Carrie Prejean has generated a lot of news lately. Recently, the Former Miss California sued Miss California producer K2 Productions for religious discrimination allegedly for firing her after she made public comments opposing same-sex marriage. It is now rumored that Prejean dropped the suit after K2 Productions found a private sex tape, allegedly filmed when she was 17. While the gossip sites are discussing how Prejean's one sex tape is actually eight sextapes, the law blogs are discussing the various legal questions, including whether Mr. Prejean could be prosecuted for child pornography offenses. Prof. Berman has three great posts on the topic. From Mom Logic:
It appears that Carrie Prejean is the latest to fall from the almighty Conservative/Christian throne. With the year this young lady has had, why is she still in front of cameras? Well, she went from Miss California to "In my country, in my family, I think I believe that marriage should be between a man and a woman ..."
As indicated by Professor Douglas A. Berman, Carrie "could be technically subject to the five-year minimum [sentence] under 18 USC 2252(a)(2) for distributing material involving the sexual exploitation of minors," as a result of producing and distributing "child porn."
While authorities and legislators have shown that they are willing to possibly be a little more lenient with sexting (texting nude pictures), as the federal child porn statute currently stands, possession of and transmitting child porn is against the law, regardless of who is responsible.
This sex tape that Carrie Prejean made is comparable to cases that have already resulted in convictions of minors who have produced and manufactured child porn for boyfriends/girlfriends; and those convicted have become registered sex offenders.
In America, sadly, this will probably only help her book sales. There is no doubt that her conduct, if it is as alleged, meets the statutory elements. However, as with the various sexting cases, the story of Prejean illustrates how reliant we have become on prosecutorial discretion in such matters.
It just goes to prove the old adage that she who points her finger has four fingers pointing back at her. Carrie is just another sad soul eaten alive by the venomous dogma she incompetently carries around.
Posted by: Los Angeles Paralegal | December 28, 2009 at 08:23 PM