In light of the controversy surrounding the possession of child pornography, it has been suggested that criminal prohibitions against possession should be removed. In other words, it would not be a crime to possess child pornography (Zekas, 2009). The logic behind this is that mere possession of child pornographic material is a completely different crime com¬pared to the same possession of child porno¬graphic material when there is an intention for further actions to commit crimes against children (Hessick, 2016). Current legal and social responses are not able to address the real issues concerning children as they are focused more on preventing harm and future risks. As such, it should no concern of criminal law for an individual to simply possess or access the material (Hessick, 2016). The physical, sexual abuse of a child, the creation of child pornography, and the distribution of child pornography are all more serious …show more content…
The creators, producers and distributors of child pornography are the worst offenders in this context. Identifying and arresting them would contribute to the ending of child pornography, not by apprehending those who simply view it. Moreover, by legalizing the possession of child pornography, every individual’s fundamental right to expression will be valued and maintained (Zekas, 2009).
A possible criticism of this approach would be that it fosters a sense of complacency surrounding child pornography. If every individual could possess child pornography without criminal sanctions, they may be increasing a market for an activity that causes serious harm to children. Another criticism is that the very existence of records of child sexual abuse is an affront to not only the children involved but also to the society that indirectly encourages such cruelty.
Pornography Under The Federal Sentencing Guidelines In The United States. Law & Contemporary Problems, 76(1), 27-52.
27 Baird, Robert M. and Stuart E Rosenbaum. Pornography - Private Right or Public Menace Pg. 52
The internet provides ground for individuals to create, access, and share child sexual abuse images world wide at the click of abutton. Child pornography images are readily available through virtually every Internet technology including website, email, instant messaging.
Such was the case of Ohio high school student, Jesse Logan, who sent nude photos to her boyfriend who then sent them to other students who harassed her until she committed suicide.2 Currently, there are laws in place against minors sexting and sexting to minors and they fall under the child pornography category. While the laws are intended to protect minors from sexual predators, what most minors do not understand is that they are subject to them as well. This means that, if fifteen-year-old Timmy decides to sext his fifteen-year-old girlfriend, Sarah, a naked picture of himself, both Timmy and Sarah could be tried in court on charges of disseminating child pornography and possessing child pornography. These serious charges can result in having to register as a sex offender for several years, although the message may have been sent and received consensually by both parties. This was the case for an 18-year-old Iowa boy who sent a nude picture of himself to a fourteen-year-old girl after she asked him repeatedly to do so.
When the car industry comes to mind, you think of Detroit. When oranges come to mind, you think of Florida. When pornography comes to mind, you think of the Internet. Almost everything in today’s society has its place, and the place for the pornography industry is the Internet. Being almost inevitable, pornography has become part of everyone’s Internet experience. Whether its junk e-mail or a nasty pop-up for $3.99 a month subscriptions, its hard to say that there isn’t anyone out there who hasn’t been exposed to Internet pornography in one way or another. One reason for this is the overwhelming size the pornography industry has grown to become. For some, the easy access to the industry has allowed for millions of dollars to be made. For others, this has caused serious problems. Parents who have children know what troubles Internet pornography can bring. Not only do actual pictures and services provide a venue for profits to be made, but software preventing the easy access has became more popular as well.
Pornography is considered by many to be an unwelcome and distasteful part of our society. However, I argue that it is necessary to voice the unpopular viewpoints, under the Constitution. This paper is a defense of pornography as a constitutional right of free expression, under the First Amendment of the Bill of Rights. In illustrating this argument, I will first define pornography as a concept, and then address central arguments in favor of pornography remaining legal and relatively unregulated – such as the development of the pornography debate throughout modern US law, and how activist groups address the censorship of adult entertainment.
...ment: A Historical Timeline Of Children And Their Access To Pornography And Violence." Pace Law Review 33.1 (2013): 462-489. OmniFile Full Text Mega (H.W. Wilson). Web. 18 Nov. 2013.
