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Essay / Sexting Laws in New South Wales - 914
The sexting laws in New South Wales are so poorly written that they should be reformed. Sexting is the act of taking nude or partially nude photos or videos of yourself or another person (posing in a sexual manner) and sharing the photos or videos with other people using a sexting service , such as the Internet and/or mobile phones. Commonwealth laws make it a crime for anyone under the age of 18 to engage in sexting. The contemporary issue of sexting has sparked much debate, particularly that sexting laws wrongly criminalize young people. Additionally, there are inconsistencies regarding the age of sexual consent at the state and federal level, and youth face harsh penalties unrelated to the crime they committed. While there are many arguments for possible reform of sexting laws in NSW, there are some points that challenge it. Actual child molesters exploit loopholes to avoid prosecution and are two factors contributing to the reluctance to reform state and national sexting laws. First, sexting laws were created to convict child molesters and to protect children from child molesters, not to convict young people. laws were created, legislators did not consider that young people would participate in sexting; it was an unknown concept. The laws were passed and are currently able to criminalize young people under a law originally designed to convict child molesters. The criminal act of sexting among young people should not be in the same category as child pornography crimes. The two crimes are somewhat similar: sexting can involve the same degree of physical and mental exploitation of a young person as child pornography. However...... middle of article ...... technology can be developed that reformed sexting laws would not cover. This generation revolves around technology and revolutionary technological developments are constantly being made. If sexting laws were to be reformed, consider the magnitude of technological development that would occur in the time frame allowed to reform a law. The Australian Law Reform Commission (ALRC) conducts one to two inquiries per year. These investigations can even fail in Parliament. In summary, reforming sexting laws may seem redundant as the law reform process takes a long time. Thus, new technology that might be created, but which is not covered by the reformed law, could exempt some violators from prosecution. The issue of no limit to technological development but a temporal restriction of legislative reform contributes to the reluctance to reform sexting laws..