DOCSLIB.ORG

Much Ado About Sexting: Discussion Paper

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Much Ado About Sexting: Discussion Paper Document Title: Much Ado About Sexting Author(s): Miranda Jolicoeur and Edwin Zedlewski Document No.: 230795 Date Received: June 2010 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this National Institute of Justice (NIJ) produced report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. This report has not been published by the U.S. Department of Justice. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Much Ado About Sexting by Miranda Jolicoeur and Edwin Zedlewski June 2010 NCJ 230795 Discussion Paper This report has not been published by the U.S. Department of Justice. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Much Ado About Sexting by Miranda Jolicoeur and Edwin Zedlewski June 2010 NCJ 230795 The opinions and conclusions expressed in this document are solely those of the author and do not necessarily reflect the views of the U.S. Department of Justice. 1 This report has not been published by the U.S. Department of Justice. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. What is Sexting? “Sexting” is defined in Wikipedia as the act of sending sexually explicit messages or photos electronically, primarily between cell phones.1 Although the word did not exist before 2008, sexting was a finalist for the “word of the year” by the New Oxford American Dictionary in 2009. Sexting takes advantage of modern communication technology to send messages or pictures to one or more parties. While young people typically practice sexting, other age groups sext as well.2 Sexting is not just a U.S. phenomenon. Reports of sexting have been filed in the United Kingdom, Australia, Canada and even China. Sexters largely rely on cell phones, which are enormously popular among young people. Estimates suggest that between 733 and 874 percent of youth own cell phones. Moreover, teens stay digitally connected. Some 89 percent have a profile on a social networking site like MySpace or Facebook.5 Not surprisingly, the motivations for sexting are rooted in romance and socialization. Among teens who have sent sex messages or photos, 69 percent sent the message to a boyfriend or girlfriend, 39 percent sexted to someone they dated, and 30 percent sexted to someone they wanted to date.6 How Prevalent is Sexting Among Youth? Estimates of sexting prevalence found in youth surveys vary considerably, suggesting that from 4 to 19 percent of youth have engaged in sexting. Two primary explanations for these differences exist: who was targeted by the survey and how sexting was defined. The National Campaign to Prevent Teen and Unplanned Pregnancy, in partnership with Cosmogirl.com, conducted an online survey with 653 teens aged 13 to 19 and 627 young adults aged 20 to 26. The vast majority (87 percent) owned cell phones. When sexting was defined as sending a sexually suggestive message, 38 percent of the teens said they had sent sexts, Nineteen percent of teens said they had sent nude or semi-nude photos. 1 See http://en.wikipedia.org/wiki/Sexting. 2 See, for example, Leshnoff, J., “Sexting Not Just for Kids,” AARP Magazine, November 2009. Available at http://www.aarp.org/family/love/articles/sexting_not_just_for_kids.html 3 Cox Communications, National Center for Missing & Exploited Children, and John Walsh, Teen Online &Wireless Safety Survey: Cyberbullying, Sexting, and Parental Controls,, Cox Communications, May 2009, available at http://www.cox.com/takecharge/safe_teens_2009/media/2009_teen_survey_internet_and_wireless_safety. pdf 4 National Campaign to Prevent Teen and Unplanned Pregnancy,. Sex and Tech: Results from a Survey of Teens and Young Adults, 2009, available at: http://www.thenationalcampaign.org/sextech/pdf/sextech_summary.pdf. 5 Ibid. 6 Ibid. 2 This report has not been published by the U.S. Department of Justice. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Among the young adults surveyed, 58 percent had sent sexually suggestive messages, and 32 percent had sent nude or semi-nude photos. The Cox Communications Teen Online and Wireless Safety Survey, in partnership with the National Center for Missing & Exploited Children, conducted an online survey of 655 teens between ages 13 and 18.7 The survey defined sexting to include: • Text messages and photos. • Sending, receiving, and forwarding the messages. They estimated that 19 percent of teens had been involved in sexting — some 9 percent said they had sent sexts and 19 percent had received sexts. Girls were twice as likely as boys to have sent sexts. Among those who sent messages, 60 percent sent them to a boyfriend or girlfriend; 11 percent sent them to someone they