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Kids won't face charges for nude pix

DA says cell-phone photos broke no laws; school has taken action

Published March 16, 2007 at midnight

CENTENNIAL - Prosecutors will not pursue criminal charges against Castle Rock Middle School students who took nude photos of themselves and each other using cell phones and distributed the images - some online - to their classmates this month.

"For one juvenile to take a picture of another juvenile is not a crime," 18th Judicial District Attorney Carol Chambers said Thursday, explaining her decision.

Chambers said that even if the pictures were posted on the Internet, in most cases it would be illegal only if there was intent to use the images for child pornography, which was not the case in this instance.

The school, however, has taken "appropriate action" against the students, said Douglas County School District spokeswoman Whei Wong. Wong said she could not elaborate because of student privacy laws.

Castle Rock police said last week that four female and two male students used their cell phones to take nude and partially clothed photos of themselves. The students, who are 13 and 14, then sent the photos to classmates on their cell phones.

School officials found out about the photos after a student alerted a counselor.

Police seized one home computer after learning one image was e-mailed to a student in California. Eighteen cell phones also were confiscated at the school, Chambers said during a press conference.

"Parents need to know that if they (children) have a camera phone, this can happen," she said.

Chambers said the matter would have been different if the photos had been taken without the students' knowledge.

"If someone takes a picture of a juvenile or anyone else without that person knowing, that is a crime and we need to know about that," Chambers said. "So, surreptitious pictures in the locker room, that kind of thing, that is illegal, even for juveniles."

Chambers' warning to parents about the trouble cell phones can pose came as Castle Rock police concluded an investigation of a similar incident at Castle View High School. That case, reported to school officials Wednesday, had been resolved by Thursday afternoon, Wong said.

Although Wong said she could not give details about the incident, Chambers said she was told the image was taken without consent.

Wong said the district is now re-evaluating its policy on student cell-phone use.

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