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Daring to bare all gave Gavin a confidence boost, he insists, but his family were not as happy with the broadcast.He added: “My sister wants to kill me and I don’t think my Mum and Dad are very happy.
At that point, sexting is neither consensual nor innocuous.
One may have any number of personal objections to sexting, but as long as sexted images are taken voluntarily and shared consensually, it is none of the government’s business.
Further, current law penalizes harassment in underage sexting cases just as harshly as the perpetrator.
Take, for example, the scenario where a minor sends a nude picture to his or her partner and the partner later forwards the image to friends and classmates after the couple breaks up.
The second sender is clearly the bad actor, but the law treats everyone involved the same, and both can be convicted of a felony.
In fact, the friends and classmates who received the picture can be convicted of felonies, too, even if they never asked for the picture to be sent to them.
Because child pornography laws were not intended to address sexting, the legal consequences for teens engaging in sexting are truly bizarre.
Devoted partners sharing an intimate photograph face the same punishment as a bully who maliciously sends a naked picture of an ex to the entire school.
For minors, unfortunately, sexting is an entirely different matter.
Child pornography laws, originally designed to protect children from adult predators, criminalize both consensual and non-consensual sexting where the person in the photo is under 18. One cannot understate the severity of these penalties when applied to the very minors the law was intended to protect from exploitation.
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