Prosecuting sexting as child pornography: A critique
Date
2009
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Publisher
Valparaiso University Law Review
Abstract
This Lecture offers a critique of the disturbing trend emerging in several states to treat sexting as a law enforcement problem, rather than a problem to be addressed by parents and educators. As prosecutors and policymakers consider the phenomenon of sexting, it is imperative that they ask themselves what benefits are derived by criminalizing and prosecuting this behavior in the juvenile justice system. Put another way, what do they expect the juvenile justice system to deliver in terms of services or risk management or public policy that parents, educators, pediatricians and mental health professionals cannot? Justice is better served by avoiding prosecution of youth who behave in normative ways and whose risks are more properly managed outside of law enforcement and the justice system. (Author Text)
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Keywords
child abuse, adolescents, teens, minors, jurisprudence, legal opinion
Citation
Levick, Marsha ; Moon, Kristina. (2009). Prosecuting sexting as child pornography: A critique. Valparaiso University Law Review, 44(4), 1035-1054.