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View Poll Results: Have you ever sent a 'naughty image' of yourself via text messaging?!
YES - once 5 7.04%
YES - a few times 10 14.08%
NO 56 78.87%
Voters: 71. You may not vote on this poll

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  (#1 (permalink)) Old
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Are YOU - legally speaking - a child pornographer?! - December 16th 2009, 10:42 AM

Hi Everyone!!

I hope you're having a super fine day!!

In the U.S. [At least] taking a picture of your NAKED SELF and sending it to your 'friends' [via 'sexting'] COULD end with YOU being charged, going to prison and then [When you get out] having to 'register as a sex offender'.

It is illegal under federal and state child-porn laws to create explicit images of a minor and to posses them or distribute them. Even IF the 'photographer' AND the 'subject' of that photograph [Video image, etc.] are the same [minor] person. In other words - if YOU take a photo of YOUR penis or YOUR breasts - and 'text' that image to someone - ANYONE - you have just become a distributor of 'child pornography'.

That - apparently - is the law.

TWO QUESTIONS:

1. Have you ever sent a 'naughty image' of yourself via text messaging?!

2. Do you think the law should apply to minors who 'sextext'?!

[If you wish to remain anonymous re: question 1 - simply answer the POLL]

GREAT BIG HUG

Craig!!
   
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Re: Are YOU - legally speaking - a child pornographer?! - December 16th 2009, 12:29 PM

1. Have you ever sent a 'naughty image' of yourself via text messaging?!
No
2. Do you think the law should apply to minors who 'sextext'?
I read about this somewhere before. Something about a minor who was being charged for posting images of herself on myspace. I think it's stupid /: it's a picture of themselves, they aren't hurting anyone else. Obviously it should be illegal but them getting charged as a sex offender is just ridiculous.


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Re: Are YOU - legally speaking - a child pornographer?! - December 16th 2009, 12:48 PM

1. Have you ever sent a 'naughty image' of yourself via text messaging?!
Yeah but I doubt I ever will again.

2. Do you think the law should apply to minors who 'sextext'?!
Yes and no. I think that if the person is agreeing to send it to whoever is receiving it, then it's not like they've been forced against their will and they know full well what they're doing but at the same time, they don't know the intentions of the person receiving it which is why I think no as well, as it's a lot safer to not send them at all and save yourself any troubles then risk it.
   
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Re: Are YOU - legally speaking - a child pornographer?! - December 16th 2009, 01:12 PM

1. No I haven't, and wouldn't.

2. I don't think they should be classified as a sex offender, thats ridiculous. I think a caution and a warning about why its dangerous would probably do just fine.
   
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Re: Are YOU - legally speaking - a child pornographer?! - December 16th 2009, 02:20 PM

1) Nope, I haven't. 2) I've read about this before and I thought it was ridiculous. I don't really know.
   
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Re: Are YOU - legally speaking - a child pornographer?! - December 16th 2009, 03:07 PM

1. Yes I have but never naked ones and only to people I've been in a relationship with.

2. I don't think it should apply to people if both are under 18. Although it's a really complicated issue and I think it all depends on the situation.


   
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Re: Are YOU - legally speaking - a child pornographer?! - December 16th 2009, 03:42 PM

There was a heated issue of this I think this year or last year. A girl sent a bunch of nude pictures of herself willingly to her boyfriend's MySpace account in the hope that he would somehow love her. Anyways, she ended up being deemed a sex offender and hustling child pornography and charged with such a crime.

I think that the laws on this are too vague and broad because if two people, both minors, willingly "sextext", then I see no problem in that, unless the pictures get out and a mess ensues. But supposing no mess ensues, between the two of them I see no problem. I think that the side supporting the law is that certain paraphilias, such as exhibitionalism may describe such an individual, and that is usually viewed as a sexual offence. I think that here is where the law gets too broad and vague in that it IF it is still deemed a sexual offence, then there should be an alternative punishment without putting the person on a sex list. The other option is to not have it considered a sexual offence in the first place.

I think though that the key issue in this is who the intended recipients of the photos are, who the photographs are of and the motivations for both sender and receiver of the photos. The motivations is what is not considered and I think it should be because you could screw up someone's future and inprison an innocent person. Also, there is no present danger to themselves nor the community by the "sextext" in this fashion.
   
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Re: Are YOU - legally speaking - a child pornographer?! - December 17th 2009, 11:41 PM

If the law works as a deterrent, why change it? Although, I don't see anyone trying hard to enforce it, so it's a bit pointless at the moment. It's a good idea. Needs a bit of tweaking if you ask me, nobody should be classed as a sex offender because they sent a nude photo of themselves to another person. People did that before there was texting and e-mail!
I think there should be something to deter youngsters, it makes it easier for parents. Parents wouldn't be ok with it, why should society be ok with it?


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Re: Are YOU - legally speaking - a child pornographer?! - December 17th 2009, 11:50 PM

-Just realised I haven't really said why I don't like the way they're dealing with this law- Obviously it's not an okay thing to do, and it's illegal for a reason, a very good reason. I just don't really like the way they're dealing with these problems. The fact that minors are sending these pictures around shows they must have poor self-esteem/self-worth, I think they should have more help than being registered as a sex offender.


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Re: Are YOU - legally speaking - a child pornographer?! - December 18th 2009, 12:06 AM

Quote:
Originally Posted by CompassionateSoul View Post
Although, I don't see anyone trying hard to enforce it
Phil one of the reasons they have this law is because teens will have these pictures on their cell phones at school, and they get caught looking at nude pictures of underage teens. There in lies the problem and that is who is enforcing the law. The school has to do something about the problem of nude photos of minors being viewed at public schools. Its in the newspaper here all the time. Some kid gets caught with tons of pictures of nude girls on his phone, all being minors.




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Re: Are YOU - legally speaking - a child pornographer?! - December 18th 2009, 12:40 AM

I understand that, Lizzie. I'm saying, if the law was rightly enforced, there wouldn't be so much of it around. Yes, currently people don't really know how they are to go about enforcing it, but we have the potential to do it, so we should get on with it and find a way to effectively enforce it.
It's an attitude one would like to see much more of, then there wouldn't be petty disputes when it comes to other subjects. Sadly, things aren't that simple.


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Re: Are YOU - legally speaking - a child pornographer?! - December 18th 2009, 03:57 AM

Quote:
Originally Posted by CompassionateSoul View Post
Yes, currently people don't really know how they are to go about enforcing it, but we have the potential to do it, so we should get on with it and find a way to effectively enforce it.
It's an attitude one would like to see much more of, then there wouldn't be petty disputes when it comes to other subjects. Sadly, things aren't that simple.
The problem with enforcing it lies with how the images are sent. If it's through the Internet, then that's already being enforced. The problem is when it's communicated between people without using the Internet, such as cell phone-to-cell phone. The problem with enforcing this is the ethical, moral and possibly legal implications of doing so because it's a clear invasion of privacy. These issues would have to be negotiated around before any attempts are enforced if the law enforcement wants to ensure no shitstorms ensue. It'd mean that they can look somehow into the content of people's phones without the people's consent. It could be akin to examining the contents of one's bedroom without one allowing the law enforcement to enter and without a warrant or anything like that.
   
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Re: Are YOU - legally speaking - a child pornographer?! - December 18th 2009, 06:09 AM

Regardless of anything else, I think everyone can reasonably agree than a young teenager should not have their name put on a sex offender registry, potentially for the rest of their life, for something done without any malicious intent and without any significant harm being done to anyone else. To me that is unarguably wrong, so something about either the laws or the interpretation of the laws needs to change.


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Re: Are YOU - legally speaking - a child pornographer?! - December 18th 2009, 09:46 PM

Quote:
Originally Posted by YourNightmare View Post
The problem with enforcing this is the ethical, moral and possibly legal implications of doing so because it's a clear invasion of privacy.
Exactly, I understand that.

We have the potential to, but we're letting such problems stop us in our tracks or just ignore it, which I think is pathetic in ways.

I believe cell phone companies can track messages, it would be possible to do that. It's already done via the internet, although quite differently, so with the help of cell phone companies it could be done via telecommunications. I know that sounds big brother like, but one just needs to look around and we're being watched everywhere. Most of our electronic information, stored or sent, can be tracked, so it wouldn't make much difference. Some don't realise just how much is done already. In the UK for example, when walking in a city you're captured on a security camera within every 3 minutes (I forget which particular city that's for but it's about the same for most).
The public just don't like the idea of authorities accessing something quite personal to them, a mobile phone, which a lot of individuals wouldn't leave the house without.


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Re: Are YOU - legally speaking - a child pornographer?! - December 18th 2009, 10:02 PM

Hmm. No. I have never sent any "naughty" pictures to other people; although I am asked frequently. It's just not something I'll do.

Although yes, it's wrong to send naked pictures of yourself to people, I have to say that putting their name on the sex offender list is a bit extreme. Also, I think that it's mostly the teenage people who are doing it. No offense to teenagers, I know adults do it too. But when you're a teenager, you have hormones going crazy, and you have a lot of stress in your life. Teenage years really help people find themselves, and discover what they want the rest of their life to look like.
For all I can see, teens doing this honestly have a lot going on, and some people find naked pictures enjoyable.
Although you may not find it enjoyable;
in teen years, all of us are looking for something enjoyable to help settle pain within.


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Re: Are YOU - legally speaking - a child pornographer?! - December 19th 2009, 10:37 AM

I haven't but I think it's a pretty stupid law. It's along the same lines as if a married couple under the age of 18 took pictures or made a video or whatever.. they could be convicted. Weird.


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Re: Are YOU - legally speaking - a child pornographer?! - December 19th 2009, 09:35 PM

1) Yes, I have. Numerous times until I finally realized I'm better than that. =3

2) It's a dumb law. If the minor sends it, then they should not be able to do anything about it.
   
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Re: Are YOU - legally speaking - a child pornographer?! - December 20th 2009, 02:25 PM

My dad told me a story about this the other day.

One of his friend's daughters had her phone confiscated by her teacher and apparently in that school the teachers HAVE to look through your phone. Well this girl had some naked pictures of her boyfriend on there and her dad had to be called and stuff.

This is a clear invasion of privacy. What if the girl had naked pictures of herself on there? That's not illegal if she's just keeping them for herself but the teachers would have seen them. I just think everything's too strict these days.


   
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Re: Are YOU - legally speaking - a child pornographer?! - December 21st 2009, 07:07 PM

This is a STUPID LAW. and no I have never done it.
   
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Re: Are YOU - legally speaking - a child pornographer?! - December 21st 2009, 07:22 PM

If this is really the law then why is Vanessa Hudgens not in jail?


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Re: Are YOU - legally speaking - a child pornographer?! - December 22nd 2009, 07:24 AM

I've never sent any nude pictures of myself but I don't think it makes much sense to charge minors for sending naked pictures or sextexts. Yahh it's dumb but the only person they are really hurting is themselves and by having them be registered as a sex offender, you're only screwing up there lives even more. Parents need to spend more time teaching their children to respect their bodies and on the potential consequences of sending those kind of images and what could happen if they get in the wrong hands. At the same time I think we hype up nudity too much. It's not that serious. We all have the same sex organs....


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Cool Re: Are YOU - legally speaking - a child pornographer?! - December 22nd 2009, 10:34 AM

1. No
2. no not rreally but..

I agree with a post someone added about providing adaquate councelling and warning about the sharing of
naked pictures of themselves. Some of the issues are, if they are being circulated it contributes to the activity
and the wrong person might end up with them, post it on the web, and it downloaded to someone who would
collect pics like that. Also, it makes police work very difficult if they suspect acts of child porn taking place and
are unable to do anything about it in situations i choose not to discuss for security purposes. Another point to
make is there is no real downside for parents in implementing rules governing the sharing of images like
this at such a young age as i've heard of.

To provide a closing comment.. i wish to ask you.. and you may respond to me in this thread.. do you want those
pictures to end up on an internet site where you will never be able to have it removed?

- hope this helps some people who might otherwise support their naked bodies which might be ending up in
the search engine of their boss when they grow up to be over 40 years old
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Re: Are YOU - legally speaking - a child pornographer?! - December 22nd 2009, 05:37 PM

I want to add that even though I think the punishment is a bit extreme yes I do consider it child pornography. By sending these pictures out it could end up in the hands of a pedophile or whoever and that is child pornography. And yes they should be punished, though it should be different and less punishment than adults that take the pictures. I mean they are minors after all and I'm sure they are not intending for their pictures to end up in the hands of people they don't know. But it's still porn.


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Re: Are YOU - legally speaking - a child pornographer?! - December 23rd 2009, 05:31 AM

No, I haven't.

Yes, I think it should be punished. Not in the same way as an adult would be punished, but the simple fact is that doing so is distributing child pornography which is a serious offense.
   
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Re: Are YOU - legally speaking - a child pornographer?! - December 23rd 2009, 04:07 PM

I think this is a very tricky one. Its hard to word a law in a way that not only protects children but also takes account of free will etc. The fact is that the most important factor is the safety of the young person. However, I don't pretend to have all the answers.




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Re: Are YOU - legally speaking - a child pornographer?! - December 24th 2009, 04:42 AM

I had a 'boyfriend' once who kept trying to get me to send him a picture of myself topless. (I say boyfriend loosly here, and that's why)

This reminds me of the girl at my school who sent out naked pictures of herself all over school. It was rather funny because that girl was always a complete suck up to the teachers (yet they hate her) a bitch to everyone else, and is completely full of herself. Because in the end we all found out how she really looks... And from fear of being offensive and hurting someone here, I shall refrain from describing her. =]
I have no idea how much trouble she got in though. I know it was a lot though since I'm living in a rather bible belt type area... But she didn't leave school or anything. Which I thought was bull. She should have gotten in a LOT of trouble, not because she sent out picture of herself, but because she was doing it in school which means there were literally naked pictures of her on the floor. In a public school. Where people see that stuff. That is a tad wrong. Not everyone wants to see that.
(okay, I don't know if SHE was the one that put them on the floor, but someone did. And she originally sent them out)



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Re: Are YOU - legally speaking - a child pornographer?! - December 24th 2009, 06:10 AM

1) No I haven't.
2) I think the law is fine in a sense, but vague as others have said. I think it more depends on age then anything (IE, 13, 14, 15 year olds deff illegaly, but 16+ mostly know the consequences), if both are minors, and no adult sees it intentionally or it isn't distributed to an adult intentionally, and if they are in a relationship, I don't see the harm. But as others have stated, I think that if its done then the person(s) doing it don't have much sense of self-worth or image, and being labeled as a sex-offender just lowers it even more.

I think being labeled as a sex offender for that is just stupid, I'd even have to go so far that any under 21 to 16+ if both are in a relationship shouldn't be labeled as child pornography and warrant a listing as a sex offender, to me (I don't know what the laws are where some of you are at, so just going by mine) 16-17 can date up to 25 and consent up to 25 here legally, so whats the difference if they're together and see each other nude or otherwise or if its via pictures?
   
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Re: Are YOU - legally speaking - a child pornographer?! - December 24th 2009, 06:11 AM

sorry for the double post, had some lag up on my internet wasn't sure if it went through first time.
   
