Sexting is it Pornography or Innocent Fun

CJMST3K wrote:

Agreed, it would have implications about webcams or anything that can take a picture digitally. But if that same kid can take a photo of themselves, then themselves become a criminal because of it... then there should be some really strong safeguards against that, as long as the law considers a kid to takes a naked photo of themselves like a criminal. I forget which station, but I think a few years ago some kid was in legal trouble for having their own photos on their own phone.

If a child hasn't reached the "age of consent" that means the law doesn't believe they are mentally/emotionally capable of making decisions about sexual activity. They are essentially not held responsible for their decision to engage in sexual activity. How, then, can we hold them legally responsible for this kind of sexual activity? (I'm talking here about a child taking a picture of him/herself. Also, the age of consent where I live is 13, so I'm talking about children 12 and under.)

CJMST3K wrote:

scb wrote:

CJMST3K wrote:

Agreed, it would have implications about webcams or anything that can take a picture digitally. But if that same kid can take a photo of themselves, then themselves become a criminal because of it... then there should be some really strong safeguards against that, as long as the law considers a kid to takes a naked photo of themselves like a criminal. I forget which station, but I think a few years ago some kid was in legal trouble for having their own photos on their own phone.

If a child hasn't reached the "age of consent" that means the law doesn't believe they are mentally/emotionally capable of making decisions about sexual activity. They are essentially not held responsible for their decision to engage in sexual activity. How, then, can we hold them legally responsible for this kind of sexual activity? (I'm talking here about a child taking a picture of him/herself. Also, the age of consent where I live is 13, so I'm talking about children 12 and under.)

If kids aren't legally responsible for photos they take of themselves, then that's ok. I recall hearing something about some kid getting in trouble for a photo of themself, but I can't think of where in the US that was.

Yes, I've heard of that happening too. I didn't mean to suggest that they AREN'T being held responsible; only that perhaps they shouldn't be held responsible. Also, I don't know that there have been any kids under the age of consent who have been prosecuted. I think perhaps the issue is that it is being viewed under child pornography laws vs. sexual activity laws. I'm not saying that's right or wrong, but I think it's something to think about. I do think once a picture leaves the hands of the person in the picture and the person it was intended for, that changes things.

CJMST3K wrote:

scb wrote:

I do think once a picture leaves the hands of the person in the picture and the person it was intended for, that changes things.

Good point, but what if the picture was intended for a 52 year old man, and not a "teen boyfriend"? It's all pretty murky in the law on this whole subject.

Well that gets back to #5 in my post above. I actually don't think the law is murky when it comes to adults being involved though. I think both the sexual activity and child pornography laws are pretty clear on that one.

cheech721 wrote:

I don't have a problem with it personally. I don't receive texts from anyone that is underage, and don't plan on it. I have received pictures from girlfriends but have never forwarded them on to other friends after the breakup, I wouldn't want them to do that to me. All in all as long as the participants are old enough and it stays with the people that were intended to have it, I think it is fine.

how about deleting them??? :think: