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United States v. Nash

1 F. Supp. 3d 1240 (2014)

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United States v. Nash

United States District Court for the Northern District of Indiana

1 F. Supp. 3d 1240 (2014)

Facts

John Nash (defendant), a 22-year-old man, was in a consensual sexual relationship with E.L., a 16-year-old female. Nash’s relationship with E.L. was legal in Alabama because the age of consent was 16. E.L. took four lewd images of herself and texted them to Nash. The texting of sexual images is referred to colloquially as sexting. Nash did not request the photos and did not distribute them. The State of Alabama (plaintiff) charged Nash with possession of child pornography. Nash pleaded guilty to the charge but argued that sentencing should consider that his relationship with E.L. was legal, that he did not possess any other child pornography, and that he had voluntarily started intensive counseling to treat his previously untreated attention deficit hyperactivity disorder (ADHD). According to medical research, individuals with untreated ADHD tend to be immature and less well-socialized than neurotypical peers. Nash further argued that he should be exempt from Alabama’s lifetime sex offender registration requirement because he was unlikely to reoffend or to engage in illegal pedophilic sexual conduct with minors.

Rule of Law

Issue

Holding and Reasoning (Bowdre, C.J.)

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