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Re: Are YOU - legally speaking - a child pornographer?! - December 24th 2009, 10:54 AM

noo way. i've had far too many friends send their boyfriends naked pics which end up straight on the net once they break up. not worth the risk of humiliation.


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Re: Are YOU - legally speaking - a child pornographer?! - December 29th 2009, 03:27 AM

Yes I have multiple times.
Everytime they were sent I was in a relationship with that person, or it was as a joke to a friend.
I find that law utterly stupid.
One of the dumbest things ever.
Child pornography to me is someone under the age of 13 who has not given concent to it.
So some person takes a bunch of pictures of children naked and sends it across the internet for the world to see.
Sending pictures of yourself naked to people you trust, is up to you.
The government really should not give a damn.
Its your own personal life and its your body.
You're giving concent to it so I believe they have no say in that.
If I want to send naked pictures, then thats my choice.
Not the governments.
And how would they find out?
Go through your text history?
That's invading your privacy.
This is exactly why I dislike the goverment.
They seem to want to controll every aspect of your life.
Now including sending pictures.
Well guess what goverment, "eff" off!
(Hahah sorry I got rebellious!)


I'll do whatever it takes to be the mistake you can't live without.

Last edited by MermaidMassacre; December 29th 2009 at 03:37 AM.
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  (#31 (permalink)) Old
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Re: Are YOU - legally speaking - a child pornographer?! - December 29th 2009, 03:33 AM

1. No.
2. I certainly think they shouldn't be doing it but there's really no reason for them to have to register as a sex offender. I mean, seriously, some people probably do it because they think their friends might be curious.
   
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Re: Are YOU - legally speaking - a child pornographer?! - December 29th 2009, 04:21 AM

1. Have you ever sent a 'naughty image' of yourself via text messaging?!
No and I never would, you never know where it can end up :/

2. Do you think the law should apply to minors who 'sextext'?!
I personally think its rather stupid to send naked pictures of yourself to people especially when you're a minor because it has a lot of consequences but being filed as sex offender is too extreme. It all depends on the situation of course, I mean, if someone took a naked picture of someone who didnt know and then proceeded to show other people, that warrants some punishment but between 2 willing people, that should be their own business. If they break up or something and one posts the pictures in a malicious way, then that should be punished too.


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Re: Are YOU - legally speaking - a child pornographer?! - December 29th 2009, 04:36 AM

1. Not when I was under 18 I didn't. But now.. maybe. But softcore and/or artistic, just in case we do break up and it does get on the net, it's not totally humiliating (heheh, in the name of art I say).

2. I think that registering a minor for distributing naked pictures of themselves as a "sex offender" (read socially as "child molester and rapist") is way too harsh of a punishment. Those images do spread like wildfire in the wrong hands, so I think it should be punished somehow, but.. not like this.


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Re: Are YOU - legally speaking - a child pornographer?! - December 29th 2009, 04:52 AM

NOOO (i haven't, would not.)

Perhaps having this law in place as it is written deters younger people from participating in these activities without having first considered the consequences and thought about possible problems which might happen.

I feel it is unlikely any child would be charged for this, however, if they do need psychological help for factors in their life which cause them to be susceptible to peer pressure to take these pictures then at least if it comes to a law enforcer they will have the power to talk to the parents about why they feel applying the law is unnecessary and suggest action the parents can take which would be supported by the officer.
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Re: Are YOU - legally speaking - a child pornographer?! - December 29th 2009, 07:16 AM

I won't comment on if i have but i wouldn't do it if i barley knew the person.

I think if your in a committed relationship with someone, then it's different then just randomly texting pictures of yourself to people.




   
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Re: Are YOU - legally speaking - a child pornographer?! - December 29th 2009, 12:11 PM

Yes I've done it. What is the law here? Not that it matters I'm not a minor anymore

I think the law should be adjusted so that situations such as a minor sending a photograph to another minor aren't punished in the same way - being put on the sex offenders register is ridiculous. A stern warning/caution should be sufficient.
   
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