New South Wales sexting laws are so poorly written 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 others using a carrier service, such as the Internet and/or telephones cell phones. Commonwealth laws state that it is a crime for a person under the age of 18 to participate in the act of sexting. The contemporary issue of sexting has presented many points of contention, most notably that sexting laws wrongly criminalize young people. Additionally, there are inconsistencies with the age of sexual consent at the state and federal levels, and young people face harsh punishments that do not match the crime they committed. While there are multiple arguments in support of potentially reforming New South Wales' sexting laws, there are some points that challenge it. Real child abusers exercise loopholes to avoid prosecution, both of which contribute to the reluctance to reform state and national sexting laws. First, sexting laws were created to convict perpetrators of child abuse and to protect children from perpetrators of child abuse, not to convict young people. laws were created, legislators did not consider that young people would participate in sexting; this was an unfamiliar concept. Laws have been passed and are currently capable of criminalizing youth under a law initially designed to convict perpetrators of child abuse. The criminal act of sexting among youth should not be in the same category as child pornography crimes. Both crimes are somewhat similar: sexting can involve the same physical and mental exploitation of a young person as can child pornography. However…half of the paper…technology could be developed that reformed sexting laws would not cover. This generation revolves around technology and revolutionary developments in technology are constantly being made. If sexting laws were to be reformed, consider the amount of technological development that would occur in the time frame allotted to reform a law. The Australian Law Reform Commission (ALRC) completes one or two investigations in a year. These investigations may not even succeed in Parliament. In summary, reforming sexting laws may seem redundant as the law reform process takes a long time to complete. Thus, a new technology that could be created, which is not covered by the reformed law, could exempt some offenders from prosecution. The issue of not limiting technological development but limiting time for legislative reform contributes to the reluctance to reform sexting laws.
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