The video may be in bad taste and it isn't cool to use these kid's images without their parents consent... but treating this like child porn with a maximum sentence of 20 years is bat shit insane.
From The Daily What: 21-year-old Michigan musician Evan Emory has been charged with “manufacturing child sexual abusive material” — a crime that carries a maximum penalty of 20 years behind bars — for editing a YouTube video. The charge stems from a song Emory performed for an elementary school class that was initially kid-friendly, but was later re-cut using footage filmed inside an empty classroom to appear explicit.
Considering none of the kids were actually exposed to the dirty ditty, Emory will most likely be let off with a warning. However, the fact remains that Emory was charged with a felony sex offense for what is, at worst, a very bad idea, but certainly not one that should yield such a hefty criminal charge. An attorney who spoke with 24 Hour News 8 brought up the good point that the charges brought against Emory might not only be outlandish, but may have in fact violated his first amendment rights.
Emory was released yesterday on a $5000 bond. The incident remains under investigation at this time; a preliminary examination date has been set for March 2.
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