Donna Dull ran some errands one day. Part of her list of things to do was to drop off pictures of her grandchild at the local Walmart to have them developed. Unfortunately for Ms. Dull, she didn't use a digital camera.
Unfortunately for York County Pennsylvania Police, they are being sued.
I am posting this here because there is a gray area of what is child pornography and what is cutesy (however embarrassing) pictures of a baby or toddler. What does one consider a 'gray area'?
Spring Grove grandmother sues police
Donna Dull said she was shocked.
A man was shouting at her, "Drop your sandwich, get out of the car. Drop your sandwich, get out of the car."
"I think I said, 'What?'" Dull said, according to court documents.
Dull, then a 59-year-old Spring Grove grandmother, was arrested on child pornography charges on March 14, 2005, in the parking lot of the West Manchester Mall.
A Wal-Mart employee had contacted police about pictures Dull had dropped off for development. The photos were of Dull's young granddaughter at bath time.
The child abuse charges were later dropped at the direction of York County District Attorney Stan Rebert, who told the court at the time he did not think the requisite "intent" to distribute child pornography was present in the case.
In court documents, Dull had maintained the pictures she took were innocent photographs intended only for the family album.
"It was a shame that it happened," Dull's attorney, John Yaninek, said.
Yaninek said Dull was "unfortunately" caught up in the public battle against child pornography.
"That wasn't the case with Donna and thankfully that part of it is over," Yaninek said.
In 2007, Dull filed a federal civil lawsuit claiming West Manchester Township Police and York City Police had violated her constitutional rights. Specifically, Dull claimed officers used excessive force and violence when they arrested her.
Rest of the story here http://ydr.inyork.com/ci_12279968
Another follow up articleGrandmother was caught in 'gray area' of child porn law
Christopher Moore, a special prosecutor in the York County District Attorney's Office, is after "perverts, not parents."
Moore was commenting on the "gray area" between the typical family picture of the 2-year-old getting a bath in the kitchen sink and a picture a pedophile may enjoy.
It can be the same picture, Moore said.
But, Moore added, that is not a reason for parents and grandparents to avoid taking those pictures.
"They're keepsakes," he said. "They remind us of the way they were when they were young before they became a pain in the ass.
"It's not what the (child protection) law was designed for. Your rights are not restricted in any form by the law."
The vagueness of that "gray area" became apparent in May 2005 when police handcuffed a Spring Grove grandmother in a West Manchester Township parking lot on suspicion of child pornography.
Donna Dull, then 59, had dropped off a roll of 35 mm film at Wal-Mart for development. Among the photos, when they were printed, were some of Dull's naked 3-year-old grandaughter in a number of poses.
A Wal-Mart employee contacted West Manchester Township Police and turned the photos over to them. Officers arrested Dull after she returned to the store to pick up her pictures.
Rest of article here http://ydr.inyork.com/ci_12279963