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Child Pornography

Protect Your Children from Sexting

Protect Your Children from Sexting

The term “sexting” is an informal expression for the sending of sexually explicit text messages. Sexually explicit text messages are an unfortunate by-product of the communications revolution of this current era. A sexually explicit text message could be a sent in both SMS and MMS forms of text messaging. However, most cases involving sexually explicit text messages that depict pornographic images of children are of the multimedia messaging service form of cellular phone based messages. 
The circulation of unlawful pornographic images of children is mostly perpetrated by children themselves. As a result, teenagers with cell phones send each other sexting messages on their cell phones and get charged with distributing child pornography. Child pornography, in most jurisdictions, constitutes the sexually indecent portrayal of minors below the age of 18 in the nude or doing sexual acts.
Teen sexting is a problem that is more common than expected; approximately one in five teenagers admit to having participating in teen sexting. Most teenagers do not understand that the act is illegal because they are distributing sexually explicit images of themselves, among themselves. That is the case if they ever even consider the act of sexting as a form of child pornography in the first place. 
Teenagers in New York, Alabama, and Wisconsin have already been arrested, convicted, or are facing child pornography charges for sending sexually explicit text messages. Teen sexting is a big problem in which every parent and teenager should be aware.
Sexting of images depicting people above the age of the majority, 18, is legal. However, it is important to make sure that the person receiving the sexting message is of legal age to view pornographic images (usually 18 or 21, depending on jurisdiction). Despite the legality of this act, one should exercise caution when choosing who to send a sexting message too. 
Upon the reception of that image, it legally becomes the property of the recipient allowing him or her to do what he or she likes with the image; including posting them on the Internet. In lawsuits involving defamation, truth is a viable defense. Therefore, the act of posting a nude image on the internet implicitly consents to the publication of nude pictures as long as the pornographic image is not depicting anyone under 18 years of age.

What are the Charges of Child Pornography

What are the Charges of Child Pornography

Criminal charges associated with child pornography cover all activities pertaining to the viewing, distribution, promotion, production, and sale of illegal images of child pornography. All activities related to child pornography are not tolerated by the law. Law enforcement agencies do many sting operations to charge and arrest child pornographers. The law shows very little discretion for anyone facing child pornography charges.
The consequences of child pornography charges are immense. These criminal charges can be extremely damaging to one’s standing in the community as people guilty of this crime are rightfully ostracized by the community. Child pornography charges may be extremely damaging to an innocent person’s reputation because people are often skeptical of an innocent verdict in such an offensive crime. Those who are facing child pornography charges and are subsequently convicted will face serious time in prison. They will also be required to register as a sex offender if or when they are released from prison.
Defense of child pornography is difficult because juries are very unforgiving in cases of child pornography. Lawyers have trouble proving that the viewing or clicking of a fake link leading to a child pornography image was accidental. Even if a hard drive that previously stored child pornography was deleted; the information on those hard drives may be recovered by computer forensics specialists. Tampering with hard drives strengthens the case of the prosecution. Prosecuting those with child pornography charges is relatively easy because forensic technology is on law enforcement’s side.
These extremely serious charges should be a deterrent to anyone who dares to do anything that has to do with child pornography. Law enforcement, the public, and judges show no mercy to people guilty of this crime. Child pornography charges are generally most severe for producers. Producers of child pornography are often not only charged with child pornography. A child pornographer’s criminal charges come with a multitude of secondary charges that multiply the prospective time in prison. 
Most child porn suspects are charged with secondary criminal charges due to the cursory nature of their criminal behavior. Viewers of child pornography create a market for child pornography so serious criminal charges apply to them as well. Child pornography charges are among the most serious criminal charges pertaining to sex crimes. The Internet is not as anonymous as people think and law enforcement is constantly adopting new technologies to keep the Internet free of child pornography. The criminal justice system also seeks to eliminate the production of child pornography with the most serious charges reserved for producers, promoters, and distributors of child pornography.

