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Full-Text Articles in Law

Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier Oct 2010

Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier

Law Student Publications

This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-to-teen sexting.


Sexting: Risky Or [F]Risky? An Examination Of The Current And Future Legal Treatment Of Sexting In The United States, Krupa A. Shah May 2010

Sexting: Risky Or [F]Risky? An Examination Of The Current And Future Legal Treatment Of Sexting In The United States, Krupa A. Shah

Krupa A. Shah

No abstract provided.


Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through “Sexting”, Isaac A. Mcbeth May 2010

Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through “Sexting”, Isaac A. Mcbeth

Law Student Publications

This comment explores the possible scenarios in which sexting could give rise to prosecution under Protection of Children Against Sexual Exploitation Act of 1977 (“PCASEA”) for transporting, distributing, receiving, or possessing child pornography.2 Part II provides background information on the practice and prevalence of sexting. Part III discusses the definition of child pornography within the meaning of federal law and applies that definition to sexting. Part IV presents the concept of the transporting or shipping in interstate or foreign commerce jurisdictional hook and its potential relation to sexting. Part V applies the principles of statutory interpretation to the relevant provisions …


Issue 4: Table Of Contents May 2010

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.


Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through "Sexting", Isaac A. Mcbeth May 2010

Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through "Sexting", Isaac A. Mcbeth

University of Richmond Law Review

No abstract provided.


A Legal Response Is Necessary For Self Produced Child Pornography: A Legislator's Checklist For Drafting The Bill, Susan Duncan Mar 2010

A Legal Response Is Necessary For Self Produced Child Pornography: A Legislator's Checklist For Drafting The Bill, Susan Duncan

Susan Duncan

This Article explores self produced child pornography, known in the media as “sexting,” and offers a balanced, multi-faceted approach including both a legal response and education. Currently, states are modifying their laws because applying existing child pornography statutes to self produced child pornography results in a punishment which does not fit the crime. The author analyzes and critiques these proposed statutes finding none adequately address the multiple facets of the self produced child pornography problem. The Article concludes by offering a checklist of important provisions legislators should consider and proposed language legislators can incorporate into their bills. Policymakers and scholars …


Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio Jan 2010

Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio

Faculty Scholarship

No abstract provided.


Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio Jan 2010

Sexting And Teenagers: Omg R U Going 2 Jail???, Catherine Arcabascio

Richmond Journal of Law & Technology

Sexting is a relatively recent practice engaged in by the young, and sometimes not-so-young, and foolish. “Sexting” is “the practice of sending or posting sexually suggestive text messages and images, including nude or semi-nude photographs, via cellular telephones or over the Internet.”


Sexting Or Self-Produced Child Pornography – The Dialogue Continues – Structured Prosecutorial Discretion Within A Multidisciplinary Response, Mary Graw Leary Jan 2010

Sexting Or Self-Produced Child Pornography – The Dialogue Continues – Structured Prosecutorial Discretion Within A Multidisciplinary Response, Mary Graw Leary

Scholarly Articles

One need only read the newspaper to see a rising dangerous phenomenon among juveniles: the creation and subsequent sharing via the Internet of sexually explicit photographs. This self exploitation is not only a tragic social problem, but a growing legal one as well. Judges, attorneys, and legislators, are forced to address this activity because, in addition to being self destructive, it is also a violation of state and federal child pornography laws. Juvenile self exploitation illustrates a clash of two lines of jurisprudence and public policy: the aggressive opposition to child pornography and the more lenient rehabilitative treatment of juvenile …


The Child As Victim And Perpetrator: Laws Punishing Juvenile "Sexting", Joanna L. Barry Jan 2010

The Child As Victim And Perpetrator: Laws Punishing Juvenile "Sexting", Joanna L. Barry

Vanderbilt Journal of Entertainment & Technology Law

As penalties for child pornography increase in severity across the United States, new technologies and teenage ingenuity are creating problems that legislatures never considered. In response to the "sexting" phenomenon, prosecutors are charging minors under traditional child pornography laws--originally intended to punish adult behavior--with creating, possessing, and distributing child pornography. These charges carry severe penalties, including sex offender registration, and unfairly punish impulsive juveniles. Some states, conscious of prosecutors' and parents' struggle to respond to this behavior, are proposing new legislation, such as supplementing traditional child pornography charges with a new offense for sexting and allowing prosecutors to choose from …


Abridging Constitutional Rights: Sexting Legislation In Ohio, Weronika Kowalczyk Jan 2010

Abridging Constitutional Rights: Sexting Legislation In Ohio, Weronika Kowalczyk

Cleveland State Law Review

What happens when you combine technology, raging adolescent hormones, and rash decisions? As we have seen these past few years, one outcome is “sexting” the trend of teenagers transmitting sexually suggestive text messages or photographs through cell phones and similar communication devices. In 2009, the media was saturated with stories pertaining to sexting, from discussing the ramifications of engaging in it including cyber bullying, slashed reputations, and serious criminal charges to providing guidelines for what parents and educators could do to control or prevent it. Though sexting includes the transmission of messages as well as photographs, the majority of media …


Crime And Punishment: Teen Sexting In Context, Julia Halloran Mclaughlin Dec 2009

Crime And Punishment: Teen Sexting In Context, Julia Halloran Mclaughlin

Julia Halloran McLaughlin

Technology has, once again, outpaced the law. In the sixties, spin the bottle and seven minutes in heaven introduced young teens to the mysteries of the opposite sex. In the seventies, a racy Polaroid picture seemed miraculous. Now, the societal veil cloaking teenage sexuality has been lifted entirely and budding libidos have escaped from dim basements into cyber space. Sex is omnipresent in our society: on prime-time TV, in magazines, movies and on the web. Youth is glorified and sex is celebrated and youthful sex joins these twin ideals. Our constitution protects free expression. Now that every teen with a …