Prosecuting sexting as child pornography: A critique

Date

2009

Journal Title

Journal ISSN

Volume Title

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)

Description

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.

DOI