A Burnsville, Minn., woman is facing felony charges after investigators claim she posted a sex tape she found on her boyfriend's cell phone in an attempt to get revenge.
According to criminal complaints filled in Dakota County, Kayla Jo Henry-Heagle, 21, found video of her boyfriend and his younger brother having oral sex with a couple of 17-year-old girls. Investigators say their oldest brother, 28-year-old Antonio Trice, was behind the camera in a Burnsville hotel room last June.
"I suspect, once this is reviewed further, there may be additional charges against the person who did the filming," said John Kingrey, executive director of the Minnesota County Attorneys Association.
Trice, apparently also known as "Snake," has a criminal history including theft and traffic charges, but nothing sexual. Now, he's facing a felony charge of using a minor in pornographic work.
Henry-Heagle has only a petty misdemeanor for drug paraphernalia on her record; however, prosecutors slapped her with two felonies for dissemination and possession of pornographic work involving minors. Henry-Heagle told investigators she uploaded to sex video from her boyfriend's phone onto a social media site because she was angry.
"With the new technology, there is no time to cool off," says Kingrey.
Kingrey is not involved in this Dakota County case, but he says the combination of sex crimes and social media use continues to explode in courtrooms across the state. Still, he says they can be a challenge to prosecute.
"We've addressed the issue of trying to define pornography, trying to define sexting at the Legislature --and we can't get a group of people to agree on a definition. Maybe we will this session," he said.
Kingrey believes it's enough of a problem that the list of possible charges prosecutors can pick from aren't adequate anymore, and he says it's time for a separate statue.
"I think it has presented challenges to our prosecutors because you are using existing laws -- indecent conduct -- and fitting into that new behavior through the use of social media," says Kingrey. "I guess the message is: Think before you hit send."
When FOX 9 tried to reach Trice and Henry-Heagle for this story, they said they had no comment.