Split 2nd Cir. Upholds Coach’s 30-Yr. Sentence For Sexting Child Porn, Guidelines Called for Life
National Law Journal: A divided federal appellate court has affirmed the 30-year prison sentence given to a former field hockey coach for soliciting pornographic images from a girl he coached and sharing them with another teen girl with whom he sought to have sex. | United States v. Broxmeyer, 10-5283-cr
Law Review: How the state can prevent unintended consequences in punishing sexting by minors
“Minors and young adults who engage in sexting face serious, and often unanticipated, psychological and reputational consequences. While the current state response to sexting between minors and between young adults is inappropriate, the state can intervene in several innovative ways to educate minors and young adults about the consequences of primary and secondary sexting, impose appropriate penalties on minors who engage in primary and secondary sexting, and recognize and support appropriate remedies for minors and young adults who are victims of secondary sexting.”
Legal Periodical: Sensible Legal Approaches to Teenagers’ Exchange of Self-Produced Pornography
Stemming Sexting: Sensible Legal Approaches to Teenagers’ Exchange of Self-Produced Pornography
Elizabeth C. Eraker, 25 Berkeley Tech. L.J. 555 (2010)
Case highlights inconsistency between N.Y. statutory rape laws, federal child porn laws
Law.com: “A federal appeals panel has thrown out a child pornography conviction that was based on explicit photographs texted by a 17-year-old to her field-hockey coach. The 2nd U.S. Court of Appeals held there was no evidence that defendant Todd Broxmeyer asked 17-year-old ‘A.W.’ to take the pictures, and therefore no evidence that he ‘produced’ them as defined by the federal child pornography statutes.” | USA v. Broxmeyer, No. 09-1457-cr (2nd Cir. Aug. 3, 2010)
3rd Circuit: Prosecutor’s offer of leniency to teens for sexting is unconstitutional retaliation
Miller v. Mitchell, No. 09-2144 (3rd Cir. March 17, 2010)?
Law Review: Solutions to the Legal Dilemma Caused by Sexting
Average Teenager or Sex Offender? Solutions to the Legal Dilemma Caused by Sexting
Shannon Shafron-Perez, 26 J. Marshall J. Computer & Info. L. 431 (2009)
“This Comment broadly considers the failure of the law to adapt to developments in technology and communication, untangles the different approaches taken by a sample of states, and considers which legal remedy is most appropriate.”
Ohio Supreme Court: Law banning electronic transmission of pornography is limited to “personally directed” electronic communications
Am. Booksellers Found. for Free Expression v. Cordray, Slip Opinion No. 2010-Ohio-149 (Ohio Jan. 27, 2010)
‘Sexting’ Case to Take Center Stage at 3rd Circuit
“The case is the first in the country to challenge the constitutionality of bringing child pornography charges in the context of sexting.”
Law Review: When Children Become Child Pornographers and the Lolita Effect Undermines the Law
Sex, Cell Phones, Privacy, and the First Amendment: When Children Become Child Pornographers and the Lolita Effect Undermines the Law
Clay Calvert, 18 CommLaw Conspectus 1 (2009)
“It is a sure-fire recipe for legal trouble: combine hormone-raging teens with image-transmitting technologies, and then stir them together in a sex-saturated society replete with outdated laws and a criminal justice system that never could have anticipated such a combustible confluence of forces. Signs and symptoms of this salacious problem are cropping up across the United States.”
When Sex and Cell Phones Collide: Inside the Prosecution of a Teen Sexting Case
When Sex and Cell Phones Collide: Inside the Prosecution of a Teen Sexting Case
Robert D. Richards and Clay Calvert, 32 Hastings Comm. & Ent L.J. 1 (2009)
“To provide a better and unique perspective on sexting and the legal issues it raises for teenagers, this article provides an inside and in-depth examination of one sexting case.”