did not know.8 The Pew Internet and American Life Project, in partnership with the University of Michigan, conducted telephone surveys with 800 youths aged 12 to 17 and after surveying their parents. The survey was conducted using random-digit dialing until 800 parent and child interviews were completed. Approximately 135,000 calls were made to achieve the response goals.9 All child interviews were conducted after parental consent was granted. They estimated that only 4 percent of teens with cell phones had sent sexually suggestive photos and 15 percent had received sext messages, considerably lower estimates than those in previous surveys. The MTV-Associated Press (AP) survey10 was conducted online and reached 1,247 respondents between ages 14 and 24. Among young adults (ages 18 to 24), 33 percent had been involved in some type of naked sexting, whereas 24 percent of younger teens had. Overall, 10 percent had shared a naked image of themselves; 45 percent of sexually active respondents (defined as having had sex in the past 7 days) had committed at least one sexting activity. Some differences among prevalence estimates can be attributed to differences in target populations and definitions, and some to methodology. The Cox survey discussed above used the broadest definition. On the other hand, the National Campaign included 18- and 19-year-olds in their population, which captured the increased prevalence of older groups. The MTV-AP study combined responses of young people between ages 14 and 24, which helps explain some of their higher participation rates. In the Pew survey, two- thirds of the youth interviews were conducted via land lines, with parents in the vicinity. Also, Pew’s cutoff age was only 17. 7 Cox Communications et al., Teen Online &Wireless Safety Survey (see note 3). 8 Ibid., 36. 9 Lenhart, A., Teens and Sexting: How and Why Minor Teens Are Sending Sexually Suggestive Nude or Nearly Nude Images Via Text Message, Pew Internet & American Life Project, December 15, 2009, available at: http://pewresearch.org/pubs/1440/teens-sexting-text-messages. 10 Associated Press and MTV, A Thin Line: 2009 AP-MTV Digital Study: Executive Summary, 2009, available at http://www.athinline.org/MTV-AP_Digital_Abuse_Study_Executive_Summary.pdf 3 This report has not been published by the U.S. Department of Justice. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. What Harm Does Sexting Do? Sexting engenders a number of potential harms. Some are fairly immediate; others are more remote. Some involve only family and friends; others pertain to larger populations. The most immediate harm arises from the humiliation of discovery — by parents, authority figures and unintended recipients. Besides humiliation, such discoveries may lead to punishments, such as loss of cell phone privileges or suspensions from school. Other forms of humiliation can occur if recipients are not pleased or if they forward the photos to others. Subsequent harm may also occur through bullying or harassment by recipients. In extreme cases, suicides have resulted.11 Some cases of sexting have resulted in criminal prosecution because the transmission of sexually explicit images of children constitutes child pornography in the United States. For instance, six Pennsylvania high school students were charged with a combination of manufacturing, possessing and distributing pornography when the three girls were discovered to have sent nude and semi-nude photos to three boys.12 Another Pennsylvania case involved child pornography charges for 16 students.13 One of the best- known cases is that of Phillip Alpert. Alpert distributed nude photographs of his former girl friend after a heated breakup. The 18-year-old Alpert was convicted of distributing pornography, placed on probation for five years and must spend 25 years on Florida’s sex offender list.14 Such forms of unwanted notoriety may have longer term consequences. A conviction for a felony or a serious misdemeanor, for example, may create obstacles to college admissions. Sexually explicit photos on social media pages may come to the attention of prospective employers. Such photos may also prove embarrassing for future romantic relationships. Is Sexting Illegal? There is no legal definition of sexting, making it a legal gray area. State law enforcement has charged teens under child pornography laws for sexting because sexting falls within the purview of many states’ child pornography laws. 11 See Celizic, M.,“Her Teen Committed Suicide Over ‘Sexting’” Todayshow.com, March 6, 2009, available at http://today.msnbc.com/id/29546030, and Inbar, M.,“’Sexting’ Bullying Cited in Teen’s Suicide” Todayshow.com, December 2, 2009, available at http://today.msnbc.com/id/34236377.
