View Poll Results: In regard to this case......

Voters
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  • The accused is guilty of possessing child porn

    0 0%
  • The accused is not guilty

    18 90.00%
  • There was prosecutorial misconduct

    13 65.00%
  • Prosecutors were only trying to convict a child molester

    3 15.00%
  • The accused is a potential child molester

    4 20.00%
  • It should be illegal for young-looking women to make porn

    2 10.00%
  • The prosecutor should be charged with a crime

    7 35.00%
  • Sometimes, there is injustice in America

    12 60.00%
  • America still has the best system of justice in the world

    4 20.00%
  • Don't know/No opinion/This is just to complicated to figure out

    0 0%
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Thread: When does porn become child porn

  1. #11
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    Re: When does porn become child porn

    I've always kind of wondered: Since the age of consent in most states is 16, why would a porno containing 16 or 17yo's be "Child porn"?

    Don't misunderstand me, considering everything I've heard about the porn industry, I wouldn't want 16 and 17yo's being allowed in it... it just seems a smidge inconsistent to prosecute someone for child porn when the actress was of the age of consent though.

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    Re: When does porn become child porn

    Quote Originally Posted by Goshin View Post
    I've always kind of wondered: Since the age of consent in most states is 16, why would a porno containing 16 or 17yo's be "Child porn"?

    Don't misunderstand me, considering everything I've heard about the porn industry, I wouldn't want 16 and 17yo's being allowed in it... it just seems a smidge inconsistent to prosecute someone for child porn when the actress was of the age of consent though.
    In Texas, at least ten years ago (not sure if they've changed it), 16-year-olds could dance in strip clubs and work in other adult-oriented businesses (such as peepshows and jack shacks) with parental consent.
    And some did.

    They can't act in porn, I suspect, because it's distributed everywhere, including places where the age of consent is higher.
    Nowhere in the US is the age of consent higher than 18, so I suspect that's why the minimum age for appearing in porn is 18.

  3. #13
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    Re: When does porn become child porn

    Quote Originally Posted by Goshin View Post
    I've always kind of wondered: Since the age of consent in most states is 16, why would a porno containing 16 or 17yo's be "Child porn"?
    Within a state, the age of consent is 16 for most of them. However, the Mann Act was passed by Congress which prohibits the interstate transport of females for "immoral purposes," and nationwide the age of adulthood is 18. This is done to stop people from heading to a state with a lower age of consent just for sex. So since porn can be regulated by Congress because of the Interstate Commerce Clause, porn also has to follow the national age of consent, which is 18. That's my guess.

  4. #14
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    Re: When does porn become child porn

    Quote Originally Posted by Gipper View Post
    The law is finite and absolute in this one. Under 18, uh-oh. Over 18, nothing.

    When you start entering subjective arguments to try and circumvent the rules and punish thoughtcrime, you begin a long, slippery slope.

    If I want to nail Britney Spears in a belly-tied collar shirt and plaid skirt above her knees with her hair in tails, that's my business - not yours.
    Well, here is the problem with that. The accused was prosecuted on the basis that there was nothing subjective about it. The prosecutors admitted false evidence into the court, showing that the 18 year old in the video was actually 12 years old. I believe the prosecutor should be charged with a crime in that regard.
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    Re: When does porn become child porn

    I'm also not sure that nudity and solo sexual activities- even when they involve a minor- qualify legally as "porn" or "child pornography".

    I believe that's what the court ruled in the case of Ashley Dupre, who at 16 appeared in a "Girls Gone Wild" video, nude and masturbating.
    She lied about her age in order to do it, but after she was involved in that scandal with Elliot Spitzer, the producer of "Girls Gone Wild" sued for the right to re-release and market that particular episode of "Girls Gone Wild" (including a lot of previously unseen footage of Dupre), and the court ruled that he could do so, despite the fact that Dupre tried to stop him on the grounds that she had been a minor at the time.

    The video is currently on the internet and most of it can be watched for free.

