Why is this a surprise to anyone?
The sex crime laws were not framed to deal with teenage indiscretion. These laws were never intended to be used in this way and the law makers that framed them never intended for them to be used in this manner.
When adults do horrible things to children, these laws are the right solution, arrest the creeps, try them with a jury, throw them in jail and tattoo a label of 'sex offender' to their life from that point forwards.That's the point of going after the predators who hurt kids in ways that will never leave them as long as they live.
On the other hand, kids do stupid things. So, why the hell are these fools in the prosecution service in Penn treating the KIDS themselves as if they were adults? Good grief. Now, if the girls pictures were being taken by the boys and the boys were sending those images out to others, then I could see that there's a crime going on and perhaps the laws could be applied, although perhaps in a more more lenient manner. After all, what point is there in damaging kids in a way that will never leave them as long as they live (branding someone as a sex offender is a life sentence in most western nations, it's certainly a curse that cannot be lifted). Oh, wait that sounds as though the act of prosecuting kids doing dumb things could cause harm just as lasting as what the sick ba$stard$ who really abuse kids cause. Hmmmm....who'd have thunk it?
One thing about this Pennsylvanian case that might make things far, far more difficult is that the boys are 16 and 17 and the girls are 14 and 15. You have to remember that the definition for statutory rape (a sex crime) is all about the age of one or other of the participants. If both are minors then it's just kids messing around - naughty things, ground them for a month and make them go to church! But, if only one of the partners is a minor, then it automatically become statutory rape. For example if a high school couple are having sex and the boy happens to be a couple of months older than the girl. When he hit's his 16th birthday and she's still 15, for all of two months, if they have sex during that time, he could quite easily be tried as an adult charged with statutory rape, and it wouldn't matter how consensual it was. When found guilty he'd be branded as a sex offender simply because he was having sex with his high school sweet heart. When two people are adults (as defined by law) it doesn't matter if there is a 50 year age gap or a 1 day age gap, there is no issue. Sadly the law can be equally black and white when one of the partners is under age, even when the gap is as short as a day.
Why do I mention this? The boys were all 16 and older and the girls were all under 16 which means that under the law the girls were most certainly minors and the boys were no longer considered minors, despite not yet being considered adults either. But I think we all know that this situation is not one that should result in a prosecution under the sex crime laws intended for adults preying on children. At worst this is a case of indecent exposure. It's the electronic equivalent of streaking. Would anyone consider that a streaker should be labeled as a sex offender?
But, because the boys are 16+ and the girls are all under 16 a crime has been committed and someone has to pay! Or at least that is the attitude of prosecutors. I can only hope that the judge who gets this case has or has had teenage kids who did dumb things. Allowing the judge to have the common sense to ignore the prosecution and handle the entire matter for what it is, stupid teenagers trying to behave like adults and doing naughty things. "Slap on the wrists all round and no cellphone access (by court order) until you're all 18. Now get out of my court before I ground you all for 6 months. Heaven help you when your parents are through with you!"
Personally I think that the parents and kids involved should get together and realize that kids do dumb things (as the parents no doubt did in their own teenage days). Then they should go find a really good lawyer and sue the living crap out of the prosecutor for the abuse and victimization of the kids in this case. The consequences of guilty verdicts would cause damage to their future lives as lasting as anything an abuser could do. No the damage isn't the same, but the effects last just as long.
Law makers need to go back to their sex crime laws and add some amendments to cope with the behavior of foolish teenagers as well as the impact of devices such as cellphones with video and still image capabilities. Until they do, over zealous prosecutors will indulge in this kind of wasteful non-sense.