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As my record indicates, I am certainly not soft on crime and I am not suggesting that Zachary be spared any consequence of his actions.
That said, I do believe this may be more of an incident of adolescent immaturity and poor judgment than of inherently deviant behavior and thus may not warrant being placed on the sex offender registry. First, that this case prompts the Virginia legislature to review the laws that enable draconian persecutions like the one against Zachary.
The two 13-year-olds started skyping Zachary together.
Eventually Zachary and the dragon-lover struck up a online friendship, which developed into a online romance.
Ignorance does not excuse this conduct, but it does help to explain why he did this, and to the degree that ignorance was an underlying cause of his crime, this problem can be easily fixed with education.
"I know I'd never do it again because I don't want to go back to jail again in my life," Zachary told Nelson during his psychological evaluation.The counselor reported this to her mother, the police, or both (this part is unclear), leading the cops to execute a search warrant of Zachary's electronic devices where they found the five photos and the chat logs.Until that day, Zachary had never been suspected of, or charged with, any criminal activity other than one count of distracted driving, which he paid off with 15 hours of shelving library books.He's a teen who did something stupid—that he quite plausibly didn't understand was illegal.And yet the state of Virginia, and in particular prosecutor Ryan Frank, has chosen to pretend that the only way to keep Zachary from feverishly preying on young flesh is to destroy his life.
Zachary, now 19, is in jail awaiting sentencing for five pictures his teenage girlfriend sent him of herself in her underwear.