Legal Age Porno Teenagers
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Legal Age Porno Teenagers
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It is not usually illegal for someone who is under 18 to watch porn on the internet.
It is illegal to show porn to people who are under 18. This means that if a young person is showing another young person a porn video, they could be committing an offence.
It is illegal to watch porn if the people in the video are or appear to be under the age of 18.
Although it is not illegal, viewing porn that is violent or abusive or watching porn to the point of compulsion can cause problems.
Technically it is illegal to upload a video of someone having sex online because these videos are usually classified as X18+ (and there is some content that is completely refused classification due to its offensive and violent nature). This means that the Australian Communications and Media Authority can request that it is removed.
Disclaimer: This information is a general guide only. It is not legal advice. For legal advice on a particular situation, contact Legal Aid WA .
Mr Dekas is seeking a High Court hearing with a young woman who is also concerned
Ava Vakil is also calling on the government to enforce age restrictions on porn sites
A father and a student campaigner are seeking a High Court hearing to consider whether the government should tighten youngsters' access to porn.
Ioannis Dekas and Ava Vakil want the government to implement proof of age for access to pornography promised in the 2017 Digital Economy Act.
It comes as new research suggests the majority of 16 and 17-year-olds in the UK have recently seen pornography.
The government is currently preparing a new Online Harms Bill.
This bill would go further than the Digital Economy Act, giving the watchdog, Ofcom, powers to block access to online services - including social media platforms and search engines - which fail to do enough to protect children.
It is expected to be put before Parliament later this year.
Ioannis Dekas, a father of four sons, became concerned after he found one of his boys had accessed pornography.
He said this was a wake-up call for him and his wife as parents, making them confront the potential danger to their son and the impact on them all as a family.
"In the two weeks leading up to this moment, we'd noticed a drastic change in his behaviour, withdrawal, a sense of anger towards his siblings, we could sense frustration in his life."
When he and his wife talked to their son, they found he was under peer pressure to be familiar with the language of porn.
"What I don't often hear is how to deal with this. What happens in your household when this happens? With the availability, it's not a matter of if, but of when."
Mr Dekas wants the government to put in place the age verification requirements set out in part three of the Digital Economy Act - a law that was passed in 2017.
However, in 2019, the then Digital Secretary Nicky Morgan said the measures would no longer go ahead, with efforts instead focused on the government's wider Online Harms Bill.
But Mr Dekas says that this bill still has to be brought before Parliament, and may be delayed if detailed regulations need to be drawn up.
In the meantime, children are being exposed to pornography, he says, when they could be protected using the Digital Economy Act's full powers.
Mr Dekas is bringing the challenge jointly with 20-year-old University of Oxford student Ava Vakil, whose letter about what she described as a culture of sexual violence in some schools went viral online.
Ms Vakil told the BBC: "I think porn is everywhere, and growing up as a young woman I've seen the influence of that.
"I think young men are ingesting pornography online to an extent that people aren't aware of.
"I'm sure everyone, and particularly young women, can look back on so many conversations they've had with boyfriends and male friends and think 100% it was impacted by porn."
The Department for Digital, Culture, Media and Sport said it would not be appropriate to comment on legal proceedings.
A spokesman said the government was committed to protecting children from harmful content.
The legal action comes as research from City, University of London found many teenagers had seen porn.
Prof Neil Thurman conducted a survey of more than 1,000 16 and 17-year-olds in the UK, using a panel from the specialist market research company Youthsite.
While 63% said they came across porn on social media, 47% said they had also visited porn websites.
The research suggests the government's approach of widening the range of legislation to more platforms is right, Prof Thurman said.
More worryingly, 46% had used technology that disguises identity when browsing online, such as a virtual private network, and which could allow evasion of age verification.
However, Prof Thurman said this was not a reason not to regulate access.
"It doesn't mean we shouldn't bring in legislation," he said. "Firstly I think it would reduce accidental exposure, particularly for younger children and teenagers, and it does send a signal, not present at the moment, that they are accessing something inappropriate for their age group."
Vanessa Morse, head of the Centre to End All Sexual Exploitation, said there was a "wealth of evidence" to show that viewing pornography led to harmful sexual attitudes and behaviours.
"The government's own research, which it published this year, showed an association between porn consumption and real world violence against women. It's no surprise considering one in eight porn videos contains sexual violence," she said.
"Pornography has made violent acts in sex completely normalised."
A new report by the internet safety body, Internet Matters, looking at children's use of technology during lockdown has found that although the internet had a positive impact on how children learn and socialise, parents also reported a rise in the amount of online harms children experienced.
A survey of 2,000 parents in the UK in March this year suggests a 39% increase in the sharing of sexual images among children since January 2020.
Psychologist Dr Linda Papadopoulos, ambassador of Internet Matters, says "as children have come to rely on technology more than ever during the pandemic, and therefore spending sometimes several hours a day online, it also gives them increased exposure to all of the risks that go with it."
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18 U.S.C. § 2251- Sexual Exploitation of Children
(Production of child pornography)
18 U.S.C. § 2251A- Selling and Buying of Children
18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors
(Possession, distribution and receipt of child pornography)
18 U.S.C. § 2252A- certain activities relating to material constituting or containing child pornography
18 U.S.C. § 2256- Definitions
18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States
Images of child pornography are not protected under First Amendment rights, and are illegal contraband under federal law. Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.
Notably, the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.
Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce (See 18 U.S.C. § 2251; 18 U.S.C. § 2252; 18 U.S.C. § 2252A). Specifically, Section 2251 makes it illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for purposes of producing visual depictions of that conduct. Any individual who attempts or conspires to commit a child pornography offense is also subject to prosecution under federal law.
Federal jurisdiction is implicated if the child pornography offense occurred in interstate or foreign commerce. This includes, for example, using the U.S. Mails or common carriers to transport child pornography across state or international borders. Additionally, federal jurisdiction almost always applies when the Internet is used to commit a child pornography violation. Even if the child pornography image itself did not travel across state or international borders, federal law may be implicated if the materials, such as the computer used to download the image or the CD-ROM used to store the image, originated or previously traveled in interstate or foreign commerce.
In addition, Section 2251A of Title 18, United States Code, specifically prohibits any parent, legal guardian or other person in custody or control of a minor under the age of 18, to buy, sell, or transfer custody of that minor for purposes of producing child pornography.
Lastly, Section 2260 of Title 18, United States Code, prohibits any persons outside of the United States to knowingly produce, receive, transport, ship, or distribute child pornography with intent to import or transmit the visual depiction into the United States.
Any violation of federal child pornography law is a serious crime, and convicted offenders face severe statutory penalties. For example, a first time offender convicted of producing child pornography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison. A first time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. § 2252, faces fines and a statutory minimum of 5 years to 20 years maximum in prison. Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation. In these circumstances, a convicted offender may face up to life imprisonment.
It is important to note that an offender can be prosecuted under state child pornography laws in addition to, or instead of, federal law.
Steven J. Grocki
Chief, Child Exploitation and Obscenity Section
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