A McGregor Independent School District student was arrested Tuesday, accused of sharing a sexually explicit video of himself on a social media app last month, against the wishes a girl in the video, an arrest affidavit states.
Nickolas Callen Harborth, 17, of McGregor, was arrested after Superintendent James Lenamon called police last week to report an allegation that Harborth had shared a video on Snapchat that may show the boy and a 15-year-old girl having sex, the affidavit states.
“This incident was reported to a teacher at the high school, and that teacher worked with school administration, which resulted in the district contacting McGregor Police Department,” Lenamon said. “This was not an incident that happened on school-issued devices, but the report came to us and we take any type of report that involves our students very seriously.”
A detective spoke with another student who responded to the video with a message to Harborth on Snapchat that read “How was the porn last night?” according to the affidavit.
“The video did not show any male or female genitalia,” the affidavit states.
In Texas, the minimum age of consent is 14 years old with an age differential of 3 years. Individuals who are at least 14 years of age can legally consent to sex with those less than 3 years older.
Police spoke to the girl in the video and her father during the investigation, the affidavit states. The girl said she agreed to the recording of video but told Harborth not to share the video with anyone, according to the affidavit.
Harborth had been issued a criminal trespass warning from the girl’s house in February, before the video was recorded, and police reported that he violated the trespass warning.
Harborth was arrested on a state jail felony charge of unlawful disclosure of intimate visual material and a Class A misdemeanor charge of criminal trespassing. He was booked into McLennan County Jail on Tuesday and was released on $4,000 bond by Wednesday afternoon.