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Sexting and child porn laws
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Many uneducated juveniles and adults believe sending nude or sexual text messages is not or can’t be harmful. At the moment, it can be easy to send or receive an un-appropriate message without thinking of the consequences or possible victims. There are several different ways someone can be a victim of sexting, such as that the person exposed on the picture is unaware or the picture being send. Or that the individual on the picture is unaware of the image captured. Several states have different definitions as well as to similar regarding to their sexting statue. Therefore, they also have different ways of punishing the offenders. The statutes of states Texas, Florida and New York will be discussed regarding sexting and Romeo and Juliet. Texas …show more content…
In the statue of New York, “it's a crime to persuade someone younger than 17 to engage in the making of a sexual or nude image, or to distribute or disseminate child pornography featuring someone younger than 17… It's also a crime to possess a nude or sexual depiction of someone younger than 16” (Mince, n.d). Being different from the Republican states, New York has a Diversion Program in which the person receiving or sending the picture must attend, the requirement is to be less than 20 years old. The program is designed to explain the members the consequences that sexting implies. If the offender is older than 20 years old the prosecution will seek the conviction of 15 years’ imprisonment, as well as register as a sex offender for at least 20 years. Overall, Texas, Florida and New York have some similarities as well as differences.
The main similarity is that these states designed their laws as if they were directed to juveniles. What is surprising is that Texas and Florida had a fee attached to the sentence, Texas having the highest. In contrast, New York has the goal of “teaching” the consequences for one’s actions. Even though Florida can also relate to New York mission since it has a mandatory class that must be attended. A similar law that is also directed to juveniles is Romeo and Juliet
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If the defendant had sex, meaning penetration, and the victim is younger than 15 years old the prosecution will seek the maximum penalty which is 7 years in prison. If the victim is 17 or younger the prosecution will seek 4 years in prison as a sentence.
As well as the sexing laws among these states, there are similarities as well as differences. It is interesting to observe the state of Florida is stricter with the Romeo and Juliet Law. All three states have a punishment for a sentence as well that only New York requires the defendant to register as a sex offender.
Overall, the states have in mind what is the most important. Although sexting is criminal activity that can affect victims, having the actual sexual act with a minor can be more harmful to the victim. Both criminal activities should be punished with the appropriate consequences, and although all states are different, they all have a way to show society their actions are
The two laws have some basic similarities such as, an eye for an eye, the punishment of death for adultery, fundamental respect for women, and reality that stealing is wrong. The initial ideas and groundwork for laws are the same, but the outcomes and consequences are immensely different, on what will happen, how will
Veysey, B. M. Zgoba, K. & Dalessandro, M. (2008). A preliminary step towards evaluating the impact of Megan’s Law: A trend analysis of sexual offenses in New Jersey from 1985 to 2005. Justice Research and Policy, 10(2), 1-18.
In an excerpt titled "The Feminist Face of Antitechnology" from his 1981 book Blaming Technology, Samuel C. Florman explains why he thinks so few educated women in modern society are engineers. The excerpt was written shortly after he had visited an all-female liberal arts school, Smith College in Northampton, Massachusetts, to convince a few young women to become engineers. His mission failed and his essay makes clear why he had such trouble.
When it comes to the charges different states have different way of charging the sex offender. They can serve a short or longer sentence and still end up getting probation, however; they would have to register on the sex offender list. Back in 2008 South Carolina has passed a new law that sex offenders/ pedphiles have to be 100 ft from schools, daycares, neighborhoods. play grounds and etc. In this article call trial theory mentions “ In South Carolina legislation also change the first offense, failure to report to register, making it a misdemeanor punishable by no more than 30 days, where it had previously carried a mandatory 90 days in jail “(Trail Theory). Now if the sex offenders do not register they would end up getting a second offense which will give them a year in jail. While the third offense is up to 3 to 5 years if they didn't register. If the person is being convicted than that's when they serve some years. The article Steiner has written goes off and states that “first degree criminal sexual conduct with a minor will serve between a minor who is 10 or younger, and a defendant of any age. This offense incurs up to 30 years in prison without the possibility of parole. Then when it comes to the 2nd charge Steiner writes “Second degree criminal sexual conduct with a minor occurs when there is sexual penetration between a minor who is 11, 12, or 13, and a defendant of any age. It also includes penetration
Each criminal of sexual offence is sentenced based on the nature of the offence. As defined by the Police Department University of Central Arkansas, rape is engaging in sexual intercourse or deviant sexual activity with another person by forcible compulsion, of someone who is incapable of consent because he/she is physically helpless, or who is less than fourteen years old (the assailant must be two years older than the victim for this to apply). According to the US Legal website, Sexual Assault of the 1st Degree is engaging in sexual actions with another person by force, or the threat of force, without the consent of the o...
