Children Making Porn

[rcfieldz]

Children Making Porn
I wonder what the courts will do with the kids making porn with their cell phones? Is child porn made by kids under 18 a sex crime? Should they go to jail for years? Just because they are juveniles, does that mean they should get a break?

 

[Delta4Embassy]

Children Making Porn
I wonder what the courts will do with the kids making porn with their cell phones? Is child porn made by kids under 18 a sex crime? Should they go to jail for years? Just because they are juveniles, does that mean they should get a break?

Legally there's no distinction. Child pornography's child pornography regardless of who makes it. Comes up every time there's a sexting case like this latest one supposedly invovling half a high school.

 

[PaintMyHouse]

Children Making Porn
I wonder what the courts will do with the kids making porn with their cell phones? Is child porn made by kids under 18 a sex crime? Should they go to jail for years? Just because they are juveniles, does that mean they should get a break?

They are having a devil of a time actually. How to charge a child with child porno is tricky business, especially when the kids see the pics as no big deal and freely share them, not to mention taking them in the first place. The only answer is locking out their cameras at this point although software could be smart enough to spot too much skin and not fire, depending upon race.

And kiddos will be kids, that's why we call them that and not small-adults.

 

[Delta4Embassy]

Children Making Porn
I wonder what the courts will do with the kids making porn with their cell phones? Is child porn made by kids under 18 a sex crime? Should they go to jail for years? Just because they are juveniles, does that mean they should get a break?

They are having a devil of a time actually. How to charge a child with child porno is tricky business, especially when the kids see the pics as no big deal and freely share them, not to mention taking them in the first place. The only answer is locking out their cameras at this point although software could be smart enough to spot too much skin and not fire, depending upon race.

And kiddos will be kids, that's why we call them that and not small-adults.

It's incredibly complicated. Lotta laws contradict conventional wisdom. Like where a state has sexual behaviours legal, but if you then take a picture or record video of the legal sex, it's now illegal. On the one hand, it'd seem sensible to let 'precious memories' of lawful sex acts be documented just like regular adults over 18, on the other hand, it's still child pornograhy. But the fact that the aoc's make the actual sex legal, but even then you can't document it, is more than a little confusing even to lawyers and judges nevermind the minors involved.

 

[Delta4Embassy]

And that's only the beginning. Nudity in and of itself isn't illegal like with nudism/naturism as well as photos and videos of that activity. Pictures and videos of minors at nudist locales is perfectly legal. Becomes illegal if the imagery meets child pornography definitions like with emphasis on the genitals or lewd exhibitions of the minors (spreading eagle say.)

So where sexting's invovled, for it to be illegal it has to be lewdly posed or show various actual sex acts.

So in sexting cases it's difficult to seperate a nude selfy sent a boy/girlfriend from legally-defined child pornography. A nude selfy could be perfectly legal if no explicit depiction of the genitals is involved.

 

[rcfieldz]

I have noticed that in some cases, where adults are concerned, and when a landlord makes secret bathroom video(s) the courts seem to be lethargic with seeing a crime committed. Same seems to go for upskirting.

 

[Billy_Kinetta]

Shrug.

Yesterday's kids had Polaroids. Today's have phones.

 

[Delta4Embassy]

I have noticed that in some cases, where adults are concerned, and when a landlord makes secret bathroom video(s) the courts seem to be lethargic with seeing a crime committed. Same seems to go for upskirting.

Law's playing catch-up with technology. Laws we're using weren't written when the technology existed.

 

[DGS49]

The same issue has been around in another form for a long time, to wit, if a 13-year-old boy ***** a 14-year-old girl, is it statutory rape? The girl lacks the legal capacity to consent to sex, therefore she cannot have given consent, therefore it is rape.

As for the boy/******, his legal capacity is determined under state law, which of course varies from state to state. At Common Law, a person between 7-14 was presumed to be capable of forming the intent to commit a crime, but it was rebuttable with evidence of immaturity.

As a general proposition the courts try to deal with these cases informally in juvenile court, where there is no public record.

 

[waltky]

Revenge porn victims 'as young as 11'...

Revenge pornography victims as young as 11, investigation finds
Wed, 27 Apr 2016 - Children as young as 11 are among more than 1,000 alleged victims of revenge porn who reported offences in the first year of the new law coming into effect, a BBC investigation reveals.

In April 2015, it became an offence to share private sexual photographs or films without the subject's consent. The BBC analysed Freedom of Information requests from 31 forces in England and Wales between April and December. Online safety charities said victims were left "hugely damaged". Revenge porn refers to the act of a partner or ex-partner purposefully distributing images or videos of a sexual nature without the other person's consent.

Our analysis shows:

* There were 1,160 reported incidents of revenge pornography from April 2015 to December 2015

* Three victims were 11 years old with some 30% of offences involving young people under 19

* The average age of a revenge porn victim was 25
* Around 11% of reported offences resulted in the alleged perpetrator being charged, 7% in a caution and 5% in a community resolution

* Some 61% of reported offences resulted in no action being taken against the alleged perpetrator. Among the main reasons cited by police include a lack of evidence or the victim withdrawing support

* Facebook was used by perpetrators in 68% of cases where social media was mentioned in reports. Then came Instagram (12%) followed by Snapchat (5%)

The new law was introduced after campaigners lobbied MPs to make it a criminal offence. Previously, convictions for this type of offence were sought under existing copyright or harassment laws. It covers images shared on and offline without the subject's permission and with the intent to cause harm. Physical distribution of images is also covered.

Laura Higgins, of the Revenge Porn Helpline, said being a victim was a "hugely distressing, damaging and violating experience". She said: "The effect on victims is often pervasive and long-lasting. "Whilst they have been the victim of a crime, often individuals internalise feelings of guilt and shame, which can negatively affect an individual's sense of self-worth and self-esteem. "Victim-blaming attitudes only exacerbate these feelings. Some feel so isolated and overwhelmed they consider suicide."

Who has been prosecuted?

 

[Dhara]

This is definitely a downside to children's media freedom.