Lawyer: Child Porn, Sex Statutes Conflict

LINCOLN, Neb. - The lawyer for a man convicted for videotaping consensual sex with his 17-year-old girlfriend argues that the former high school teacher should not have been prosecuted under a child pornography law.

Todd Senters, 31, was convicted last year for manufacturing child pornography after his roommate found the tape in their apartment and turned it in to authorities. Senters was put on probation and required to register as a sex offender.

In briefs filed with the Nebraska Supreme Court seeking to overturn the conviction, Senters' lawyer James Martin Davis noted that state law allows people age 16 or older to have consensual sex.

He wrote that state lawmakers did not intend the child-pornography law - which makes it a crime to tape sex acts involving minors under age 18 - to be used in such cases.

"This law is intended to protect those children who were not yet old enough to form a rational basis for consensual sex, and to protect the public at large from the distribution of such material," Davis said. "It was never designed to provide a basis for invading the privacy of the bedroom."

Nice roommate. Details here from the AP via the Tallahassee Democrat.