    Same with the 15-year-old Vanessa Hudgens pics, which featured full-frontal nudity.
    They're all over the internet.
    They're not "child porn", because she's not doing anything sexual. She's just standing there.

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    Re: When does porn become child porn

    Any one ever hear of the photographers either Jock Sturges and or Sally Mann and if so do you consider their work child porn?

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    Re: When does porn become child porn

    Quote Originally Posted by winston53660 View Post
    Any one ever hear of the photographers either Jock Sturges and or Sally Mann and if so do you consider their work child porn?
    I'm familiar with Mann; she's an photographic artist, similar to Nan Goldin.
    I consider some of this type of art- such as Goldin's Edda and Klara Belly Dancing- to be in very poor taste.
    Nevertheless, it's art, not porn.
    Last edited by 1069; 05-02-10 at 04:16 PM.

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    Re: When does porn become child porn

    Quote Originally Posted by winston53660 View Post
    Any one ever hear of the photographers either Jock Sturges and or Sally Mann and if so do you consider their work child porn?


    No, but Google did the trick and now I am up to speed.

    Child porn? Hmmmmmmmmm..........No. Not the pics I saw, anyway.

    The difference between artistic nudes and pornographic nudes can be difficult to define. Like the famous quote by the SCOTUS justice, "I can't define it, but I know it when I see it."

    Part of the difficulty lies in the fact that those whose fetish is children could be aroused by what most would consider artistic nudes of children.

    It has been taken to ridiculous lengths...some years ago a parent was arrested, when the film-developer found a nude photo of their one-year old, the classical baby-on-a-bearskin-rug thing. Ludicrous.
    Last edited by Goshin; 05-02-10 at 04:29 PM.

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    Re: When does porn become child porn

    Quote Originally Posted by Goshin View Post
    No, but Google did the trick and now I am up to speed.

    Child porn? Hmmmmmmmmm..........No.

    The difference between artistic nudes and pornographic nudes can be difficult to define. Like the famous quote by the SCOTUS justice, "I can't define it, but I know it when I see it."

    Part of the difficultly lies in the fact that those whose fetish is children could be aroused by what most would consider artistic nudes of children.

    It has been taken to ridiculous lengths...some years ago a parent was arrested, when the film-developer found a nude photo of their one-year old, the classical baby-on-a-bearskin-rug thing. Ludicrous.
    Similarly, a few years ago, a woman was arrested and had her children temporarily removed from her custody when she tried to develop some pictures of her child breastfeeding.

    This sort of thing is what happens when we end up going too far in trying to "protect the innocent children". We end up destroying them instead.
    I call it the Branch Davidian Compound Effect.

    I see no reason to protect anyone of any age from their own naked bodies.
    Protecting children from sexual exploitation by adults is another matter, and shouldn't really be as difficult as we seem to make it.
    It's trickier to protect teens from sexually exploiting themselves.
    Maybe we shouldn't even try, since all we seem to do when we attempt to intervene is make matters worse.
    Last edited by 1069; 05-02-10 at 04:16 PM.

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    Re: When does porn become child porn

    Quote Originally Posted by 1069 View Post
    Similarly, a few years ago, a woman was arrested and had her children temporarily removed from her custody when she tried to develop some pictures of her child breastfeeding.

    This sort of thing is what happens when we end up going too far in trying to "protect the innocent children". We end up destroying them instead.
    I call it the Branch Davidian Compound Effect.

    I see no reason to protect anyone of any age from their own naked bodies.
    Protecting children from sexual exploitation by adults is another matter, and shouldn't really be as difficult as we seem to make it.
    It's trickier to protect teens from sexually exploiting themselves.
    Maybe we shouldn't even try, since all we seem to do when we intervene is make matters worse.
    Well, I wouldn't go that far. Personally, I think the answer is that instead of having laws that can be applied so broadly we should instead start writing narrower laws regarding this subject in order to get those adults who truly exploit teenagers.

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