Load more

Recommended publications
  • Criminalizing "Virtual" Child Pornography Under the Child Pornography Prevention Act: Is It Really What It "Appears to Be?" Wade T
    University of Richmond Law Review Volume 35 | Issue 2 Article 6 2001 Criminalizing "Virtual" Child Pornography Under the Child Pornography Prevention Act: Is it Really What it "Appears to Be?" Wade T. Anderson University of Richmond Follow this and additional works at: http://scholarship.richmond.edu/lawreview Part of the Other Law Commons Recommended Citation Wade T. Anderson, Criminalizing "Virtual" Child Pornography Under the Child Pornography Prevention Act: Is it Really What it "Appears to Be?", 35 U. Rich. L. Rev. 393 (2001). Available at: http://scholarship.richmond.edu/lawreview/vol35/iss2/6 This Comment is brought to you for free and open access by the Law School Journals at UR Scholarship Repository. It has been accepted for inclusion in University of Richmond Law Review by an authorized editor of UR Scholarship Repository. For more information, please contact [email protected]. COMMENTS CRIMINALIZING "VIRTUAL" CHILD PORNOGRAPHY UNDER THE CHILD PORNOGRAPHY PREVENTION ACT: IS IT REALLY WHAT IT "APPEARS TO BE?" David is 11 years old. He weighs 60 pounds. He is 4 feet, 6 inches tall. He has brown hair. His love is real. But he is not. -Advertisement for Steven Spielberg's June 2001 film, Artificial Intelligence.' Years after his death, John Wayne sells beer in television commercials. 2 Eons after their extinction, lifelike dinosaurs con- tinue to terrorize actors and thrill moviegoers.3 The highest- grossing film of all time4 employs "virtual" passengers aboard the 1. AL. Artificial Intelligence, at http:/aimovie.warnerbros.com (last visited Apr. 3, 2001). 2. Robert Lemos, Virtual Actors: Cheaper, Better, Faster Than Humans?, ZDNET NEWS, June 15, available at 1998, 1998 WL 28812578 ("John Wayne and Fred Astaire, or at least the computer-enhanced images of the deceased stars, are starring in commer- cials.").
    [Show full text]
  • 2014 Festival Catalog
    welcome For many years, we have worked together to build places for exploring the erotic, for meeting Eros, within ourselves and others. And we have seen the transformation that happens when people are allowed (encouraged) to encounter and Reveal true, authentic selves. We have built places that not only tolerate who we really are, but go further and accept who we are. And go further even, and celebrate our true essence. How can we know, really know, who we are if we keep so much hidden? How can we move freely, heartily through life while carrying the burdens of “unspeakable” secrets? We cannot fully love and profoundly affect our world, until we have met our real selves. And so, we offer Reveal as a promise and an invitation. Let us show you who we are, and perhaps you will reveal yourselves to us, too. We would be honored. Through art, let us reveal to you some possibilities. Let our artists lay a welcome mat; come explore–the light & dark, the soft & hard, the profane & profound. Stare, gawk, study, giggle. Stay as long as you dare, dare yourself to stay longer–past comfort, and back again. We bring you Seattle Erotic Art Festival to use as your bridge to authentic selves. Reveal. Because Eros’s love is in you, and we want you to know it. Through art, let us meet each other, and ourselves. With love and honor, Sophia Iannicelli and Leila Anasazi Seattle Erotic Art Festival 2014 ii juried exhibition juried exhibition The Festival is known worldwide for its comprehensive collection of international fine art celebrating the diversity of human sexual expression.
    [Show full text]
  • Child Pornography Is Sex Trafficking
    Child Pornography is Sex Trafficking January 31, 2017 By Human Trafficking Collaborative Network (HTCN) 1 On December 30, 2011, Former President Obama declared January to be National Slavery and Human Trafficking Prevention Month. The general public’s awareness of human trafficking has improved considerably over the past years. At the time of this writing, the last day of the 2017 Human Trafficking Awareness Month, we are grateful that many community activities have been held in St. Louis and surrounding areas. Some activists participated in a series of anti- human trafficking campaigns at the Missouri Capital; some held a vigil for survivors and victims who lost their lives; some held resource dissemination events to better inform service providers, concerned citizens and students. In light of a very recent high-profile indictment of a St. Louis County child pornography case, we are compelled to providing regional information on child pornography in the context of human trafficking. As defined by the Victims of Trafficking and Violence Protection Act of 2000 (TPVA, 2000), [i] human trafficking includes recruitment, harboring, provision, receipt, transportation and/or obtaining of individuals by using force or threats, coercion, fraud and/or using systems of indebtedness or debt bondage for purposes of sexual or other forms of economic exploitation. Coercion includes threats of physical or psychological harm to the 1. The Human Trafficking Collaborative Network (HTCN) core members include: Rumi Kato Price (WU School of Medicine); Andrea Nichols (WU Brown School of Social Work & Women Gender and Sexuality Studies; St. Louis Community College Forest Park); Kathleen Thimsen (Goldfarb School of Nursing at BJC); Tonya Edmond (WU Brown School of Social Work); Richelle Clark & Matthew Brown (IPH Center for Community Health Partnership & Research; Sundari Balan (WU School of Medicine); Natalie Palmer (Goldfarb School of Nursing at BJC); and Porpong (Paul) Boonmak (McDonnell International Scholars Academy, Master of Population Health Sciences; WU School of Medicine).
