Teens Who Sext Are Child Pornographers?

[mrjarrell]

This is really a case of taking things way the hell too far. Criminalising children for something they do as the result of raging hormones and in innocence is just stupid and ruins lives. These nonsensical laws need to be removed from the books tout de suite, before cops and prosecutors get entirely out of hand. Kids are going to do dumb things. There's no rational reason to ruin their lives and label them as sex offenders for this kind of thing.

Teens Who Sext Are Child Pornographers? - Hit & Run : Reason.com

 

[Kirk Freeman]

I have not child porn for sexting here in Indiana (yet).

The sexting I get comes in on Incest, Sexual Misconduct or Molests.

Anyone know of any prosecutions for it (teen on teen) here?

 

[ArcadiaGP]

Criminalizing children for something they do as the result of raging hormones

Seems like putting it to media is the real the problem. Camera phones didn't exist back when these laws were made. Once an underage person takes a nude photo, it's now a piece of illegal media. The act of sending it is to literally distribute child pornography.

While sound-of-mind people know it's innocent and going to happen... I'm hard-pressed to think of how to de-criminalize it without going too far and making CP practically legal. "This kind is OK and this kind isn't"... I don't think that'd fly. You can't control 100% who might see it, I guess..

 

[steveh_131]

I have not child porn for sexting here in Indiana (yet).

This is a keeper, right here. Maybe signature material.

 

[mrjarrell]

I have not child porn for sexting here in Indiana (yet).

The sexting I get comes in on Incest, Sexual Misconduct or Molests.

Anyone know of any prosecutions for it (teen on teen) here?

None that come immediately to mind, but I wouldn't put it past some of our prosecutors and judges to try it.

 

[rambone]

Children in Indiana are terrorized for the same reason.

Middle school students charged in 'sexting' case

A 13-year-old Valparaiso girl and a 12-year-old Valparaiso boy were referred to juvenile probation on charges of possession of child pornography and child exploitation. In adult court, the charges would carry a maximum penalty of 11 years in prison, but prosecutors expect the case to be handled in the juvenile system.

 

[mrjarrell]

Seems like putting it to media is the real the problem. Camera phones didn't exist back when these laws were made. Once an underage person takes a nude photo, it's now a piece of illegal media. The act of sending it is to literally distribute child pornography.

While sound-of-mind people know it's innocent and going to happen... I'm hard-pressed to think of how to de-criminalize it without going too far and making CP practically legal. "This kind is OK and this kind isn't"... I don't think that'd fly. You can't control 100% who might see it, I guess..

Slap age limits on it, (for production and possession) and give the judges lots of discretion in favour of the kids. Most laws against this type of stuff are draconian and tie the judges hands. Forcing them to impart harsh penalties on the kids.

 

[mrjarrell]

Children in Indiana are terrorized for the same reason.

Middle school students charged in 'sexting' case

A 13-year-old Valparaiso girl and a 12-year-old Valparaiso boy were referred to juvenile probation on charges of possession of child pornography and child exploitation. In adult court, the charges would carry a maximum penalty of 11 years in prison, but prosecutors expect the case to be handled in the juvenile system.

Good find! This should never have even made it to a courtroom.

 

[ArcadiaGP]

Slap age limits on it, (for production and possession) and give the judges lots of discretion in favour of the kids. Most laws against this type of stuff are draconian and tie the judges hands. Forcing them to impart harsh penalties on the kids.

Consent is 16 in Indiana. Why not bring the age limit for nudity down to 16? If they're doing it before that, there are upbringing/self-respect issues that should be handled separately.

The penalties are certainly too harsh, and should have more of a scale. Not sure how "common sense" works in the courtroom.

 

[Bfish]

Wow, this stuff is crazy... What happened to just beating kids and setting them strait?

 

[Kirk Freeman]

Children in Indiana are terrorized for the same reason.

Middle school students charged in 'sexting' case

I wonder if that went forward or was handled informally?

Guess I am lucky not to have one yet. In fact all my discussions with prosecutors (here at least) lead me to believe that there would have to be something more than just dirty pics.

 

[The Keymaster]

Yep, I remember reading this. At the time I was thinking about the stupid things a did as a teenager. How can we consider ruining the lives of our children for incidents like this by charging them with a felony.

 

[HoughMade]

...Criminalising children for something they do as the result of raging hormones and in innocence is just stupid and ruins lives... Kids are going to do dumb things...

I don't necessarily disagree with you that this sort of thing should not be prosecuted...

But in a larger sense, for the most part, teens will live up to or down to expectations....do we have any expectations as a society anymore?

Shame- it's not a dirty word.

 

[Kirk Freeman]

Good find! This should never have even made it to a courtroom.

It may not have.

 

[BehindBlueI's]

I am sooooooooooo glad Facebook, camera phones, etc. Didn't exist when I was a teen. Sooooooooooo glad.

 

[Kirk Freeman]

But in a larger sense, for the most part, teens will live up to or down to expectations....do we have any expectations as a society anymore?

Sure, but teen on teen should be handled much differently than 38 male and 15 year old girl.

 

[mrjarrell]

Consent is 16 in Indiana. Why not bring the age limit for nudity down to 16? If they're doing it before that, there are upbringing/self-respect issues that should be handled separately.

The penalties are certainly too harsh, and should have more of a scale. Not sure how "common sense" works in the courtroom.

That's consent to engage in sex and taking naked pictures of yourself at that age or earlier should not be tied to that arbitrary age limit. A picture does not equate to having sex with someone.

 

[HoughMade]

Sure, but teen on teen should be handled much differently than 38 male and 15 year old girl.

I do not disagree in the least. I am not talking criminal prosecution. However, many, many parents I know are more concerned with ensuring that there are NO consequences for bad (yes, a moral judgment) behavior because "kids will be kids". And we wonder why adolescence seems to last at least until 28....

 

[HoughMade]

That's consent to engage in sex and taking naked pictures of yourself at that age or earlier should not be tied to that arbitrary age limit. A picture does not equate to having sex with someone.

How would you write a child pornography law to avoid this?

 

[mrjarrell]

How would you write a child pornography law to avoid this?

Not sure, but I'd certainly take a long time and consult lots of civil libertarians on the matter, rather than legislators.