New South Wales Sexting Laws Essay

1057 words - 5 pages

New South Wales sexting laws are so badly written they should be reformed.
Sexting is the act of taking naked or partly naked photos or videos of yourself or another person (posing in a sexual way) and sharing the photos or videos with others using a carriage service, such as the Internet and/or mobile 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 deliberation, in particular that sexting laws wrongly criminalise young people. In addition, there are inconsistencies with the age of sexual consent at state and federal levels, and young people face harsh and uncorresponding punishment to the crime they have committed.
Although there are multiple arguments that support the potential reform of New South Wales sexting laws, there are some points that dispute it. Real child abusers exercising loopholes to avoid prosecution and are both factors contributing to the reluctance to reform state and national sexting laws.

Firstly, sexting laws were created to convict child abusers and to protect children from child abusers, not to convict young people.
When sexting laws were created, lawmakers did not consider that young people would participate in sexting; this was an unknown concept. The laws were passed and are presently able to criminalise young people under a law initially designed to convict child abusers.
The criminal act of young people sexting should not be in the same category as child pornography crimes. Both crimes are somewhat similar: sexting can involve the same amount of physical and mental exploitation of a young person as does child pornography. However, these crimes are sisters not twins. They each have similar qualities but they cannot be considered the same crime and therefore cannot be criminalised under the same law. A teenager sexting is in a completely different context to an older man or woman kidnapping and sexually abusing a child.
The difference in nature of these crimes is a clear indication that sexting laws should be reformed.

Secondly, an inconsistent age of sexual consent at national and state levels is another reason why sexting laws should be reformed.
In New South Wales, the age of sexual consent is 16, as is the age of consent to sexting, However, Commonwealth law overrides this, which states that the age of consent to sexting is 18.
For example, a couple in New South Wales who are both 17 years old consensually sext each other. The images exchanged are not distributed and are kept private between the couple. Yet, by Commonwealth law, the couple can be convicted under child pornography laws.
If the same principle was applied to sexual intercourse, two 17 year olds in NSW who both consent to sex can be convicted of a child sex offence, as the Commonwealth age of consent would override the state age of consent. This naturally is not the case, but why is sexting between young people...

Find Another Essay On New South Wales Sexting Laws

Sexting: Is It Child Pornography? Essay

1382 words - 6 pages laws and prosecute the teenagers as sex offenders. In a few states sexting is now illegal and about 20 states are making it a criminal act. States that are known to prosecute sexting are Indiana, New York, Ohio, Pennsylvania, Wyoming, and Virginia (LaMance). There is not much educational information that is provided to teen in relation to sexting, so it must come from the parents. Parents need to become more technology knowledgeable, keep up with

Sexting Law Reform Essay

1406 words - 6 pages school student, Jesse Logan, who sent nude photos to her boyfriend who then sent them to other students who harassed her until she committed suicide.2 Currently, there are laws in place against minors sexting and sexting to minors and they fall under the child pornography category. While the laws are intended to protect minors from sexual predators, what most minors do not understand is that they are subject to them as well. This means that, if

Consequences from Pushing Send

1456 words - 6 pages Consequences from Pushing Send Sex and cell phones have become the way of the world. Our society has made sex look as if it is okay to do it when one wants and how one wants. For instance, a problem has developed among our youth in sending personal photos through text messaging. This has led to what we call “sexting.” When a child or teen sends this type of photo, do they actually know whose hands it will fall into? Therefore, sexting has

Places Around the World: Wales (Cymru)

1894 words - 8 pages . Medieval Wales brought some of the most famous castles in the UK, as I mentioned before in the tourism paragraph. The Kingdom of Wales was annexed to the UK during the Laws in Wales Acts in around 1535. Now in modern Wales, religions that have been left over from its history are boiled down to Christianity. Wales is almost 60% Christian, mainly the Church in Wales (comparable to the Church of England). Other denominations are scarce that fall under

cell

1286 words - 6 pages ) have shared nude or semi-nude pictures of themselves either via text or by posting online (Matte, n.d.). If caught sexting, it can lead to legal prosecution, whether they are victims, perpetrators, or consensual participants (Hasinoff, 2012). Regardless of one’s age or consent to the sexting, it is illegal to produce, possess, or distribute explicit sexual images of anyone under 18. Under US, federal and state laws, all parties involved in

