Legal Question in Sexual Harassment in Arkansas

Child Pornography

Pictures were taken person A. These pictures were sexually explicit in nature. Person A is a minor. Person A admired and thought of the professional photographer B as a parental figure type. Person A didn't know how to say stop. Police were involved but said since the pictures contained no pubic hair or nipple, it did not classify as child pornography. I want to know if there is anything that person A or the parents of person A can do either criminally or civily. I don't think that the law was portrated correctly in saying that the pictures didn't classify as child porn. If we can't get this photographer on child porn, how about sexual harassment? The photographer brushed up against her breasts repeatedly when moving or opening the jacket that person A was wearing. Is there anything we can do legally? If not, do you know about going after this photographer professionally, as in reporting him to agencies and if so, which ones?


Asked on 12/21/03, 1:23 am

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: Child Pornography

The police or District Attorney's office would be the ones to decide whether you can do anything about a criminal action. The definition that you gave from the police is not the legal definition of pornography. The legal definition is a complicated legalistic determination of community standards, artistic value, appealing to prurient interests, and other issues. The District Attorney may have made the decision regarding charges from this definition and the police may have just used those words to describe it to you.

You may have a civil case against the photographer. I would suggest you contact an attorney. There are a lot of questions that would need to be answered and an attorney would need to look at all the facts and details, including the police report, the pictures, whether a parent was there or gave consent, whether there was actual child pornography involved, etc. I would be glad to discuss this further with you if you would like to contact me.

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Answered on 12/21/03, 2:39 pm


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