Pornography, much like prostitution, is argued to be a victimless guilty pleasure. Pornography is a billion dollar industry which society has accepted as a more tolerable form prostitution. Research M. Farley, R. Lloyd, & S.M Berg, (2007 p. 2) indicated in their article that “49 percent of 854 prostituted persons reported pornography was made of them while they were prostituting Just because a woman is considered an actor, and engages in sex with other actors in the name of art or film does not make it okay”.
When deliberating over whether access to pornography should be prohibited, four areas of contention must be elaborated upon and evaluated critically to provide a sensible basis on which a judgement can be made. Firstly, it must be concluded whether pornography can be classed as a form of speech, and whether it enjoys the same protections as art and literature under the principle. Secondly, works such as those of Catherine MacKinnon can be drawn upon to offer a feminist perspective of the effects of pornography on the treatment of women within modern democratic society. Moreover, the principles of Devlin and Feinberg offer relevant acumen regarding the criminalisation of pornographic media. Overall, this essay will argue that whilst access to pornography should not be entirely prohibited; publications that depict ‘extreme’ situations should be subject to regulation and restriction.
FALKVINGE, R. (2011, July 09). The Copyright Lobby Absolutely Loves Child Pornography. Retrieved September 26, 2017, from https://torrentfreak.com/the-copyright-lobby-absolutely-loves-child-pornography-110709/
Before the Child Pornography Prevention Act of 1996 was enacted, the laws pertaining to child pornography were commonly based on the criminal act of children engaging in sexual activity and then producing material which others could profit from. Criminals who created explicit videos, photographs, and recordings involving sexual conduct with minors would be hit with hefty penalties including lengthy prison sentences however, this illegality would only apply to the distribution of such material. With the CPPA of 1996 introduced, a second clause would be proposed which made it illegal to depict all minors engaging in any type of simulated sexual activity by use of technology. This clause would also expand to any type of visual depictions that
Porn according to the dictionary is defined as a printed or visual material containing the explicit description or display of sexual organs or activity intended to stimulate erotic rather than an emotional feeling. A word described as so is what has lead porn to becoming a money making business, that has come to grow over the years quite a bit. An empire that many were afraid to even talk about ,but now want to be apart of. Now porn or as they would call it now as the Adult Film business is seen every where, from DVD’s to magazines and late night television shows to the internet. It can be accessed from anywhere at anytime. Adult film wasn’t something that was new to society, but yet society is acting new towards it. Many are saying that this is something that has affected their lives, or that it should not be around at all.
Child Pornography, as stated in section 18 of the United States Constitution, defines child pornography as generally “any visual depiction involving the use of a minor in sexually explicit conduct.” Sexually explicit conduct is defined as “actual or simulated” sexual intercourse, which includes genital-genital, oral-genital, anal-genital, or anal-anal, “whether between persons of the same or opposite sex.” Sexually explicit conduct also entails the crucial “lascivious exhibition of genitals or pubic area,” which will be explored in more detail in the case study. Finally, section 18 depicts the transportation of such conduct through the use of computers. Basically, digital cameras, scanners, video capture cards etc. are all used to convert any image or such to the desired and needed format to easily store or transport child pornography.
In the today’s society, social media has gone out of hand. Most people these days have a cell phone, Ipad and/or laptop and most definitely a television at their home. Therefore, access to pornography has become extremely easy and can be available to any individual in less than 5 minutes. The best definition of pornography can be explained as sexually explicit words or images intended to provoke sexual arousal. The easy access to porn has raised many people to question if porn is harmful, if it should be censored, and if it is unsafe. Many debates have been going on about porn concerning freedom of rights, speech, and entertainment and right of privacy. The main people to have argued on this point are Catherine Mackinnon and philosopher J.S. Mill.
In recent years, pornography has established itself as perhaps the most controversial topic arising out of the use of the Internet. The easy availability of this type of sexually explicit material has caused a panic among government officials, family groups, religious groups and law enforcement bodies and this panic has been perpetuated in the media.