    [Show full text]
  • Rethinking Coalitions: Anti-Pornography Feminists, Conservatives, and Relationships Between Collaborative Adversarial Movements
    Rethinking Coalitions: Anti-Pornography Feminists, Conservatives, and Relationships between Collaborative Adversarial Movements Nancy Whittier This research was partially supported by the Center for Advanced Study in Behavioral Sciences. The author thanks the following people for their comments: Martha Ackelsberg, Steven Boutcher, Kai Heidemann, Holly McCammon, Ziad Munson, Jo Reger, Marc Steinberg, Kim Voss, the anonymous reviewers for Social Problems, and editor Becky Pettit. A previous version of this paper was presented at the 2011 Annual Meetings of the American Sociological Association. Direct correspondence to Nancy Whittier, 10 Prospect St., Smith College, Northampton MA 01063. Email: [email protected]. 1 Abstract Social movements interact in a wide range of ways, yet we have only a few concepts for thinking about these interactions: coalition, spillover, and opposition. Many social movements interact with each other as neither coalition partners nor opposing movements. In this paper, I argue that we need to think more broadly and precisely about the relationships between movements and suggest a framework for conceptualizing non- coalitional interaction between movements. Although social movements scholars have not theorized such interactions, “strange bedfellows” are not uncommon. They differ from coalitions in form, dynamics, relationship to larger movements, and consequences. I first distinguish types of relationships between movements based on extent of interaction and ideological congruence and describe the relationship between collaborating, ideologically-opposed movements, which I call “collaborative adversarial relationships.” Second, I differentiate among the dimensions along which social movements may interact and outline the range of forms that collaborative adversarial relationships may take. Third, I theorize factors that influence collaborative adversarial relationships’ development over time, the effects on participants and consequences for larger movements, in contrast to coalitions.
    [Show full text]
  • Quick Facts on Child Pornography Offenses
    Quick Facts — Child Pornography Offenders — Fiscal Year 2018 Offender and Offense Characteristics2 • 45.5% of child pornography offenders were sentenced for IN FY 2018, 69,425 CASES WERE REPORTED TO trafficking child pornography; 43.3% were sentenced for THE U.S. SENTENCING COMMISSION. possessing child pornography; and 11.2% were sentenced for receiving child pornography. 1,414 OF THESE INVOLVED CHILD PORNOGRAPHY.1 • 99.3% of child pornography offenders were men. CHILD PORNOGRAPHY OFFENDERS HAVE DECREASED • 83.3% were White, 9.5% were Hispanic, 4.2 % were Black, and 3.0% 12.4% SINCE FY 2014. were Other races. Number of • Their average age was 41 years. Child Pornography Offenders • 97.8% were United States citizens. 2,000 • 76.5% had little or no prior criminal history (Criminal History 1,613 1,557 1,591 1,403 1,414 Category I). 1,500 ♦ 9.5% were CHC II; ♦ 8.0% were CHC III; ♦ 3.2% were CHC IV; 1,000 ♦ 1.8% were CHC V; ♦ 1.0% were CHC VI. 500 • The top six districts for child pornography offenders were: ♦ Southern District of Texas (54); ♦ Eastern District of Virginia (51); 0 ♦ Western District of Missouri (50); FY FY FY FY FY ♦ 2014 2015 2016 2017 2018 Eastern District of Missouri (38); ♦ Middle District of Florida (38); ♦ Western District of Texas (35). Length of Mandatory Minimum Penalties for Punishment Child Pornography Offenders FY 2018 • 99.1% of child pornography offenders were sentenced to prison; More than their average sentence was 104 months. 15 Years 20 Years 7.4% 0.2% • The average sentence for offenders convicted of trafficking in child pornography was 136 months3: 10 Years ♦ 86.6% of these offenders were convicted of an offense 8.2% carrying a five-year mandatory minimum penalty; their average sentence was 116 months.
