A ruling by a federal appeals court in Philadelphia may set a precedent for a so-called "sexting" cases in Pennsylvania and beyond.
Authorities believed teens from Tunkhannock Area schools were sending sexually explicit photos on their cell phones.
A judge ruled that a teenaged girl from Wyoming County cannot be prosecuted. For the ACLU and the teens involved, it was a victory that creates precedent not only in Pennsylvania but also in Delaware and New Jersey.
"The fight was definitely worth it," said MaryJo Miller of Tunkhannock.
"I'm happy and relieved that it's finally really over," said Marissa Miller of Tunkhannock.
It's been a long fight for MaryJo Miller and her daughter, Marissa. Marissa was caught up in a so-called sexting scandal at Tunkhannock Area High School in 2008. Several students in the district were caught sending racy pictures on their cell phones.
Then Wyoming County District Attorney George Skumanick gave the students a choice to take a special class or face child pornography charges. Most students took the class but the Millers and two other families contacted the ACLU and filed a federal lawsuit.
"I didn't do anything wrong," said Miller. "I was 12 years old at a slumber party. School ended we were having fun taking pictures."
Last year the district attorney's office decided not to pursue charges against Marissa and her friend who were pictured in their bra and panties.
Now a federal appeals court has ruled that prosecutors in Wyoming County may not charge the third teenage girl who was seen partially naked.
The new Wyoming County district attorney plans to comply.
"I don't intend to prosecute the remaining juvenile," said Jeff Mitchell. "I don't feel this case warrants felony charges. I don't think Pennsylvania's child pornography statute was meant to address a situation like this."
"I stood up for what was right so now I feel like I accomplished something I really wanted," said Marissa.
The former Wyoming County district attorney George Skumanick called the appeals court ruling a dangerous precedent.
An attorney for the ACLU praised the ruling and said prosecutors need to realize there are constitutional limits on their authority to prosecute kids for sexting.
Authorities believed teens from Tunkhannock Area schools were sending sexually explicit photos on their cell phones.
A judge ruled that a teenaged girl from Wyoming County cannot be prosecuted. For the ACLU and the teens involved, it was a victory that creates precedent not only in Pennsylvania but also in Delaware and New Jersey.
"The fight was definitely worth it," said MaryJo Miller of Tunkhannock.
"I'm happy and relieved that it's finally really over," said Marissa Miller of Tunkhannock.
It's been a long fight for MaryJo Miller and her daughter, Marissa. Marissa was caught up in a so-called sexting scandal at Tunkhannock Area High School in 2008. Several students in the district were caught sending racy pictures on their cell phones.
Then Wyoming County District Attorney George Skumanick gave the students a choice to take a special class or face child pornography charges. Most students took the class but the Millers and two other families contacted the ACLU and filed a federal lawsuit.
"I didn't do anything wrong," said Miller. "I was 12 years old at a slumber party. School ended we were having fun taking pictures."
Last year the district attorney's office decided not to pursue charges against Marissa and her friend who were pictured in their bra and panties.
Now a federal appeals court has ruled that prosecutors in Wyoming County may not charge the third teenage girl who was seen partially naked.
The new Wyoming County district attorney plans to comply.
"I don't intend to prosecute the remaining juvenile," said Jeff Mitchell. "I don't feel this case warrants felony charges. I don't think Pennsylvania's child pornography statute was meant to address a situation like this."
"I stood up for what was right so now I feel like I accomplished something I really wanted," said Marissa.
The former Wyoming County district attorney George Skumanick called the appeals court ruling a dangerous precedent.
An attorney for the ACLU praised the ruling and said prosecutors need to realize there are constitutional limits on their authority to prosecute kids for sexting.
