The Problem of "Self-Produced Child Pornography"
An interesting article in The New York Times discuss the problems that States are having with minors' increasing propensity for sexting with each other. Also referred to" self-produced child pornography." The issue is whether juvenile should be prosecuted for sexting with another minor or producing pornographic images of themselves or other students and the subsequent distribution of those images.
While some states have amended their child pornography statutes to allow for a prosecution of a misdemeanor others have tried to create an actual sexting offense. Those opponents cite to this as "thoughtless adolescent risk-taking" and other opponents do not want to see more children swept into the court system. The article states that "the states disagree philosophically about the nature of the offense, which participants should be punished and which factors may aggravate or mitigate the criminal charge."
Interestingly, Texas was cited as a state that has a bill pending that would grant immunity to minors who destroy the image or report it to the police within 48 hours. This will be a battle and will rage on. Stay continued for updates on this relatively new area of criminal jurisprudence.