Oregon Law Review : Vol. 89, No. 2, p.645-700 : A Legal Response Is Necessary for Self-Produced Child Pornography: A Legislator’s Checklist for Drafting the Bill
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Date
2010
Authors
Duncan, Susan Hanley
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon Law School
Abstract
This Article joins the dialogue concerning the proper response to
underage individuals taking and sharing sexually explicit images
of themselves. The dialogue recently began with only a handful of
law review articles published on the topic. The debate thus far
centers on whether naked images that underage individuals take of themselves should be prosecutable or whether the proper response is
to decriminalize this behavior. Because such images meet the
definition of child pornography, this Article advocates for a legal
response in addition to education. Like traditionally created
pornography, self-produced child pornography may lead to serious
and lasting physical and emotional consequences for its participants.
The State has a compelling interest in protecting the well-being of its
minors, which justifies a legal response to child pornography, whether
or not it is self-produced. In addition, society as a whole suffers
when teenagers produce child pornography that is distributed and
possessed not just by other teens but perhaps by pedophiles as well.
Description
56 p.
Keywords
Child pornography -- Law and legislation
Citation
89 Or. L. Rev. 645 (2010)