Instruction
hey there, i want you to write me no less than 2 pages and no more than 3 pages answer this question: Should juveniles be prosecuted for the offense of SEXTING?
To effectively answer this question and complete the AP #1 assignment:
you must know the law
the prevalence of youth sexting
whether the behavior is harmful
if prosecution serves the intended purpose of preventing child pornography
INTRODUCTION (information in this introduction is to help you understand the problem and the topic of the AP. This information is not to be used as part of your argument). In Ohio, it is a crime to create, reproduce, advertise, buy, sell or possess any sexual material involving a minor (see the full text of the law below). Someone who sexts can be charged with pandering, obscenity involving a minor, child endangerment, possessing nude images of a child, harassment and bullying, and other crimes. If a girl sends a picture to her boyfriend, both can be charged with sexting. If the boyfriend then forwards the image to his buddy, the buddy can be charged. Charges can be brought under both state and federal law, and children and their parents can also be sued based on sexting-related behavior.
Are juveniles really prosecuted for disseminating child porn through sexting? Prosecutors use their discretion, so they may or may not prosecute minors for child pornography, but it does happen. In the Cleveland suburb of Macedonia, several middle-schoolers were caught in December of 2014 engaging in a competition to see who could obtain the most nude photos of female classmates. During the competition, six girls sent nude images of themselves to several boys. Although no one involved was charged with a crime, the students were put in a diversion program. They were ordered to clean the police station and police cars, and warned to stay out of trouble for a year. However, in August of 2014 the Ohio Court of Appeals for Wood County upheld the conviction in juvenile court of M.W., who sexted images of himself having sex with a girlfriend. M.W. was found guilty of violating O.R.C. 2907.321, pandering obscenity involving a minor, a second-degree felony, and was ordered to register as a juvenile sex offender.
There are 8 relevant resources included for you to use in responding to this AP. The first is ORC 2907.321 included below. The other 7 relevant resources are contained in the folder on Moodle marked AP #1. THIS PAPER REQUIRES A MINIMUM OF 3 RELEVANT RESOURCES. You are welcome to use any of the 7 relevant resources in the AP #1 folder. If these resources do not help you in writing your position on this paper you should access https://scholar.google.com and using the drop down arrow identify your key words and limit the date range from 2012 2017. I highly recommend you read the court case In re: M. W. from the Court of Appeals of Ohio Wood County (filed in the AP #1 folder).
REMEMBER- relevant research are empirical articles from Journals with a publication date of 2012 2017. Legal cases AND legislation/laws are also relevant research sources and may be older than 2012 due to the concept of precedence. I will not accept any other forms of research for the AP papers.
i want you to use just this resources:
2907.321 Pandering obscenity involving a minor.
(A) No person, with knowledge of the character of the material or performance involved, shall do any of the following:
(1) Create, reproduce, or publish any obscene material that has a minor as one of its participants or portrayed observers;
(2) Promote or advertise for sale or dissemination; sell, deliver, disseminate, display, exhibit, present, rent, or provide; or offer or agree to sell, deliver, disseminate, display, exhibit, present, rent, or provide, any obscene material that has a minor as one of its participants or portrayed observers;
(3) Create, direct, or produce an obscene performance that has a minor as one of its participants;
(4) Advertise or promote for presentation, present, or participate in presenting an obscene performance that has a minor as one of its participants;
(5) Buy, procure, possess, or control any obscene material, that has a minor as one of its participants;
(6) Bring or cause to be brought into this state any obscene material that has a minor as one of its participants or portrayed observers.
(B) (1) This section does not apply to any material or performance that is sold, disseminated, displayed, possessed, controlled, brought or caused to be brought into this state, or presented for a bona fide medical, scientific, educational, religious, governmental, judicial, or other proper purpose, by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, prosecutor, judge, or other person having a legal and proper interest in the material or performance.
(2) Mistake of age (of the person portrayed in the image) is not a defense to a charge under this section.
(3) In a prosecution under this section, the trier of fact may infer that a person in the material or performance involved is a minor if the material or performance, through its title, text, visual representation, or otherwise, represents or depicts the person as a minor.
(C) Whoever violates this section is guilty of pandering obscenity involving a minor. Violation of division (A)(1), (2), (3), (4), or (6) of this section is a felony of the second degree. Violation of division (A)(5) of this section is a felony of the fourth degree.
Effective Date: 03-17-1989.