October 2008 Archives

Children producing and distributing their own child pornography has long been a dream of child porn devotees and a nightmare for parents and law enforcement. Not surprisingly, digital technology combined with ease of distribution through social networks and e-mail has made this theoretical threat to children a sad reality.

This disturbing trend, most recently profiled at Wired, raises some thorny legal issues. As anyone who has followed this blog knows, I am no fan of child pornography or child exploitation, even calling for the execution of those found guilty of child rape.

Homemade child porn which is directed, created, and distributed by the usually willing teenage participants (who may be engaging in sexual activity which is completely legal in their state depending on the age of consent) puts us in new and largely uncharted legal territory. . . .

I know that I am once again courting controversy on this topic, but here it goes anyway.

Last week the Supreme Court declined to reconsider its controversial June ruling in Kennedy v. Louisiana which sounded the death knell for the death penalty for child rape.