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Child Pornography: Think Before You Send Those Nudes

In the age of social media and technology, teenagers tend to find themselves taking accidental roads that are so often dangerous. That isn’t a huge shocker. We’ve been doing it since the beginning of time. However, now we can find ourselves being subjected to malicious people throughout schools that, if in the right situation, are willing to attempt to ruin us in a matter of minutes or even seconds. In this instance, I am speaking on the behalf of “nudes” in an adolescent, high school environment.

Over the course of my two high school years, I have witnessed my own friends be exploited online for attention.

Their nude photographs that they sent to their boyfriends out of confidentially were turned into a high school gossip column. They were exploited and embarrassed for cheap laughs. Naturally, they took action and reported the innocent to people in positions of power. What happened after that was a blur to me; I lost touch with them over time and wasn’t going to bring up a horrible situation in their lives for an article.

Situations where teens have sent nudes photos of themselves have been happening all too often recently with some even becoming major news headlines. However, I don’t think people – or teens, specifically, understand the seriousness of a minor sending nude photographs to people online.

Obviously being teens makes us minors, and, if you didn’t know, anyone under 18 years of age in connection with nude photographs of them is against the law and considered child pornography. Every state has their own independent laws regarding child pornography so please do go on Findlaw to find out the laws in your respective state. Due to the fact that I live in California, I will be discussing the state’s laws and penalties, but I will also discuss topics that might be useful universally.

What laws are active for child pornography?

There are four main categories that were created to protect children; Child Abuse, Child Pornography, Child Abandonment and Statutory Rape. In connection with child pornography, there are 5 varying federal laws which all address it; there is 18 U.S.C. § 2251 and 2251A, which protects the exploitation of children from the distributors, creators and legal guardians in charge of the child; 18 U.S.C. § 2252 and 2252A, protects children anything relating material involving the sexual exploitation of minors; 18 U.S.C. § 2260 protects children against the “production of sexually explicit depictions of a minor for importation into the United States.”

What is considered child pornography?

Anyone under the age of 18 displaying sexual conduct through photos and film is considered to be child pornography. Where it might be tricky is consent between spouses. An example used on Shouse California Law Group is “if a 17-year-old is married to a 19-year-old, a video of the two of them having sex will not count as ‘child pornography.'”

What happens if someone is caught with child pornography?

Any control of child pornographic material is considered to be against the law. However, whilst in trial, a prosecutor must prove that the defendant was knowingly in possession of the material. In California, any first-time offender of producing child pornography can spend 15 to 30 years in prison. Someone in possession of the material is not only considered a felon but must register through the Sex Offender Registration Act. Anyone escorting child pornography through the state of California may be sentenced to one year in prison and/or up to $2,000. If the defendant has previous convictions similar to the conviction, the court may require a fine of up to $50,000.

How can I prevent this from happening to me?

Being a teenager myself, I understand that sometimes things get carried away and you do things without thinking it out thoroughly. However, think about yourself and what would happen if photos and/or videos of you surfaced online. Sure, the laws will protect you but how will you feel? Embarrassment will not be eliminated all so easily.

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