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32 Hastings Comm. & Ent. L.J. [i] (2009-2010)

handle is hein.journals/hascom32 and id is 1 raw text is: HASTINGS COMMUNICATIONS
AND ENTERTAINMENT LAW JOURNAL
CoMM/ENT
Volume 32, Number 1
TABLE OF CONTENTS
ARTICLES
WHEN SEX AND CELL PHONES COLLIDE: INSIDE THE
PROSECUTION OF A TEEN SEXTING CASE
by Robert D. Richards & Clay Calvert ...................................... 1
The high-tech phenomenon of teen sexting, which is now
garnering mainstream media attention, is pushing and straining
traditional legal notions of what constitutes child pornography. As teens
take sexually provocative photos of themselves and send them off to
other teens via cell phones, some prosecutors are charging them as child
pornographers. This article pivots on an exclusive, in-person interview
conducted in Florida by the authors in May 2009 with attorney Lawrence
Walters and his client Phillip Alpert, who sexted a nude photo of his
girlfriend when he was 18 years old. Alpert was charged under child
pornography laws and, today, is treated as a registered sex offender. This
article uses Alpert's tragic case to lay bare the problems with treating
teen sexting as child pornography.

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