Case Study: S.K. in Maryland

S.K was charged on three counts: filming a minor engaged in sexual conduct, distributing child pornography, and displaying obscene materials to a minor.

In Charles County, Maryland, S.K., aged 16, texted a video of herself performing fellatio on an unidentified male to two of her friends, aged 16 and 17. After a falling out between the friends months later, in December 2016, S.K.’s friends turned the video over to the school resource officer. During a meeting with the school resource officer, S.K. signed a statement that she had sent the video only to her two friends, believing that the meeting’s purpose was to stop the video from being disseminated further.

Instead, the officer submitted a report to the State’s Attorney, who filed criminal charges against S.K on three counts: filming a minor engaged in sexual conduct, distributing child pornography, and displaying obscene materials to a minor. The Court placed S.K. on electronic monitoring and supervised probation, during which she was required to report to a probation officer, complete weekly drug tests, complete a substance abuse assessment, obtain permission prior to moving or leaving the state, and allow the probation officer to enter her home (Kaufman, 2020).

Reference Kaufman, E. (2020). Punishing victim as perpetrator: In re: S.K. and the chilling effect of labeling teen sexting as child pornography. University of Maryland Law Journal of Race, Religion, Gender and Class, 20(1), 112-135.

Additional reading

Md.’s top court upholds child pornography charge against teen who texted friends a video of herself. *This Washington Post article requires a subscription.