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Sexting and child porn laws
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Teen’s today face serious criminal charges when they get in trouble for sexting. Sexting is an exchange of nude or seminude images via a telecommunication device. When teens are engaging in sexting, they are not thinking of the possible criminal charges they can face. Sexting among teens is a common issue that we face today in our highly technological world. Laws are not able to keep up with the rate of technology advancements. Teacher, parents, and Louisiana law makers need to be more aware of this issue to try and protect teens from endangering themselves and their future.
Louisiana law defines teen sexting as; (1) “No person under the age of seventeen years shall knowingly and voluntarily use a computer or telecommunication device to transmit an indecent visual depiction of himself to another person.” (LA Rev Stat § 14:81.1.1.) Sexting is broken down into three categories; (1) two teens that are in a relationship are exchanging indecent photos with each other. (2) Two teens that are in a relationship where one party sends an indecent photo to another, and one of the teens send it to a third party. (3) A teen who wants to be in a relationship [hook up] with someone will send an indecent picture to another, and that person will send it to a third party.
There are three criteria for child pornography; (1) the child gets to be hurt in the proses of making. (2) Signs of struggle have to be present. (3) The legal guardian of the child is forcing them to take pictures or make videos of sexual behavior. When a teen is sexting pictures none of these criteria are meet. The pictures are took and sent voluntarily, there is not enough evidence to say that the teens are pressured into taking the picture from there partner.
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...ens in Relationship to Sexting and Censorship.” University of Michigan Journal of Law Reform 45.2 (2012): 315–350. Print.
Patchin, Justin W., Joseph A. Schafer, and Sameer Hinduja. “Cyberbullying and Sexting.” FBI Law Enforcement Bulletin 82.6 (2013): 2–5. Print.
Potter, Andrea Erwin. “Sexting and Louisiana’s Punishment for the Children the Law Intends to Protect from Prosecution Under Child Pornography Statutes.” Family Law Quarterly 45.3 (2011): 419–442. Print.
Walsh, Wendy, Janis Wolak, and David Finkelhor. “Sexting: When Are State Prosecutors Deciding to Prosecute?” Crimes Aginst Children Research Center (2013): 1–4. Print. The Third National Juvenile Online Victimization Study (NJOV‐3).
Wood, Robert H. “The First Amendment Implications of Sexting at Public Schools: A Quandary for Administrators Who Intercept Visual Love Notes.” Journal of Law & Policy 18.2
In her essay “Let’s Put Pornography Back in the Closet,” Susan Brownmiller, a prominent feminist activist, argues that pornography should not be protected under the First Amendment (59). Her position is based on the belief that pornography is degrading and abusive towards women (Brownmiller 59). She introduces the reader to the U.S. Constitution’s First Amendment, and explains how it relates to her beliefs on censoring pornographic material (Brownmiller 58). In addition, she provides examples of First Amendment controversies such as Miller v. California and James Joyce’s Ulysses to explain how the law created a system to define pornographic material (Brownmiller 58). She described the system that used a three-part test as confusing (Brownmiller 58). Regardless of whether or not the First Amendment was intended to protect obscenities, she and many others believe that the legislatures should have the final say in the decision of creating and publishing pornography (Brownmiller 60).
Veysey, B. M. Zgoba, K. & Dalessandro, M. (2008). A preliminary step towards evaluating the impact of Megan’s Law: A trend analysis of sexual offenses in New Jersey from 1985 to 2005. Justice Research and Policy, 10(2), 1-18.
Holmes, R. M., & Holmes, S. T. (2009).Sex crimes: patterns and behavior (3rd ed.). Thousand Oaks,Calif.:SagePublications.
Pornography Under The Federal Sentencing Guidelines In The United States. Law & Contemporary Problems, 76(1), 27-52.
This essay will discuss the many different types of sex offenses that are considering a crime. It will then talk about some of the historical sexual offenders laws that have shaped society as a whole. It will also define the role religion plays on the emergence of new Sex offender’s laws that we have in contemporary societies. And finally talk about the emergence of some currents sex offenses laws we have in our nation.
