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Full-Text Articles in Law

State V. Madison Hansen, 272 A.3d 1040 (R.I. 2022)., Julia Stern Jan 2023

State V. Madison Hansen, 272 A.3d 1040 (R.I. 2022)., Julia Stern

Roger Williams University Law Review

No abstract provided.


The Kids Are Airight: Teen Sexting, Child Pornography Charges, And The Criminalization Of Adolescent Sexuality, Blaire Bayliss Jan 2020

The Kids Are Airight: Teen Sexting, Child Pornography Charges, And The Criminalization Of Adolescent Sexuality, Blaire Bayliss

University of Colorado Law Review

"Sexting" is a term that refers to the exchange of sexually explicit or sexually suggestive messages or images between individuals using electronic messaging. Teenage sexting is a controversial legal topic because the act of taking nude or semi-nude pictures of a minor technically constitutes child pornography under federal law, even when those pictures were self-portraits taken by the minor in question. This Comment argues that the prosecution of sexting under federal child pornography law constitutes the criminalization of adolescent exploration of sexuality and that states should adopt their own sexting-specific laws to address teenage sexting in a manner that respects …


Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson Oct 2014

Sexting Prosecutions: Minors As A Protected Class From Child Pornography Charges, Sarah Thompson

University of Michigan Journal of Law Reform Caveat

"Firt love is only a little foolishness and a lot of curiosity." -- George Bernard Shaw Teenagers will explore their sexuality; this is no new phenomenon. However, the ways that teens are exploring their curiosity is changing with technology. This trend has serious repercussions for teens, society, and the law. ‘Sexting’—defined as the act of sending sexually explicit photographs or messages via cell phone—is one recently-developed means of sexual exploration. The practice overlaps with the production, distribution, and possession of child pornography that is banned by both state and federal law. Due to the overlap, minors have been prosecuted under …


Rethinking Traditional Conceptions Of Child Pornography: An Analysis Of How The U.S. Supreme Court Decision In Stevens Impacts The Illinois Supreme Court's Decision In People V. Hollins, James D. Konstantopoulos Apr 2014

Rethinking Traditional Conceptions Of Child Pornography: An Analysis Of How The U.S. Supreme Court Decision In Stevens Impacts The Illinois Supreme Court's Decision In People V. Hollins, James D. Konstantopoulos

Chicago-Kent Law Review

In 2010, the U.S. Supreme Court, in deciding United States v. Stevens, held that rational basis review was no longer sufficient to criminalize depictions of acts if the acts depicted are themselves legal. In 2009, Marshall Hollins entered into a consensual sexual relationship with his seventeen-year old girlfriend. As is becoming common in our technological era, where every phone can record video and photographs and send those files to other devices, Mr. Hollins and his girlfriend used the technology available to them to document one of their excursions. Following his conviction for child pornography, Mr. Hollins challenged the Constitutionality of …