Saturday, March 10, 2012

Kell Man Charged With Harmful Material Offense For Sending Lewd Photo Over Cell Phone

Marion County Sheriff's Deputies have arrested a 23-year-old Kell man on a Class Four felony charge of harmful material. Brian Edwards of East Second is accused of sending a pornographic photo of part of his body to a 17-year-old Kell girl and made a suggestive comment in an accompanying text message. The two apparently had become friends earlier on Facebook and police reports indicate Edwards was aware at the time they began talking that the girl was only 17 years old.

Edwards claimed the photo was sent following text messages of a sexual nature that the 17-year-old victim believes may have been sent by a friend. The harmful material charge can be filed against a person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor and knowingly distributes, sends, distributes, or exhibits any harmful material. The charge is a Class A misdemeanor unless the person utilized a computer web camera, cellular telephone, or any other type of device to manufacture the harmful material. In that case, the charge becomes a Class 4 felony.

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