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
Duncan, Susan Hanley
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.