    [Show full text]
  • Teen Sexting THINK TWICE Before You Hit "Send"
    Teen Sexting THINK TWICE before you hit "send" ? Male and female teens IN WHAT IS sext at the 7 10 SEXTING? same rate. Sending or getting sexually explicit photos, videos, or Roughly 7 in 10 youth But females are messages through have felt some ? more pressured pressure to sext for your cellphone to sext. or online. reasons like making their romantic partner happy or getting someone's attention. HOW MANY TEENS SEXT? 15% I've sent a sext. 27% 12% I've received a sext. I've sent a sext from someone else without asking permission. WHY IS IT RISKY? Sexting can have legal Online photos Sexts can be used consequences like child live forever and to hurt you and pornography charges or can get into the be shared without having to register as a wrong hands. your consent. sex offender. HOW CAN I PREVENT IT ? "I don't think that would be good for us." Protect yourself and others by not taking sexually explicit pictures or videos. "I'd rather do other things with you." Speak up when someone makes you uncomfortable with their "I'm not ready texts or what they send you. for that yet." Respect others by not pressuring them to sext you. I RECEIVED OR SENT A SEXT. NOW WHAT? Delete the picture or video. Share your concerns with a Report a sext that was sent parent or trusted adult. to you or shared without your consent to the Cyber Tip Line. To report an explicit image or video: Call the Cyber Tip Line (800) 843-5678 or visit https://report.cybertip.org/ To remove sexual pictures and videos from the internet: Visit http://www.missingkids.com/gethelpnow/is-your-explicit-image-out-there- Visit https://cdn.netsmartz.org/tipsheets/You_Sent_A_Sext_Now_What.pdf To learn more about your safety and how to deal with sexting: Visit https://cyberbullying.org/sexting-advice-for-teens.pdf Click to Visit https://cdn.netsmartz.org/tipsheets/sexting.pdf learn more SOURCES Connect Safely.
    [Show full text]
  • Criminalization Downloads Evil: Reexamining the Approach to Electronic Possession When Child Pornography Goes International
    \\jciprod01\productn\B\BIN\34-2\BIN203.txt unknown Seq: 1 2-JUN-16 14:19 CRIMINALIZATION DOWNLOADS EVIL: REEXAMINING THE APPROACH TO ELECTRONIC POSSESSION WHEN CHILD PORNOGRAPHY GOES INTERNATIONAL Asaf Harduf* INTRODUCTION ................................................... 280 R I. THE LADDER OF CRIMINALIZATION ....................... 281 R A. The Matter of Criminalization ......................... 282 R B. The Rungs of the Ladder of Criminalization ........... 284 R 1. First Rung: Identifying the Conduct, Causation, and Harm ......................................... 285 R 2. Second Rung: Examining the Ability to Achieve Goals ............................................. 286 R 3. Third Rung: Examining Alternatives to Criminalization .................................... 287 R 4. Fourth Rung: Assessing the Social Costs of Solutions and Striking a Balance .................. 288 R C. Towards an Analysis of Child Pornography Possession ............................................. 288 R II. APPLICATION TO THE ELECTRONIC POSSESSION OF CHILD PORNOGRAPHY ............................................ 289 R A. First Rung: The Offensive Conduct of Electronic Possession ............................................. 292 R 1. Conduct of Electronic Possession .................. 292 R 2. Harms to Children ................................ 294 R 3. Causation: Four Possible Links .................... 295 R 4. Offensiveness: Summation ......................... 302 R B. Second Rung: Criminal Law’s Ability to Reduce Harm to Children ...........................................
