tag:blogger.com,1999:blog-6932455.post2342489401331796786..comments2023-10-21T04:16:43.275-06:00Comments on NetFamilyNews: FL teen a registered sex offender for sextingAnnehttp://www.blogger.com/profile/18094657388697479090noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-6932455.post-8323616382274469712009-04-19T08:14:00.000-06:002009-04-19T08:14:00.000-06:00If a teen sexting pictures of herself is First Ame...If a teen sexting pictures of herself is First Amendment protected because no harm is done to a juvenile in making the picture (the classic rationale for exempting child pornography from constitutional protection as far as I know -- computer created or drawn pictures of underage children are protected, at least so far) then images mal-distributed by an angry boyfriend AFTER the child turns 18 could also meet the no child injured standard: possibly letting the Florida boy go free if his ex were 18 by at the time.<br /><br />Another possible defense angle: if no junvenile was harmed making the picture (because the juvenile made the picture) then it might require brand new legislation to make distribution illegal -- the old legislation being intended only for "harmed-child" images.<br /><br />Related defense angle: if harm to the juvenile permits constitution banning of maldistribution of nude images of a juvenile, it perhaps ought not to be catagorized as a SEXUAL offense against the child. Maldistribution of nude images of an adult would not be considered an offense of a sexual nature -- equal protection.<br />***************<br />If the practice of teen sexting goes on long enough and becomes widespread enough the sense of violation from having images of yourself spread beyond your intended recievers may become substantially watered down just because the experience may become so commonplace.Denis Drewhttps://www.blogger.com/profile/11833367196756465896noreply@blogger.com