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Lawyer: Consensual sex is not child porn

Wednesday, October 27, 2004 Posted: 9:22 AM EDT
(1322 GMT) 

LINCOLN, Nebraska (AP) -- The lawyer for a man
convicted for videotaping consensual sex with his
17-year-old girlfriend argues that the former
high school teacher should not have been
prosecuted under a child pornography law.

Todd Senters, 31, was convicted last year for
manufacturing child pornography after his
roommate found the tape in their apartment and
turned it in to authorities. Senters was put on
probation and required to register as a sex
offender.

In briefs filed with the Nebraska Supreme Court
seeking to overturn the conviction, Senters'
lawyer James Martin Davis noted that state law
allows people age 16 or older to have consensual
sex.

He wrote that state lawmakers did not intend the
child-pornography law -- which makes it a crime
to tape sex acts involving minors under age 18 --
to be used in such cases.

"This law is intended to protect those children
who were not yet old enough to form a rational
basis for consensual sex, and to protect the
public at large from the distribution of such
material," Davis said. "It was never designed to
provide a basis for invading the privacy of the
bedroom."

Davis said having both laws on the books "leads
to unfair, unjust and bizarre results."

Nebraska Solicitor General J. Kirk Brown said
that the child-pornography law was intended to
prohibit the making of such videotapes.

Regardless of whether the teenage girlfriend
consented, the former teacher's decision to
record the acts created "criminally sanctionable
child pornography," Brown said.

The high court is to hear arguments in the case
next week.

http://www.cnn.com/2004/LAW/10/27/sex.video.ap/index.html



                
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