    [Show full text]
  • Sexism and Language
    DOCUMENT RESUME ED 136 260 CS 203 230 TEOP Nilsen, Aileen Pace; And Others 7ITLE Sezisi and Language. National Council of Teachers of English, Urbana, 711. PUB LAIE 77 NOTE 206p. AVAILAELE IEOE National Council of Teachers of English, 1111 Kenyon Eoad, Urbana, Illinois 61801 (Stock No. 43733, $5.50 member, $5.95 non-member) ELis EEICE ti-$0.83 BC-$11.37 Plus Postage. LESCRIETGES Childzens Books; Feminism; 'Language; *Language Usage; Legislation; Linguistics; Literature; *Sex Liscrimination; *Sex Stereotypes; *Social Influences; Social Problems AESTEACT :his book contains the following essays regarding sexism and language: "Linguistic Sexism as a Social Issue," "Sexism as Snown through the English vocabulary," "Sexism in the Language of Marriage," and "Sexism in Children's Books and Elementary Teaching Materials" by Aileen Pace Nilsen; °Gender-Marking in American Englisn: Usage and Eeference" by Julia P. Stanley; "Sexisla in the Language of Legislatures and Courts" by Haig Bossajian; °Sexism in the Language of Literature° and °Sexism it Dictionaries and Texts: Omissions and Commissions" by E. Lee Gershuny. The National Council of leachers of English Guidelines for Nonsexist Use of Language are appended. (LL) *********************************************************************** Documents acquired by ERIC include many informal unpublished * materials not availanle from other sources. ERIC sakes every effort * * to ottain tte Dest copy available. Nevertheless, iteci; of marginal * reproducibility are often encountered and this affects the quality oi the microfiche and hardcopy reproductions ERIC makes available O via the ERIC Document Reproduction Service (EDES). EDES is not * responsible fcr the quality ot the original document. Reproductions * * supplied by ELBE, are the nest that can be 'Rade from the original.
    [Show full text]
  • Precedential United States Court Of
    Case: 19-2424 Document: 79 Page: 1 Date Filed: 12/11/2020 PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ Nos. 19-2424 & 19-2932 _______________ UNITED STATES OF AMERICA v. DYLAN HEATHERLY, also known as Daniel Sotherland, also known as John Doe-9, Appellant in No. 19-2424 _______________ UNITED STATES OF AMERICA v. WILLIAM STAPLES, also known as Bill Simpson, also known as John Doe-7, Appellant in No. 19-2932 _______________ On Appeals from the United States District Court for the Middle District of Pennsylvania (D.C. Nos. 1:16-cr-00082-010 & 1:16-cr-00082-008) District Judge: Honorable Yvette Kane _______________ Case: 19-2424 Document: 79 Page: 2 Date Filed: 12/11/2020 Argued: July 8, 2020 Before: McKEE, BIBAS, and FUENTES, Circuit Judges (Filed: December 11, 2020) _______________ Robert J. Daniels [ARGUED] Richard H. Katsifis Killian & Gephart 218 Pine Street P.O. Box 886 Harrisburg, PA 17101 Counsel for Appellant Dylan Heatherly M. Jason Asbell [ARGUED] Gibbel, Kraybill & Hess 2933 Lititz Pike P.O. Box 5349 Lancaster, PA 17606 Counsel for Appellant William Staples Stephen R. Cerutti, II Office of United States Attorney Middle District of Pennsylvania 228 Walnut Street P.O. Box 11754 220 Federal Building and Courthouse Harrisburg, PA 17108 2 Case: 19-2424 Document: 79 Page: 3 Date Filed: 12/11/2020 Austin M. Berry [ARGUED] United States Department of Justice Criminal Division Child Exploitation and Obscenity Section 1400 New York Avenue, N.W. Washington, DC 20005 Counsel for Appellee _______________ OPINION OF THE COURT _______________ BIBAS, Circuit Judge.
