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Merged Testimony As of 2-11-2020 at 1154 AM Cairns Coalition Against Pronography_FAV_SB365 Uploaded by: Cairns, Peggy Position: FAV Maryland Coalition Against Pornography, Inc. P.O. Box 2868 Silver Spring, MD 20915-2868 [email protected] www.mcap1.com (301) 439-8475 TOGETHER WE CARE February 11, 2020 Advisory Board Chairman, Will Smith Dave Brown Director Judicial Proceedings Committee, Maryland Senate Washington Area Christian Men’s Ministries In support of SB 365 Donna Rice Hughes It is well that our legislature is grappling to update our laws to reflect new President technology and newly emerging crimes. As Catholic University Law “Enough Is Enough” Professor Mary Leary has written, we have a new dimension of digital victimization, a new aspect of crime against a person. We appreciate the Dr. Jerry Kirk Chairman and Founder efforts of this bill to strike a balance when determinations need to be made pureHOPE about self-produced child pornography (SPCP). Prof. Leary has written at Rev. Derek McCoy length with thoughtful, very pertinent analysis that we agree with. We urge Executive Vice President consideration of her paper: “Sexting or Self-Produced Child Pornography? Center for Urban Renewal and Education The Dialogue Continues – Structured Prosecutorial Discretion within a Multidisciplinary Response” 17 Virginia Journal of Social Policy and the Law Bishop David Perrin 486 (2010), submitted as an addendum. Why do we oppose full Senior Pastor decriminalization? The truly egregious cases, e.g., repeated offenses, or ones Christ Kingdom Church where coercion is involved, need to be dealt with and not swept under the rug, as there are true, serious, and often long-term harms to true victims. Minor Roberta Roper Maryland Crime Victims’ perpetrators need rehabilitation, but not necessarily mandatory court Resource Center, Inc. adjudication or classification as sex offenders. Statistics are rising, and, as the CDC has noted, there is good reason for concern that “sexting” is Patrick A. Trueman contributing to teen violence and the further dissemination of these images, as President National Center on in revenge porn, leads to humilating character assassination, bullying, and Sexual Exploitation harmful social pressures, even some suicides. Teens need to recognize the negative aspects and risks of sending sexually explicit pictures; it is an Dr. Ann Yeck important component of prevention. So not fully decriminalizing SPCP, but Marriage and Family Therapist allowing it to remain a tool for use in juvenile court, provides a deterrent Licensed Psychologist value. What are the harms? For those in the images, consider the perpetuity of The Rev. Curtis Young the images, and how often they escape any control by the victim who was Pastor Emeritus Presbyterian Church photographed. Also consider the harms to the recipients, some of whom never of the Atonement intended to receive them, e.g., are you aware of Apple I-phone “airdropping”? Sample article here. Lastly, consider the harms to society at large. We cannot possibly want this phenomenon to proliferate as if it is acceptable, harmless, or prankish fun. We do a great disservice to future generations if we take a “teens will be tweens attitude” and provide no threat of serious consequences to minors who traffick these child pornographic images. Respectfully submitted, Peggy Cairns, Education Chairperson Cairns Sexting Research CUA_INFO_SB365 Uploaded by: Cairns, Peggy Position: FAV THE CATHOLIC UNIVERSITY OF AMERICA COLUMBUS SCHOOL OF LAW Legal Studies Series Accepted Paper No. 2010-31 Date: 2010 Sexting or Self-Produced Child Pornography? The Dialogue Continues – Structured Prosecutorial Discretion within a Multidisciplinary Response Mary G. Leary 17 Virginia Journal of Social Policy and the Law 486 (2010) This paper can be downloaded without charge from the Social Science Research Network electronic library at: http://ssrn.com/abstract=1657007 Legal Studies Series Editor – Elizabeth Edinger: [email protected] The Columbus School of Law – http://law.cua.edu/ Electronic copy available at: http://ssrn.com/abstract=1657007 SEXTING OR SELF-PRODUCED CHILD PORNOGRAPHY? THE DIALOG CONTINUES - STRUCTURED PROSECUTORIAL DISCRETION WITHIN A MULTIDISCIPLINARY RESPONSE Mary Graw Leary CONTENTS Introduction ......................................................................................... 487 I. Clarifying Definitions: ―Sexting‖ vs. Self-Produced Child Pornography ................................................................................ 491 A. Self-Produced Child Pornography ............................................. 491 B. ―Sexting‖ ..................................................................................... 492 C. Self-produced Child Pornography and ―Sexting‖: The Intersection ................................................................................ 