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Samuel Benda, now 21, was charged in with possession of child pornography for having a nude photo of his year-old high school girlfriend on his cellphone, taken on the night of their prom. The charge was dismissed in July after he successfully completed two years of probation. Such a legal arrangement is called a stay of adjudication. 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. 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. It was her idea to take the photo, she said. What seems like a high school romance can lead to a felony conviction and having to register as a sexual offender. Louis Park who has defended teens accused of sex crimes.
In Minnesota, adults and juveniles convicted of felony criminal sexual conduct or child-pornography possession must register as a sex offender for 10 years. Those who register must tell authorities where they live, work and go to school and what vehicle they drive.
Some parents and attorneys say the consequences should be less severe for a young adult who has a consensual sexual relationship with a minor. Other states have changed their laws to differentiate consensual sex from predatory crimes. Michigan has adopted similar legislation, and Illinois and California groups are pushing for those laws, too. Weeks after George Knowlton started his senior year last fall at Simley High School in Inver Grove Heights, the year-old athlete and honor-roll student was charged with felony third-degree criminal sexual conduct for having consensual sex with his year-old girlfriend.
The relationship started months earlier when he was The girl told police she and Knowlton had sex up to 10 times during the summer, according to a Dakota County criminal complaint.
The girl also said she specifically recalled having sex with Knowlton on July 20 — three days after his 18th birthday. Knowlton pleaded guilty to the charge in March, but the conviction will be wiped from his record if he successfully completes five years of probation.
Knowlton was required to undergo treatment for sex offenders. He was banned from Simley and from having contact with girls younger than age He was ordered to 30 hours of community work service and three days in jail. Tsistas Yang went to high school with Knowlton. County attorneys say they consider several factors before prosecuting these cases.
The criminal sexual conduct law was last amended in The child-pornography law was changed in Nowadays, sexually explicit pictures texted by kids can be considered child pornography, Choi said. Changing the laws to allow some teens and young adults to forgo registration as sex offenders is something the Legislature should consider, he said.
Depending on the age of those involved, the acts can be illegal. In most cases, parents blow the whistle on these types of relationships by calling police, which can lead to charges and lawsuits against the alleged perpetrator. Villaume specializes in lawsuits involving minors who have been victimized by sexting and sex acts. The suits typically are against schools and employers where the crimes have occurred and have sometimes turned into cyber-bullying and harassment, he said.
These days, more teens and their families are coming forward wanting to pursue such lawsuits, Villaume said. Nowadays, many schools have presentations about sexting and cyber-bullying. Schools also have adopted student policies to prevent sexting and cyber-bullying. Dakota County Attorney James Backstrom said he visits schools regularly to teach kids about the laws. Ramsey County Attorney Choi also speaks at schools.
Jenna Strole, 17, who will be a 12th-grader at Lakeville South High School in the fall, remembers a lecture about the topic in middle school. Kids know about the laws, she said. Korina Nitti, 41, of Rosemount said teenagers know right from wrong. But these days, kids get into trouble at a younger age, she said.
Nitti lets her sons, ages 12 and 11, have Facebook pages and cellphones. But she closely monitors them. Samuel Benda said he feels ashamed of his conviction. Today, when he sees kids he knew from high school, they ignore him. He hates leaving his house. Unlike the music college he initially applied to, Inver Hills accepted Benda — even with the conviction on his record. A jury in January convicted Benda of the child-porn charge and acquitted him of three counts of third-degree criminal sexual conduct — which came about because of another sexual relationship.
But Benda, whose birth date was in question because he was born in Sierra Leone, argued that he was younger. At trial, his attorney, Lauri Traub, presented an authenticated Sierra Leone birth certificate, stating Benda was born in , meaning he would have been 17 years old at the time of the alleged crimes.
When juveniles face child-porn possession and criminal sexual conduct charges, the punishments are usually less severe than those for adults, said Dakota County Attorney Backstrom. Unlike adult sentences, juvenile punishments are at the discretion of the court and could include detention, out-of-home placement, counseling or community service.
But as an adult, the charges could lead to years of probation, a jail sentence and possibly prison. Sentences would likely be more severe if the convicted person has a criminal record. Benda plans to argue that he was a juvenile when the picture was taken, which could mean a lesser sentence.
Maricella Miranda can be reached at Follow her at twitter. It is third-degree criminal sexual conduct to have sex with anyone younger than 13 if the offender is no more than three years older. The same charge applies if the minor is 13 to 16 years old and the offender is more than two years older. By Maricella Miranda Pioneer Press. June 16, at November 10, at 1: Benda pleaded guilty to the charge in November The June story is below. The photo is a reflection of her and Benda, his hands covering her body.
Paul Como neighborhood group and school are in the middle of a dispute over balancing a needed school expansion with preserving a piece of history.
The Save Historic St. Andrew's neighborhood coalition was formed in April after Como residents learned the Twin Cities German Immersion School was considering demolishing the adjacent St. Andrew's church, at Como Ave. Environmental groups filed two more lawsuits Monday challenging the Interior Department's decision to reinstate the federal mineral rights leases for the proposed Twin Metals copper-nickel mine in northeastern Minnesota.
It's pricey to be poor. Tracy Fischman, executive director of the St. Many employers won't hire an applicant with a troubled financial history.
Even home and auto insurance in The city of St. Paul will close Water Street at 6 p. Monday due to rising water levels along the Mississippi River.
Water Street will be closed to vehicle traffic between Minnesota 13 and Plato Boulevard until further notice. In a written statement, St.
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