    [Show full text]
  • Federal Sentencing of Child Pornography: Non-Production Offenses I
    Federal Sentencing of Child Pornography: Non-Production Offenses i United States Sentencing Commission June 2021 FEDERAL SENTENCING OF CHILD PORNOGRAPHY NON-PRODUCTION OFFENSES Federal Sentencing of Child Pornography: Non-Production Offenses CHARLES R. BREYER Acting Chair PATRICIA K. CUSHWA Ex Officio JONATHAN WROBLEWSKI Ex Officio KENNETH P. COHEN Staff Director JUNE 2021 United States Sentencing Commission Federal Sentencing of Child Pornography: Non-Production Offenses Table of Contents 1 Introduction & Key Findings 11 Chapter One: Overview of Sentencing Framework 15 Chapter Two: Data Overview 27 Chapter Three: Content, Community, and Conduct 47 Chapter Four: Sentencing Disparities 61 Chapter Five: Recidivism 67 Conclusion 71 Appendices 80 Endnotes United States Sentencing Commission This report focuses on offenders sentenced under the non-production child pornography guideline. A subsequent report will analyze offenders sentenced under the production of child pornography guideline. Federal Sentencing of Child Pornography: Non-Production Offenses 1 Introduction This publication updates and expands upon the United States Sentencing Commission’s 2012 Child Pornography Report to the Congress: Federal Child Pornography Offenses (the “2012 Child Pornography Report”).1 In the 2012 Child Pornography Report, The 2012 Child Pornography Report sought the Commission analyzed offenders sentenced to contribute to the ongoing assessment by under the federal child pornography sentencing Congress and other stakeholders in the federal guidelines and
    [Show full text]
  • Child Sexualization in the Media: a Need for Reform Punam Panchal Alam Seton Hall Law
    Seton Hall University eRepository @ Seton Hall Law School Student Scholarship Seton Hall Law 2013 Child Sexualization in the Media: A Need for Reform Punam Panchal Alam Seton Hall Law Follow this and additional works at: https://scholarship.shu.edu/student_scholarship Part of the Criminal Law Commons, and the First Amendment Commons Recommended Citation Panchal Alam, Punam, "Child Sexualization in the Media: A Need for Reform" (2013). Law School Student Scholarship. 75. https://scholarship.shu.edu/student_scholarship/75 Child Sexualization in the Media: A Need for Reform By: Punam Panchal I. INTRODUCTION II. MEDIA EXAMPLES OF CHILD SEXUALIZATION A. The Parry Case – A Teen Model Exposed B. Jour Après Lunes – Lingerie for Four- to Six- year olds C. Toddlers and Tiaras – Costumes Gone Too Far III. CURRENT NEW YORK LAW IS INEFFECTIVE IN CURBING CHILD SEXUALIZATION IV. NEW YORK LAW AS APPLIED TO THE GIVEN MEDIA EXAMPLES A. The Hailey Clauson Images B. Toddlers And Tiaras C. Jours Après Lunes (JAL) V. PROPOSED AMENDMENT TO NEW YORK PENAL LAW TO HELP PREVENT CHILD SEXUALIZATION A. The proposed amendment does not run afoul of the First Amendment of the United States Constitution. B. The proposed Amendment should be adopted as a matter of public policy to prevent psychological and social harm resulting from child sexualization. VI. CONCLUSION 1 CHILD SEXUALIZATION IN THE MEDIA: A NEED FOR REFORM BY: PUNAM PANCHAL I. INTRODUCTION She had already been featured on the covers of Russian and Japanese Vogue magazine, modeled for a Forever 21 catalogue,
    [Show full text]
  • Harm Being Done to Australian Children Through Access to Pornography on the Internet
    Harm being done to Australian children through access to pornography on the Internet That the following matter be referred to the Environment and Communications References Committee for inquiry and report by the first sitting day in December 2016: Harm being done to Australian children through access to pornography on the Internet, with particular reference to: trends of online consumption of pornography by children and their impact on the development of healthy and respectful relationships; current methods taken towards harm minimisation in other jurisdictions, and the effectiveness of those methods; the identification of any measures with the potential for implementation in Australia; and any other related matters Who we are The South Eastern Centre Against Sexual Assault (SECASA) provides sexual assault and family violence services in Victoria within the Mornington Peninsula, Frankston, Bayside, Port Phillip, Stonnington, Glen Eira and Kingston local government areas. We also work in the Greater Dandenong, Casey and Cardinia growth corridor. South Eastern Center Against Sexual Assault and Family Violence PO Box 72 East Bentleigh Victoria 3165 Prepared by: Carolyn Worth, Manager 10 March 2016 Phone: 03 99288741 Fax: 03 99288749 Introduction “Before the invention of the Internet, children and young people curious about sexual terms, phrases or the act itself were likely to talk to each other, or older siblings about it; these days they ‘Google it’. Even phrases which seem, on the face of it, innocent can lead children towards websites hosting adult content. Research also shows that young people are prone to seeking out sexual material, to discuss with friends or for their own sexual gratification.” (The Lucy Faithfull Foundation) “Exposure to pornography is routine among children and young people, with a range of notable and often troubling effects.
    [Show full text]