video, between mobile devices.
“It’s been so hard on all of us, especially my daughter, to have to go through all of this.” said the accused’s mother back in September. “It changed who she was as a person, and there’s more than just one victim in this whole situation.”
The accused’s lawyer, Christopher Mackie, argued the case is unconstitutional because his client is essentially the same age as the person in the shared photos, therefore she was not engaging in pedophile behaviour.
After the sentencing Mackie, told the court that he will be back in court later this month to set a date for a constitutional argument against the conviction.
“We want to remind people that once they send a text message, or once they send a photograph of themselves, they really don’t have control over what happens with that with the end user,” said Sgt. Steve Eassie with the Saanich Police. “Our suggestion would be, for youth specifically, not to be sending photos of themselves.”
WATCH: Does ‘sexting’ by minors constitute child pornography?
– With files from the Canadian Press.
© Shaw Media, 2014