What You Have to Know About Child Pornography Laws

What You Have to Know About Child Pornography Laws

Child pornography laws are written in the federal law books. They are federal laws because the trafficking of these images often constitute interstate commerce. Therefore, the federal government has jurisdiction over many cases of child pornography. Naturally, cases in which the unlawful material is trafficked within a state, then the state has jurisdiction. 
States must meet the minimum federal standard of child pornography law but are entitled to add onto their statutes as they see fit. This article will only discuss the federal law because the facts of child pornography law are in common with all 50 states of the Union. The most basic legal definition of child pornography is a sexually explicit image or film of a person under 18 years of age. Child pornography can appear in all forms of printed and digital media. Child pornography law applies to indecent images of both heterosexual or homosexual sex.
It also does not matter if all of the actors in the production of the images are children or a combination of adults and children. Images of children engaging in bestiality also are applicable to the crime to child pornography law. Child pornography also applies to intentional public or private exhibition of a nude minor. They are all illegal.
Child pornography law does not apply to artistic depictions of nude youths. Drawings, sculptures, cartoons, and paintings do not apply to child pornography as long as they do not depict children involved in a sexually explicit act.
The images in question in most cases of child pornography are of a graphic nature; depicting real scenes of the unlawful sexual exploitation of a child under 18 years of age. Child pornography law is also applicable to simulated images of child pornography. Simulated child pornography is a controversial issue in the porn industry because it is unclear what constitutes simulated child pornography. 
Federal child pornography law does not define what simulating child pornography means; therefore, many states have added provisions to clarify the definition of simulating child pornography. Some states have adopted child pornography laws that define simulated child pornography as any pornographic image depicting an adult that looks under 18 years of age. These state statutory provisions to the basic federal child pornography law are mostly ineffective because the jurisdiction of the Internet falls under the federal government.
Law and Technology in Child Pornography
There is ongoing debate between free-speech advocacy groups and the US Department of Justice on the proper definition of simulated child pornography. The DOJ argues that pornography that has adults of legal age portraying minors should be illegal because it glorifies pedophilia. Free-speech advocacy groups do not agree with that assertion stating that the actors are legally expressing themselves in a legal but distasteful manner. 
Digitally altered images that simulate youthful appearance are also a topic of debate between the DOJ and free-speech advocacy groups. These images teeter on the edge of child pornography because they depict a pornography model of age but the images are digitally altered to appear younger than 18 years of age. 
Even 18-year old that appear younger are subject to debate in determining the disputed definition of simulated child pornography in federal child pornography law. Rapidly changing technology changes existing definitions of laws and could lead to rigorous debate over the appropriate nature of a legal issue.

Societal Effects of Child Pornography

Societal Effects of Child Pornography

With the increasing popularity of the Internet over the last 20 years, the modern problem of child pornography is a threat to the absolute innocence of children. It is agreed that imagery depicting the children in a sexually explicit manner is wrong because the children have no idea of the consequences of the being depicted sexually. Communities agree that children should remain sexually innocent and never be exposed to the sexual exploitation of adults.
In legal pornography, studies have shown a strong correlation of so-called deviant sexual behaviors with the habitual viewing of pornography. It is proven that adults who watch legal porn are more likely to try activities they have seen in pornographic films with their real life sexual partners. Legal pornography caters to sexual fantasy and adults are free to have sexual fantasies of other adults. However, when that practice is translated to child pornography, it could have serious social repercussions. 
Many social scientists and criminologists have conducted studies that show that many men who commit sexual abuse on children are often inspired by child porn. This causal link is important to maintaining the illegality of child pornography. Many jurisdictions offer harsher sentences for child molesters who were caught with child pornography as well. The trend is significant enough to present a clear problem in the occurrence of child molestation. The illegality of child porn is therefore a preventative measure.
 The lives of these children, who have been subjected to instances of pornography are forever reminded of the heinous nature of their sexual exploitation because the illegal pornographic images are published and distributed amongst a clandestine network of sexual predators. 
The protection of the innocence of children is a priority of the entire community and should not be accepted in any way because child porn is particularly damaging because the abuse last longer than the initial exploitation. Even after the images and videos are deleted or otherwise destroyed the psychological effects on the child’s upbringing are very prominent. The circulating images of child porn are a reminder of torment for victims. There have even been cases in which a victim sought restitution from everyone who downloaded the the child porn image.
Child pornography is a major social problem because it is a crime that does not only effect the loved one’s of the victim; it is an anti-social behavior that adversely affects the entire community. As such, punishments are particularly harsh for possessors, producers, and distributors of child porn. Neither the government nor society should ever tolerate this crime.