Wisconsin Man Charged With Child Porn After Altering Video of School Song To Look Like Kids Were Listening To Sexual Lyrics

Evan Emory, 21, is the focus of a curious case of pornography in Wisconsin. Emory convinced a first-grade teacher at Ravenna’s Beechnau Elementary School to allow him to come into her class and sing two kid-themed songs. He videotaped the songs and then went home and substituted sexual lyrics to make it look like the kids were listening to provocative songs. He now faces a potential sentence of twenty years for the crime.

The video was posted on YouTube and a parent saw it. The lyrics include the following lines: “I like the way you make your body move. C’mon, girl…See how long it takes to make your panties mine…I’ll add some foreplay in just to make it fun. I want to stick my index finger in your anus.”

While it was promptly removed, Emory was arrested and charged with manufacturing child sexually abusive material. While I find his actions obnoxious and deserving of punishment, I do not see the basis for pornography charges. The children themselves were not engaged in any sexual act or exposed to any sexually explicit material or language. Indeed, they never saw the video. I have not seen the video but I also question whether sexually explicit lyrics would constitute sexually abusive material. There are serious constitutional questions of overbreadth and vagueness as well as potential free speech implications in future cases.

It would seem that a more appropriate charge would be trespass since he gained entry on false pretenses or some variation of fraud.

Emory played the video as part of a “variety show” at downtown Muskegon’s Club Envy.

Source: MLive

39 thoughts on “Wisconsin Man Charged With Child Porn After Altering Video of School Song To Look Like Kids Were Listening To Sexual Lyrics”

  1. No … but try changing a couple nouns or sticking in a nonsensical sentence at the beginning that everyone will ignore … I call ’em jokes 🙂

  2. Hmmmm, my comment doesn’t show up (only 1 link) and I can’t repost because it’s a duplicate comment and the site won’t let me. Anybody else having problems?

  3. Elaine,
    I think you are correct about the schools needing parental permission to film the students. AY, Andrew Breitbart is probably a student of this kid! The part I don’t get is if he did put the comment in the beginning that kids were not subjected to the language, how can this prosecutor prove his case? Maybe Nal and OS are correct that the prosecutor is enhancing the charges to make some political hay.

  4. From MLive
    Police investigating disturbing video of Evan Emory apparently singing a sexual song to Beechnau Elementary students
    http://www.mlive.com/news/muskegon/index.ssf/2011/02/police_investigating_disturbin.html

    Excerpt:
    School Superintendent John VanLoon said Emory visited the first-grade class seen on the video at the elementary school on Jan. 12. Emory had come in contact with the school because he was an acquaintance of that class’s teacher, VanLoon said.

    The lyrics in the video are not what he sang to the students, VanLoon said. Emory actual performed the song “‘Lunch Lady Land’ under the direct supervision of the teacher,” VanLoon said in a letter he sent out to all parents.

    “I’m outraged that he’s taken a video and edited it to make it appear that he did those actions and said those things in front of students, which he did not. It’s absolutely ridiculous,” VanLoon said. “We are currently working with law enforcement on this issue.”

    Emory, 5735 E. Summit, had “informed the teacher that he wanted to video himself singing to the class as a portion of his portfolio to help him gain admission to a Big Ten School of Education,” VanLoon said in the letter.

    Emory, who indicates on his Facebook page that he goes to Muskegon Community College, could not be reached for comment. VanLoon said Emory graduated from Ravenna Public Schools.

    At the beginning of the video, Emory is seen standing at a blackboard writing, “Disclaimer: No children were exposed to the “Graphic Content” of this video.”

    Some of the sexual lyrics in the song include:

    “I like the way you make your body move. C’mon, girl…See how long it takes to make your panties mine…I’ll add some foreplay in just to make it fun. I want to stick my index finger in your anus.”

    The camera in the posted video scans the audience of smiling children and every child’s face is recognizable.

    *****

    AY,

    Maybe Andy Not-So-Brightbart will give Emory a scholarship to the Breitbart Academy of How to Deceptively Edit Videotapes for Fun and Political Profit.

  5. Elaine, nal, OS, Blouise….

    You all make great points….the question I have is…. Will Brietbart hire him? He has a living cut out for him…… It appears that he taped one thing and dubbed another….

    Hey what ever happened to the Louisiana’s Prosecutors Son…

  6. I think Nal and Otteray Scribe each make some very good points concerning the prosecutor.

    On the other hand … although the teacher and the kids had no idea at the time of the taping … they were being exploited and there was an aspect of fraud involved in that exploitation.

  7. They do say that people’s brains don’t fully develop until their mid twenties.

    The cost of treating this stupid kid this way will be really high. Even if they don’t imprison him and he is just on parole or is required to register as a sex offender the chance that that will snow ball into later jail is probably 90% and all his life it will be a burden for him.

    I saw on Fed-Cure a prisoners’ mother saying that she knows that viewing child porn is a crime but one thing that is really strange is that written descriptions of sex with kids and spanking fantasies have circulated for centuries and were not prosecuted as crimes.

    Has anyone ever tried just publishing infomercials to kids telling them to call 911 if someone touches their private parts? If kids shows did, that I bet a lot of would be offenders might decide not to act on their fantasies.

    During the depression, a lot of kids were out on the street a lot of time alone. Their parents didn’t have cars and they walked where ever they went. Many kids sold items door to door. They had a lot of opportunity to interact with adults outside the home. My father said that when he was 5 years old, other kids he knew told him watch out for so and so and he avoided that house.