The acceptance that the court system often treats female offenders differently than male offenders is an accurate statement; however, it comes with many caveats. Generally, the public views women as nurturers, motherly and incapable of harming a child. Research indicates that female sex offenders capable of committing such acts have serious psychiatric and psychological problems. In comparison, research indicates male sex offenders are more callous, more antisocial, and promiscuous, involved in the criminal justice system, and have more victims (Miccio-Fenseca, 2012, slide 7). The consensus is that men commit their acts for sexual pleasure while women commit their acts due to psychiatric and psychological problems. Law enforcement, juries, and judges tend to empathize more when there are additional mitigating factors such as emotional or psychological problems. Due to these mitigating factors, it appears treatment of female sex offenders is more lenient than male if their crimes are similar in nature. Research by Miccio-Fenseca (2012) indicates that in comparison to their male counterparts, “female sex offenders rarely use force or violence far less than often…rarely use threats of violence to silence victims…rarely use threats o...
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.
Even though Alabama’s sexual predators laws are considered strict, it does not negate the fact Sexual predators often rob their victim of innocent that is never recovered. Furthermore, these sexual predators seek the most vulnerable persons in society to seek assault sexually. Alabama’s laws seek to alleviate however, predators many time will return to a predatory lifestyle even after prison. Technology has only served to enhance sexual predators’ ability to reach out to it victim in private by way of chat room and other social networks. The term sexual predator itself is somewhat confusing and the term varies from state to state. However, the term generally relates to sexually misconduct that society has deemed deviant.
The statutory rape law states that having sexual intercourse or being involved sexually in any form with a child below the age of sixteen is unlawful and could have charges pressed against as well as face imprisonment in a state prison or correctional facility. The law also states that one gender isn’t recognized more than the other; under the law children should be protected equally. Statutory rape is sex that occurs between an adult and a minor; an adult eighteen years or older and a minor is considered sixteen years or younger. The underlying principle behind the statutory rape law is the fact that children below the age of sixteen are incapable of giving their consent on sexual activities. Although the law states that all children are treated equally under the law, in several cases the court has chosen one gender over the other and the majority of the time the boys are the one who is faced with charges rather than girls (Oberman, 1994)
One month later, two men in New Jersey were arrested for posting inappropriate information on the Internet. They had been caught displaying pornographic images of children as young as seven years old. These men were promptly prosecuted and sentenced to jail time and over $600,000 worth of fines. (Business Week)
... photos, and visiting prostitutes, I believe those should be less magnified since those are personal choices the prostitutes, offenders, and teens sending photographs are making. Even though I do think they should all be punished, I do not think their neighbors, and work place should be informed of their poor decision making. I do hope other states continue to follow in America's footsteps and spread the word about sex offenders as much as we do. I think we should continue to have the apps on our phones, and websites that inform us about the people in our surroundings. It gives us a chance to keep ourselves safer than ever by knowing what kind of people we live around. The most we can do is just have the faith that these laws will lessen the sex offenders desire to do harm on others.
of Sex Offenders Via the Internet. The John Marshal Journal of Computer and Information Law
On television programs like, “To Catch a Predator,” when the curtains are drawn back, several of the child predators featured on the show stay to be interviewed. What most say can be shocking, as some try to rationalize their actions and others say they did not intend to do anything with the young child they believed they were in communication with in online chat rooms and messaging systems. Some send inappropriate pictures and make inappropriate comments to the usually thirteen to fourteen year old girls. When they are caught by the cameras, some change their stories and some are honest about their illegal endeavors.
On the other hand, many other things come into role with enforcing this law. Within the court it is often difficult to determine whether the adolescent is truly a victim or not according to Catherine Elton. She states young girls can also be very manipulative and most likely appear older looking to someone who is 20 years old. (Catherine Elton) Also states that Orange County, California social service worker suggested a 13 year old marry her 20 year old boyfriend. California’s way of enforcing the law is trying to find ways to help or benefit these female victim’s lives rather than punish them in any way. Although, these men who seem to be the defendant are often the ones punished because they lose their significant other sometimes and often have to register as a sexual offender. Another reason why statutory rape laws must be standardized within the states is because the sexes are not being treated equal. It’s often viewed as the girl is the good guy and the man is in the wrong. Also because these adolescents are losing the consent of their parents when these social workers are telling the young people to marry the elder person they had a relationship with. They think by recommending this it is going to solve the adolescent’s skipping school and possible drug issues. Even though enforcement is concerning to
Even though it is not possible for someone other than the two people who were in the situation to know what really happened, the penalties for statutory rape should be dependent upon the individual case because it would protect the kids’ futures and help keep a balance between the serious and the less invasive crimes.