Delineating victims from perpetrators: Prosecuting self-produced child pornography in Youth Criminal Justice Systems

Abstract

Video recording technology advancements and accessibility has been paralleled by a growth in selfproduced child pornography (SPCP). Although social and judicial attention has been given to instances of teenage sexting, Internet-based forms of SPCP, such as webcam/website sex tourism, have almost been ignored. While some of the proposed legislation reform has referenced video-based SPCP, the majority has focused on SPCP distributed through cellular phones; excluding that which is manifested online or through entrepreneurial efforts. The purpose of this article is to introduce nonsexting SPCP, using the case study of Justin Berry (in the United States), and to propose a broad punishment, education, and counseling response from youth criminal justice systems (YCJS). Recommendations are meant as a starting point, framed with multiple YCJS structures, the duality of victim and perpetrator, the justice and welfare approaches to juvenile justice, and the United Nations Convention on the Rights of the Child in mind. _____________________________________________________________________