A high school student charged in a sexting case will serve one year of probation.
Police in Manassas said 17-year-old Trey Simms sent nude photos to his girlfriend. The judge’s ruling stipulates the case will be deferred for a year and that Simms will not be placed on a sex offender list, according to NBC Washington.
The teenager must complete 100 hour of community service and have no contact with his girlfriend’s family. Charges could be dropped in one year if Simmons abides by the ruling.
Manassas police issued a statement about the case that got national attention when investigators wanted to take a photo of Simms’ erect penis to use as evidence in their case. While they reversed that decision, police said they were working on a recommendation from the Prince William County Commonwealth’s Attorney’s Office, and added that the department must take all steps nesecary to ensure proper evidence is collected.
Here’s more in Manassas police statement:
In the sexting case that has recently garnered so much attention, the investigating detective with the Manassas City Police Department was instructed by a member of the Commonwealth’s Attorneys’ Office to obtain a search warrant in order to photograph, for evidentiary purposes, the genitalia of the defendant. Upon consultation with the identification expert, the prosecutor subsequently authorized a second search warrant seeking a photograph of the erect penis of the defendant.
While that procedure was being pursued, it was determined during the internal review process that such a search warrant would not be executed, and it was allowed to expire according to law. Many have expressed concern at what they believe to be an extreme measure in this type of case. However, when a criminal defendant, adult or juvenile, decides to exercise his or her right to a trial, it is necessary for the prosecution to explore all legal avenues of evidence collection in order to prepare for trial. While those legal avenues may be explored, they are not always pursued and are sometimes, as in this case, abandoned.
This is particularly appropriate after a balancing of the interests involved, and when further evaluation confirms the sufficiency of the other evidence supporting the guilt of the accused.
