Question: Can my son get in trouble even though he is a minor because a girl he knows (also a minor) sent him a nude picture? He didn’t even want the picture.
Answer: Yes, possibly; it depends on what your son did with the picture once he received it.
From your description, one potential offense would be promoting minor-produced sexual images in the second degree, as outlined in Hawaii Revised Statutes 712-1215.6 (808ne.ws/sextlaw). This law was adopted in 2012 to address sexting by people under age 18.
Among other things, the statute makes it a petty misdemeanor punishable by up to 30 days in jail for a person of any age to knowingly possess a nude photograph or video of a minor transmitted electronically by that minor. It’s an affirmative defense if the recipient — in this case your son — took “reasonable steps” to destroy or eliminate the nude photograph or video. An affirmative defense means the defendant acknowledges the offense but introduces evidence to justify his actions and reduce or eliminate his liability.
However, if your son did not delete the photo and instead shared it with other people, he could face that charge and even more serious felony charges, such as disseminating child pornography, according to the Honolulu Police Department’s website.
HPD advises minors to never take nude or seminude photographs or video of themselves.
More on vandalism
The city’s rationale for replacing vandalized park sinks with porcelain fixtures just like the ones that were destroyed fell flat with readers. In Monday’s Kokua Line (808ne.ws/35kline), Jeanne Ishikawa, deputy director of the Honolulu Department of Parks and Recreation, said the department replaces any “damaged park amenity with the same type of feature” because that is the quickest fix, for several reasons.
Numerous readers urged the city to rethink its approach. Some of the feedback came from plumbing experts, including this representative email from Raymond Michaels, president of Maui Plumbing Inc. and Nu Flow Hawaii:
“I’m writing in response to the question regarding the sinks being destroyed at public park comfort stations, specifically Jeanne Ishikawa’s response of, ‘Using another type of unit will likely require different utility hookups and can have a wait time as we order a different part.’
“Stainless steel wall-mount sinks are readily available, use the same utility hookups (as do all sinks) and are obviously much more vandal resistant. Not to mention that they cost about the same as porcelain sinks when purchased wholesale.
“Quite simply, as a plumbing contractor that is licensed in the state of Hawaii and has spent his career working here, this statement just shows the status quo of state, county and city officials being hesitant to change or simply not caring enough to find a solution to an ongoing problem.”
Other readers credited the department for fixing the sinks quickly but said speed should not override the importance of upgrading to more durable fixtures in vandalized parks, regardless of whether the city has depleted its supply of porcelain replacement parts.
Mahalo
As a Kalihi resident and Farrington High School alumnus, I was delighted to attend the Farrington Performing Arts Center production of the musical “Grease.” The cast of exclusively Farrington and Kalakaua Middle School students showed that there is outstanding artistic talent in this community besides athletics. I applaud director Miguel Cadoy III for helping his students dream big about a future in drama, enrich the community and provide more opportunities for Kalihi youths to excel. — Gary Yoshida
Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
