5, 2015: Samuel Benda, now 21, was charged in 2011 with possession of child pornography for having a nude photo of his 17-year-old high school girlfriend on his cellphone, taken on the night of their prom.Benda pleaded guilty to the charge in November 2012. The charge was dismissed in July 2014 after he successfully completed two years of probation.Such a legal arrangement is called a stay of adjudication.It means a defendant won’t be adjudicated as guilty, as long as he or she complies with the court’s conditions.Once the conditions are satisfied, a judge will clear the defendant of the charges and dismiss the case.While Benda does not have a criminal record in Minnesota, the charges still show up in public records. In a hotel room two years ago after prom, Samuel J.It is the responsibility of the youth to research this issue, if interested. If emancipation is granted, it is not possible to reverse the decree.Emancipation applications can only be processed in the county of the residence of the parent or legal guardian.
They are subject to the adult courts and jail for law violations.The problem typically arises when the male is 18 or 19, the female is between 14 and 16, and the parent of the younger teen presses charges.(Even Romeo would be labeled a sex offender today, as he was believed to be 16 and Juliet 13 when their relationship began.)Though the age of consent (i.e.Benda didn’t question his 17-year-old girlfriend when she took a naked picture of herself in the mirror on his cellphone. “I didn’t think.” Now, her former boyfriend is facing serious consequences.The photo is a reflection of her and Benda, his hands covering her body. The girl later told a Dakota County judge that she had forgotten about the picture until police came to her house and asked about it. Benda was convicted of felony child-pornography possession and is awaiting sentencing.
An older teen who has sex with his younger girlfriend can be arrested, prosecuted, and jailed for the act.