(Reuters) - Virginia authorities on Thursday said they will not serve a search warrant for evidence in a juvenile sexting case, which the 17-year-old defendant’s lawyer said included demands for a picture of the teen’s erect penis.
The warrant was part of a felony case against the unnamed teen, who Manassas City Police said sent a pornographic video to a 15-year-old female despite repeated requests by the girl’s parent for him to stop. The boy was charged with possessing and manufacturing child pornography.
The teen’s attorney, Jessica Foster, said the warrant would have allowed police to take the teen to a hospital and force an erection, then compare the pictures with existing evidence. Foster added that the teen was the girl’s boyfriend at the time.
Prosecutors and police declined to provide further details on the case on Thursday, citing the age of the parties and the ongoing nature of the investigation.
“It is not the policy of the Manassas City Police or the Commonwealth Attorney’s Office to authorize invasive search procedures of suspects in cases of this nature and no such procedures have been conducted in this case,” the department said in a statement on its website.
Charges were initially brought against the boy in January, but the Prince William County Commonwealth Attorney dropped the case in June and brought a new one, police said.
A court date is set on the matter for July 15.
“We are still actively fighting the execution of the search warrant. The police are not denying the existence of the warrant; therefore, while it remains outstanding, my client is in jeopardy,” Foster said in a statement.
Additional reporting by Gary Robertson in Virginia; Editing by Eric Walsh