The pictures were found in Stelmack’s briefcase in a closet in his office in 2007. He was then the principal for the Scott Lake Elementary School and under investigation for possible inappropriate hugging of fifth-grade girls, according to the Lakeland Ledger.
The case was remanded for a directed verdict of acquittal.
I find it interesting that he was not given the opportunity to remain out of jail during his appeal given the clearly novel and controversial nature of the conviction. It is hard to see how this would fit into a definition of child pornography that would pass muster under either the state statute or the Constitution. While this case focused on the state statute, federal courts have dealt with analogous issues. In 2002, the Supreme Court of the United States ruled in Ashcroft v. Free Speech Coalition, Congress could not criminalize virtual pornography because it constitutes “speech that records no crime and creates no victims by its production. Virtual child pornography is not ‘intrinsically related’ to the sexual abuse of children.”
Of course, this is a very sick man and he deserved to be removed from his position. However, it does not meet the definition of child pornography and the Court resisted considerable public animus in finding in his favor.
Jonathan Turley