Such was the case of Ohio high school student, Jesse Logan, who sent nude photos to her boyfriend who then sent them to other students who harassed her until she committed suicide.2 Currently, there are laws in place against minors sexting and sexting to minors and they fall under the child pornography category. While the laws are intended to protect minors from sexual predators, what most minors do not understand is that they are subject to them as well. This means that, if fifteen-year-old Timmy decides to sext his fifteen-year-old girlfriend, Sarah, a naked picture of himself, both Timmy and Sarah could be tried in court on charges of disseminating child pornography and possessing child pornography. These serious charges can result in having to register as a sex offender for several years, although the message may have been sent and received consensually by both parties. This was the case for an 18-year-old Iowa boy who sent a nude picture of himself to a fourteen-year-old girl after she asked him repeatedly to do so.
Even though Alabama’s sexual predators laws are considered strict, it does not negate the fact Sexual predators often rob their victim of innocent that is never recovered. Furthermore, these sexual predators seek the most vulnerable persons in society to seek assault sexually. Alabama’s laws seek to alleviate however, predators many time will return to a predatory lifestyle even after prison. Technology has only served to enhance sexual predators’ ability to reach out to it victim in private by way of chat room and other social networks. The term sexual predator itself is somewhat confusing and the term varies from state to state. However, the term generally relates to sexually misconduct that society has deemed deviant.
There are many topics nowadays that are still hard to talk about openly. Though we’ve opened the door on many controversies, some of the simplest parts of life can be the hardest to discuss. For most of us, sex in particular can be a taboo topic, which may be the reason why so many children and teens are misinformed on the inner workings of sexual relationships and how they develop as we grow and mature. For some adolescents, this can lead to an unhealthy fixation on the concept of sex, and in some cases, lead them to take action on a situation they do not fully understand. Sexual offenses are perceived as some of the most heinous crimes, but how could our views be affected if those acts were performed by a teenager? We may sometimes consider that they are the same as adult sex offenders; however our judgment can often be clouded by our lack of understanding. Adolescent sex offenders are different from adult sex offenders, are treated in a different way, and often have very different circumstances of their crime.
When the life of an innocent human being is threatened, it enrages the average American citizen. However, when that life belongs to a child it hits harder for most. Protecting children is at the forefront of most Americans’ minds, especially parents who understand what it is like to have children impacted against criminal acts. The passage of Megan’s Law has led to an improvement in the awareness and understanding of sex offenders, but ultimately does not reduce the number of sex crimes against children due to the many faults within the law.
Sexting can be defined by Urban Dictionary as "the act of text messaging someone in the hopes of having a sexual encounter with them later; initially casual, transitioning into highly suggestive and even sexually explicit" (Urban Dictionary). "Initially casual" and "highly suggestive" can mean anything from a sexual innuendo, to sending, receiving, or possessing nude pictures of someone. This definition will be the basis for the annual assemblies that will be implemented into schools across the nation.
Schopf, S. (1995). "Megan's Law": Community Notification and the Constitution. Columbia Universtiy School Journal of Law and Social Problems, 29
Sexting is an issue that many people are still unclear on. Sexting is the exchanging of nude or seminude pictures or videos by cell phones (Hewitt and Driscoll). These media files can be exchanged by teens as young as 11 to married adults in their 40s. Sexting can hold serious consequences, such as being charged with child pornography, having to register in the sex offenders list, and even facing jail time (Hewitt and Driscoll). Even after knowing the gravity of the consequences, people continue to sext. The reason behind this phenomenon is still a mystery. Some believe that some individuals want to sext in order to gain the attention that they aren’t getting from significant other. A woman who had participated in sexting even claimed that a man she sexted with made her feel wanted (Tapper). The same article states that men believe “if you get a woman to send you a naked picture, you’re cool. It’s an ego boost.” Although many know sexting can be a crime, many individuals who sext do i...
Crespi, T, Segool, N 2013, ‘Sexting at Sixteen: Reflections on Legal and Professional Issues’, The Online Journal of Counseling and Education, vol 4, no.2, retrieved May 14th 2014
McCarthy, M. (2005). THE CONTINUING SAGA OF INTERNET CENSORSHIP: THE CHILD ONLINE PROTECTION ACT. Brigham Young University Education & Law Journal, (2), 83-101.
I think sexting at a young age does not allow teens to respect women and their body. I also think that teens may get misinformed views and information about healthy sex practices through sexting. This is why sexual education is a joke in schools. I remember my sexual education only focused on the male and female anatomy. They did not talk to use about the emotional aspects or the healthy practices of sex. They also did not talk openly about masturbation or how porn is not how sex really is. My parents were not afraid to talk to me about sex and answered any questions I