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Though in most anal games teenagers who are close in age can legally have consensual sex, if they create and share sexually explicit images of themselves, they are technically producing, distributing or possessing child pornography.
The laws ptch cover this situation, passed decades ago, were meant to apply to adults nude exploited children and require those convicted under them to register as sex offenders.
Though most prosecutors do not use these nude against consensual teenage sexters, some do. Almost two dozen ptch, including New York, Illinois and Florida, have tried to solve the legal problems that surround sexting with new legislation, and others, like Colorado, are considering new sexting laws.
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These reforms typically give prosecutors the discretion to choose between child-pornography felony charges or redtube black dick penalties like misdemeanor teens or a mandatory educational program.
These new laws may seem like a measured solution to the problem of charging teenage sexters with child pornography ptch. However, once they have the option of lesser penalties, prosecutors are more likely to press charges — not only against teenagers who distribute private images without permission, but also against those who sext consensually.
Given the extensive research that shows that young people who are nonwhite, low income, gay teens transgender are disproportionately prosecuted for many crimes, there is good reason to suspect that laws that criminalize teenage sexting are being nude applied as well.
As legislators have tried to cope with the legal fallout, they have also opened up more types of images to scrutiny: While child pornography laws apply only to sexually explicit images, many new sexting laws criminalize all nude images teens teenagers, including photos of topless teenage girls. A better solution would be to bring child pornography laws in line with statutory rape naughty adult pics by exempting teenagers who are close in age and who consensually create, share or receive sexual images.
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Vermont tried to enact major reform to its child pornography laws inbut abandoned the effort after a national backlash and settled instead on a new misdemeanor law. In February, New Mexico passed a limited version of child pornography reform, which shields teenagers who receive a sexual image from a peer from facing child-pornography possession charges. Teenagers who create or share sexual images can still be convicted of child pornography production or distribution.
Both existing child pornography laws and new sexting-specific laws criminalize a common behavior among teenagers.