    There must be someway to use kids’ natural competence to protect them while minimizing imprisonment of potential sex offenders. Even if some kids don’t tell on sex offenders, the fact that some will tell is a way to deter potential perverts. Then, for the ones that are caught, the punishment should only be the minimum needed to prevent danger to society. For this kid, a lecture and community service would probably be enough.

  8. They do say that people’s brains don’t fully develop until their mid twenties.

    The cost of treating this stupid kid this way will be really high. Even if they don’t imprison him and he is just on parole or is required to register as a sex offender the chance that that will snow ball into later jail is probably 90% and all his life it will be a burden for him.

    I saw on Fed-Cure a prisoners’ mother saying that she knows that viewing child porn is a crime but one thing that is really strange is that written descriptions of sex with kids and spanking fantasies have circulated for centuries and were not prosecuted as crimes.

    Has anyone ever tried just publishing infomercials to kids telling them to call 911 if someone touches their private parts? If they did that I bet a lot of would be offenders might decide not to act on their fantasies.

    During the depression, a lot of kids were out on the street a lot of time alone. Their parents didn’t have cars and they walked where ever they sent. Many kids sold items door to door. They had a lot of opportunity to interact with adults outside the home. My father said that when he was 5 years old, other kids he knew told him watch out for so and so and he avoided that house.

    There must be somehow to use kids’ natural competence to protect them while minimizing imprisonment. Even if some kids don’t tell, the fact that some will tell is a way to deter potential perverts. Then for the ones that are caught the punishment should only be the minimum needed to prevent danger to society. For this kid a lecture and community service would probably be enough.

  9. kay sieverding: “It should be against the law to take a kid’s photo without the parents’ permission”

    Why? If the kids aren’t named who cares. if I shoot a family vid at Disney land that includes other children in the background I should have to get those kids permission if I post the vid on my family youtube channel? I see that as absurd as the parental reaction and hyped charges being laid on this guy.

  10. Also from MLive.com

    Evan Emory supporters, parents of ‘victimized’ children in YouTube video speak about controversial case outside courtroom
    http://www.mlive.com/news/muskegon/index.ssf/2011/02/ready_to_edit_evan_emory_suppo.html

    Excerpt:
    MUSKEGON COUNTY — When Allison Cox saw an image of her 6-year-old daughter’s face in a YouTube video Tuesday that showed a man who appeared to be singing sexual, provocative lyrics in her child’s classroom, she was “mortified.”

    “I was very upset that my child’s innocence was exploited on TV and made fun of,” Cox said, waiting outside a Muskegon County 60th District Court room for the arraignment of Evan Daniel Emory.

    Emory, 21, of Fruitport, was arrested Tuesday on a 20-year felony for allegedly manufacturing child sexually abusive material when he posted a YouTube video of himself singing in front of a first-grade class at Ravenna’s Beechnau Elementary School.

    Emory used clever editing in the video to make it appear he’s singing a provocative song about having sex and doing sexual things while the camera pans the audience of children, smiling and giggling. The faces of the children are clearly visible, and several Ravenna Public Schools parents were able to identify their son or daughter, police say.

    Cox said that when she saw her daughter’s face, which appeared in the very beginning of the video, she was nearly ill.

    “I left work,” she said, adding that she went to the school and spoke to school officials about the incident.

    School officials said Emory actually sang two funny, kid-themed songs to the class, not the raunchy tune he sings for the YouTube post.

    Still, Muskegon County Prosecutor Tony Tague said the felony charge was justifiable because the video was “disturbing” and clearly “victimized” the youngsters in the classroom.

    Cox said she and other parents believe Emory deserves what he gets.

    *****

    I think the school system may also be in really hot water if the school/teacher didn’t get parents’ permission for their children to be videotaped in class. I think it’s one thing to allow someone into a classroom to sing songs to young children–another thing to videotape the performance and the children. Who took the videotape? Didn’t the teacher or school ask Emory what he planned to do with the videotape? What about the children’s privacy rights?

  11. I wonder what the school system’s policy on the videotaping of children at school is. I was under the impression that someone would have to get parents’ permission to videotape their children if the videotape was going to be posted online or shown to an audience outside of school.

  12. We had a former prosecutor here that was infamous for grossly overcharging defendants. Like the drag racing death that got a charge of premeditated murder, or the nine year old retarded boy charged with “rape.” The kid had no idea about sex and did not understand the charge, since he had no knowledge of the sex act (all he had done was ask a girl if he could see her “wee-wee” because he did not understand why she did not have a “dingus” like his). And the list goes on. That particular prosecutor was returned to a private law practice by the voters. Hopefully, that is what will happen in this case. But, since sex charges get the outrage meter going amongst the ill-informed public, I am not holding my breath.

  13. The prosecutor is using the outrageous charges to hype the story. He gets a lot of free publicity. I’m betting he’ll either lower the charges later, after the hoopla has died down, or use the outrageous charges hoping to compel a guilty plea to a lesser offense.

  14. If you’re this anal, check yourself in in a mental hospital.
    I think there’s ample precedent… it’s called MTV.

    It’s friday so I’ll let the plaintiff keep his kids, but I’d put them under surveillance because clearly we have plenty of loose screws here.

  15. How they consider this child porn is beyond me. just another case of humourless zero tolerance fanaticism as far as I’m concerned. Where’s the harm? The kids didn’t even see the mash up.

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