Lunch lady’s underage sexting case goes all the way to the Minnesota Supreme Court

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Krista Muccio, a former Inver Grove Heights lunch lady, argued that barring her from sending naked photos to kids violated her First Amendment rights. Noa agravante

Krista Muccio, a former Inver Grove Heights lunch lady, was 41 years old when she was charged with sending nude pictures to a 15-year-old boy back in 2014.

A police investigation found that Muccio – Instagram handle Spartanmom8300 — sent the boy a photo of a woman in a bikini, followed by three others she claimed were of her: a close up of a woman’s genitals, breasts, and backside wearing a thong.

Muccio asked for some reciprocity, according to the criminal complaint, so the boy sent her a dick pic.

The boy’s father later found the photos in his iPad’s “recently deleted” folder. Police discovered that Muccio had an entire sexting conversation with the boy about giving him a blowjob and having anal sex.

Muccio was charged in the spring of 2015 with possession of child pornography and communication with a child describing sexual conduct, both felonies.

But the story didn’t end there.

Muccio fought back, arguing that Minnesota’s law prohibiting sexting underage kids violated her First Amendment rights. The law was overly broad, she claimed, because its phrase “engaging in communication with a child” could describe general mass communication, including web ads and public social media posts, that a child just happens to see.

A Dakota County district court agreed with her, ruling that the charges should be dismissed. When prosecutors appealed that decision, the appeals court agreed with her also.

Finally, the Minnesota Supreme Court heard the case and reversed both lower courts on March 8.

Chief Justice Lorie Skjerven Gildea wrote that state law requires that sexually explicit communication needs to be directed at a specific child for it to be criminal and not protected by free speech.

So, no, adults cannot legally exchange dick pics with children, and the state of Minnesota does have the right to prosecute those who try.

 


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