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Was he expelled though? Only physical violence is an expellable offense? Making porn of a classmate and sharing it doesn't get you expelled? What the fuck?
Would that be CSAM? Seems pretty serious if it was any 13 year old girl period.
If it's not CSAM then it should be
If a child deliberately burns down a house, is it not arson? Crimes are still crimes, even when there is no legally culpable party. Falling trees do make a sound, even when nobody can hear them.
The kid who did needs to be treated as an offender in every way but legally. Mandatory counselling, school-based corrections, suspension, that sort of thing.
My personal opinion - if he had not SHARED it with anyone and it was AI, I would chalk it up to teenage boy messing around, nobody was hurt, right? Sharing it with his friends is different, so different. That is distribution, and hardcore bullying that should get you expelled, if one punch gets her expelled. I don't really have any idea of what the laws say when it's a child doing this with a peer.