Sexting

1. Are the lawful consequences of sexting to strict? Should we place an age limitation on sexting laws? Are youth sometimes impulsive and naïve? All of these are topics that have risen during my CMJR 494 Freedom of Speech course. We have had many discussions and debates on this subject, and I have been surprised at the strengths of both sides’ positions. My personal point of view is that I do not agree with the strength of sexting laws. Although I do think that there should be some consequences placed on youths that take part in such action. I am not a promoter of sexting, I just think that placing life long ramifications of a felony on a naive youthful decision is unjust.
2. The idea that sexting can become a means of production for child pornography is true. If sexting were taking place between an adult and a minor then law should fully apply, using the age of consent from each state. Why not make a law for certain ours of community service? Some may think this is not severe enough but let’s judge them case by case. When mistakes are made in your youth you should learn from them, not suffer your entire life. Federal judges are also seeing flaws in the laws for instance in a Pennsylvania case on March 30; when a US judge barred a Pennsylvania prosecutor from filing child pornography charges against three teenage girls. The girls were said to have had said to have had sexually suggestive pictures on their cell phones. If the girls were found guilty they could face possible incarceration and would have to register as sex offenders for life. U.S District Judge James Munley said he was issuing a restraining order on Wyoming County District Attorney George Skumanick because his proposed action would violate freedom of speech and parental rights.
3. This also brings up the debate of, what is defined as child pornography? This question best answered by the Child Pornography Prevention Act of 1996 (CPPA). Any visual depiction, including any photograph, film, video, picture, or computer or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where:
a) The Production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
b) Such visual depictions, or appears to be, of a minor engaging in sexually explicit conduct;
c) Such visual depiction has been created , adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or
d) Such visual depiction is advertised, promoted, presented, described or distributed in a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct.