Miller v. Skumanick

Miller v. Skumanick was a 2010 Third Circuit Court of Appeals case regarding the practice of sexting and its legal relationship to child pornography.

The school board gave those photos as to Wyoming County District Attorney George Skumanick, Jr. Skumanick threatened to file charges against those posing in the photographs for production of child pornography, which under Pennsylvania law mandated a seven-year sentence and registration as a sex offender.

He would not file charges if the girls agreed to probation, completed a six to nine month educational program which would require participants to submit an essay explaining why their actions were wrong.

Of the more than twenty families involved almost all agreed to the deal, but the parents of three female students objected and filed for a temporary restraining order in district court to prevent the prosecution from taking place while they seek an injunction.

The appellate court opinion in this matter did not address whether the pictures in question were pornographic in nature, as it instead ruled that there was no evidence that the plaintiffs ever possessed or distributed the photos.