As reported in the Dallas Morning News, a Dallas parent is challenging a Texas Law that protects parents from criminal prosecution when they provide pornography to their children. She alleges that her ex-husband showed their children pornographic images depicting a threesome.
According to the Morning News report, the Dallas-area woman said her three grade-school-age daughters were living with their father earlier this year when he started drinking, woke two of them late at night and showed them porn on his computer. They later told a counselor, who alerted authorities.
If true, while this may be a crime if it was a non-parent, the father would be protected from prosecution under Texas Law. The Randall Country District Attorney declined to prosecute the father stating that his hands were tied under the law that is currently in place.
“Texas law currently prohibits people from providing children “harmful material” if it “appeals to the prurient interest” and is “utterly without redeeming social value for minors.” The law however includes a defense to prosecution for parents and guardians.”
Should the government enter our homes and tell us what we can and can not show our children even it it would be criminal outside the parent-child relationship? Is there a compelling government interest to regulate this type of activity? Does it become any less harmful because its done in the home? The slope becomes slippery.
What about sex education? Should the government be interfering with the educational values practiced within the home and telling parents what materials they can and can not use for sexual education. What if the parents were using child pornography to teach their children? That would not be protected.
From a Constitutional standpoint it will be very difficult to draft a statute that enters the home and does run afoul of the 14th Amendment. This Amendment has routinely been cited to strike to down government attempts to regulate activity child-rearing activities within the home which might otherwise be criminal.
While emotions run high on these issue I do not think it is possible to craft a statute that will criminalize a parent showing what some may consider pornographic images to his/her child and also pass constitutional muster without coming up with an objective standard. IMHO “a legitimate educational purpose” a standard proposed by some is too subjective and will fail constitutional scrutiny.
What do you think? Is it ok to be a “Porno-Parent”?
