We've talked about the potential for child porn charges to be launched against teens who "sext" before, but now it's gone to another level.
Three Pennslyvania teens are now suing the DA for threatening to charge them with child pornography or open lewdness unless they participate in a five-week after-school program followed by probation.
On Wednesday, the American Civil Liberties Union asked a federal judge to block Wyoming County District Attorney George Skumanick Jr. from filing charges, saying that the teens didn't consent to having the picture distributed, and that in any event the image is not pornography.
Two of the 3 girls involved were photgraphed in their bras by a female friend at a slumber party. The third girl was photograhed topless in a different setting.
Skumanick said he would fight the lawsuit.
Appearing on The Early Show, he said that his office could have filed charges against the girls, ranging from "sexual abuse of children in Pennsylvania, criminal [use] of a communications facility, or open lewdness, and there were other possible charges also," but that his office decided to make an offer of limiting penalties to probation if they attend a sexual harassment program.
Are these girls right to sue the DA's office? Should they be charged with a felony crime for "sexting" if they don't aceept the deal?