The gradual transfer of legislative power from the imperial government to the colonies, States and the Commonwealth

2510 words - 10 pages the Governor. In addition, the Council had control over local appropriation of revenue. However, the New South Wales Governor could appoint members to the Legislative Council to fill temporary vacancies, retained the sole power to initiate proposed laws and veto amendments from the Council.Proposed laws had first to be certified by the Chief Justice of the Supreme Court as compatible with English law, and each proposed law was required to be set

Trust

2560 words - 10 pages Australia in 1771, Captain Arthur Phillip settled Australia in 1788. In 1788 New South Wales was first classified as a "?settled colony' and received law from the rule of England. The colonies legal system was confined to maintaining discipline among convicts and military guards. In 1814 the first Supreme Court of Australia, in New South Wales was established to hear only civil matters. The opening of the New South Wales Supreme Court marked the

Investigating The Reasons for the Original Location of the Iron and Steel Industry in South Wales

2632 words - 11 pages , cheaper steel than manufacturers in the UK as they are receiving extra money. For example, money from the European Investment Bank has been provided towards the building of the Taranto steel works in Southern Italy. This better quality, inexpensive steel is therefore preferable to the UK produced steel, and has aided the decline of the steel industry in South Wales. There have also been new producers, such as those in

Australian History

1159 words - 5 pages laws and assures they are being applied correctly in certain situations. Although the Commonwealth of Australia is a country its six individual states (South Australia, New South Wales, Victoria, Queensland, Western Australia and Tasmania) kept the right to make their own individual laws. However these laws must not already be contained within the Australian constitution. The six states of Australia also have local governments, which are

Cell Phones for Children: A Clear and Present Danger

1591 words - 6 pages explicit sexual images of anyone under 18. Under the United States, federal and state laws, all parties involved in explicit teen sexting are potentially child pornography offenders. The current line of thinking is that girl’s especially are more likely to send an adult picture not understanding that the picture may go viral. A picture sent to a friend in confidence can pass through the entire school by morning. An explicit picture message sent

Industries – Industries in the South Wales Valleys

507 words - 2 pages References:Used "Wider World" GCSE Geography Text Book by David WaughUntil the Mid Nineteen Century, South Wales were known for its natural beauty. Artist found the valleys an ideal place to paint, but not long, businessmen also found it an ideal place – but for industries. The industrial revolution converted the South Wales Valleys into the world’s factory of coal and iron ore. The raw materials on the valleys brought industries to

Similar Essays

The Taxi Industry In New South Wales

746 words - 3 pages The Taxi Industry in New South Wales has been one that has involved very little competition within its market, allowing prices for its services to be quite high. Now, however with the advancing technology, the rise of App-based taxi or Ride Sharing services such as Uber threaten to provide substitutes to customers increasing competition in the Taxi Industry. The NSW Taxi Industry is somewhat run by the NSW Government (Abelson). There are three

The Art Gallery Of New South Wales: A Virtual Experience

1916 words - 8 pages setting isolated from exterior meanings, ‘the white cube’ *(article). Essential to his theory is the relationship between content and context of an artwork, where limitations of ‘the white cube’ model excludes context. With extensive virtual visual and textual features, websites like the Art Gallery of New South Wales (AGNSW) website can provide auxiliary insights into the art displayed in the gallery. The threat of these simulating and replacing

The New South Wales Teacher's Dispute Of 2003 2004 Analysis Of A Recent Australain Industrial Relations Dispute

5339 words - 21 pages underlying triggers were the demands of the dissatisfied NSW teacher fraternity for a 25% wage increase and better working conditions, and their request for greater parity in wages between the public and private sectors. There were several actors involved in the dispute and these included: New South Wales teacher's (particularly those from the public sector), the union representative of NSW teachers (NSW Teacher's Federation), the current NSW State

Sextually Active Essay

2504 words - 11 pages pictures on his phone, his life could potentially be ruined forever due to the risk of prosecution. Minors in many parts of the country can be charged with possession of pornography or even be registered as sex offenders if they have nude or semi-nude photos on their phones (Birdsong). While every state “varies in its degree of enforcement,” each state has laws against sexting (Birdsong). This means that no matter where somebody lives, he can be charged