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Teenage Sexting Is Not Child Porn (Op-Ed)

TEENAGERS who sext are in a precarious legal position. Though in most states teenagers who are close in age can legally have consensual sex, if they create and share sexually explicit images of themselves, they are technically producing, distributing or possessing child pornography. The laws that cover this situation, passed decades ago, were meant to apply to adults who exploited children and require those convicted under them to register as sex offenders. Full Opinion Piece

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Hmmm that’s interesting. Not sure if the author of the opinion piece grasps the concepts at hand. Here’s the underlying problem with treating teen sexting as something other than child pornography; if an image or video ends up becoming part of a case weeks, months, or years later the material regardless of how explicit should not be counted as child porn. If original consensual sharing occurred (which would be difficult to prove without records) then any unanticipated sharing in the future should despite likely not being authorized by all parties have the same non child pornography status. Otherwise it becomes… Read more »

Underage sexting is definitely child porn. They’ve convicted people for cartoons and putting photo’s of the faces of children on pictures of naked adults. People have been convicted for naked kids on the beach, and for naked teens just standing there.

Let’s call it what is is…based on how US courts and law enforcement obviously see it (based on the arrests and media hype over the past decade). If there is nudity that is “sexual” in nature and the person is a minor…it’s CP. You can not call it sexting rather than CP when a minor teen produces, possesses, and/or distributes it (slap on the wrist) and then call it child porn when somebody over 18 does any of the same (labeling them predators and locking them up for years or decades). I guarantee you law enforcement will document the hash… Read more »

Actually, not true. I recall a 15 y/o girl was on some video chat service doing things and she was arrested and charged with felony production of CP. This was, I think, within the past five years.

The first time I learned about Janice, she was on the news taking about a 16yo girl who sent nudes of herself, and is now an RSO

Not suggesting it never happens, that underage females don’t get in trouble for it, but that it doesn’t happen enough. As it stands the general public is convinced that everyone arrested for CP is a predator, a pedophile, that doesn’t deserve to live. They assume that all CP is of very young children being sexually abused by adults. If there are any doubts about this…read the comments posted on articles about people arrested for CP. The way to educate the general public about the reality of pornography in our culture and legal system is to have police arrest and prosecute… Read more »

Yup. My files had “Met Art” in the name and they were in fact Met Art files. The files I had were site rips from around 2004 and apparently they still had at least 6 underage models at the time. 6 models (about 200 photos) at least had the matching hash values. At no time in my case did the judge or prosecutor ever care to hear that Met Art is a US based company that claimed very clearly all models were 18+. It simply wasn’t relevant. The case was simple: matching hash values = CP, no need to go… Read more »

I feel you… With a more than 1.5TB hoard of porn…I had a little or a lot of everything…including a bunch of Met-Art pics. On the day the police came knocking I had about 1,200 Met-Art RAR files in my P2P download que. Each rar file had anywhere between 200 to 500 photos. If the downloads had completed I would have had a few hundred thousand Met-Art photos on my P2P computer. I had absolutely no idea that some of the Met-Art stuff (nude models) was identified as underage. Learned it after it was too late. Anyone arrested for CP… Read more »

Nudity is not required for a child pornography classification. Fully clothed minors under eighteen can still be found to be depicted in child pornography based on meeting one or more dost test factors: https://en.wikipedia.org/wiki/Dost_test Two of the most disturbing factors based solely upon the frame of mind required to consider them are: 2. Whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity. 6. Whether the visual depiction is intended or designed to elicit a sexual response in the viewer. Essentially using ones own standard of might be sexually… Read more »

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