495 II. The Original Proposal: Structured Prosecutorial Discretion Within a Multidisciplinary Approach ...................................................... 496 A. The Thesis Proposed ................................................................... 496 B. Prosecution is Not the Solution to this Problem ......................... 497 III. New Information: The Frequency and Character of the Problem .. 499 A. Frequency ................................................................................... 500 B. Nature of the Behavior ................................................................ 501 IV. How the Issue Is Misunderstood: The Sensationalism of the Debate .......................................................................................... 505 A. Overgeneralization ...................................................................... 505 B. Structuring the Problem .............................................................. 506 1. Factually Distinguishing the Problem ..................................... 506 2. Legally Distinguishing the Problem ........................................ 509 C. Conceptualizing the Solution ...................................................... 510 1. Confusing a Rejection of Decriminalization with an Advocacy for Punishment ...................................................... 510 2. The Misunderstanding of Juvenile Court ................................ 514 a. Sex Offender Registration .................................................... 515 b. Mandatory Minimum Sentences .......................................... 518 V. The Future: Alternative Proposals ................................................... 520 A. Threshold Issue: What‘s the Harm? ............................................ 520 1. That the Pictures Themselves are Harmful is Consistent with Child Pornography Jurisprudence .......................................... 523 a. Ferber‟s Factual Basis Supports This Concept of Harm...... 523 b. Ferber‟s Legal Analysis Supports This Concept of Harm ... 524 c. Ashcroft Does Not Alter This ............................................... 526 Associate Professor, The Catholic University of America, Columbus School of Law. With great thanks to so many who contributed their thoughts and insight- Susan Broderick, Tom Clancy, Howard Davidson, Susan Duncan, Christine Feller, Angel Flores, Roger Hartley, Amanda Cohen Leiter, Orin Kerr, Rev. Raymond C. O‘Brien, John Rabun, and most especially Lisa Schiltz, and Cliff Fishman. For their research a special thanks to Jennifer Siegel, Kristen Kelley, and Steve Young and for the challenge of countless drafts to Julie Kendrick and the entire staff of the journal. Electronic copy available at: http://ssrn.com/abstract=1657007 Spring 2010] Structured Discretion 487 d. Williams Reasserts This as Well .......................................... 529 e. Additional Harms Caused by the Images According to Ferber .................................................................................. 532 2. That the Pictures Themselves are Harmful is Consistent with Contemporary Case Law Conceptualizing the Harm of Child Pornography .................................................................. 535 3. That the Pictures are Harmful in and of Themselves is Consistent with Practical Observations Regarding Self- Produced Child Pornography.................................................. 539 B. Spectrum of Solutions ................................................................. 542 1. Formal Decriminalization ........................................................ 543 2. De Facto Decriminalization ..................................................... 547 3. Neither Form of Decriminalization is Adequate...................... 550 4. Diversion and Prosecutorial Discretion ................................... 551 a. Structured Prosecutorial Discretion Within a Multidisciplinary Approach ................................................. 551 b. Concepts of Prosecutorial Discretion .................................. 551 5. New Statutes ............................................................................ 555 a. Balancing Concerns About Adjudication with Concerns About Exploitation .............................................................. 555 b. Focus on Mens Rea .............................................................. 557 c. New Crimes ......................................................................... 558 6. Multidisciplinary Responses ................................................... 558 a. New Jersey ........................................................................... 560 b. New York ............................................................................
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