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Question
Posted by: anti cellphones with cameras | 2009/02/19

16 year old arrest for porn?

I read your letter about the 16yr old girl who sent explicit pictures of herself to a 12 year old boy (her boss' s son - how dumb) and got caught. I had no idea that she could have been arrested - what would the charge be? What could the sentence have been were she proved guilty? I think a lot of kids out there should be made aware that this sort of thing is actually a criminal offence and not a big joke. I presume if she was caught sending pictures to an older boy, it would be ok? From what age is it Ok? Look forward to your reply.ps we are talking about South African law here right?

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Our expert says:
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I'm not an expert on SA Law, and I'd like to see comments from other readers here. Anyhow, there are several potential charges, including statutory rape for anyone who has sex with someone under-age ( as it is presmed in law that a person younger than that could not give valid consent ; however this very rarely happens, especially when both parties are under-age. Distributing pornography ( and as she was young herself, it could even be argued to be child pornography ). The law does seem to be more lenient in dealing with girls, of whatever age, who take the iniitative in sexual matters, than it is with boys.
Since 1 January 2008, I gather the age of consent in SA is 16, and at long last the biases as to gender and orientation are removed.

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