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“Of course, she’s under the age of consent, and no matter what it’s not right,” Yang said.“But it’s not fair to put him in the same category as a predator.” Atkins said he is pursuing more information about the issue.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.And having nude pictures of a minor is technically possessing child porn.

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.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.Michigan has adopted similar legislation, and Illinois and California groups are pushing for those laws, too.Benda’s father, James Benda, said teens convicted of these crimes face an uphill battle when looking for jobs and going to college because of the social taboos of sex offenders.

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