A Legal Response is Necessary for Self Produced Child Pornography: A Legislator’s Checklist for Drafting the Bill

56 Pages Posted: 5 Jul 2010 Last revised: 21 Sep 2011

Susan Duncan

University of Louisville - Louis D. Brandeis School of Law

Date Written: July 5, 2010

Abstract

This Article explores self produced child pornography, known in the media as “sexting,” and offers a balanced, multi-faceted approach including both a legal response and education. Currently, states are modifying their laws because applying existing child pornography statutes to self produced child pornography results in a punishment which does not fit the crime. The author analyzes and critiques these proposed statutes finding none adequately address the multiple facets of the self produced child pornography problem. The Article concludes by offering a checklist of important provisions legislators should consider and proposed language legislators can incorporate into their bills. Policymakers and scholars will gain an excellent summary of both the problem and the arguments advanced by scholars studying the issue, as well as a template for solving the problem after reading this Article.

Keywords: sexting, pornography, computers, crime

JEL Classification: K10

Suggested Citation

Duncan, Susan, A Legal Response is Necessary for Self Produced Child Pornography: A Legislator’s Checklist for Drafting the Bill (July 5, 2010). Oregon Law Review, Vol. 89, No. 2, p. 645, 2011; University of Louisville School of Law Legal Studies Research Paper Series No. 2011-08. Available at SSRN: https://ssrn.com/abstract=1635067

Susan Duncan (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States
502-852-6373 (Phone)
502-852-0862 (Fax)

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