Sexting by Legal Realist

So the group last week touched on the topic of Sexting and a lot of you have also touched on it too. I have actually seen this on the news and realize that it is debatable situation. In my opinion the best way to look at this problem is from a legal realist point of view. I think that in certain case like this you have to look at the facts of the case and the rules, not just one. For example the natural law would feel like this should be punished because it is immoral for people to send this type of picture. For the positivist who feels like if the law is there you have to strictly follow it would find them guilty of possessing child pornography because the law says it is. I am for the legal realist who takes into consideration the facts of the case. In a case where it’s two minors and they mutually agree on sending and receiving the picture, I don’t think that this should be punishable. If however, the girl is bothered by an older guy say someone in his forties for the picture and gets it he should be punished. I think that the judges have the right to use their discretion in these cases. It can’t be something that we follow because it is written down but has to be something we look at on a case by case basis. So legal realism is the best type for these laws because I feel like its core and penumbra case, which is that the law was written but new things occurred that there had to be adjustments.