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

Voters
20. You may not vote on this poll
  • 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. #41
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    Re: When does porn become child porn

    Child porn is child porn only if the porn depicts an actual child is engaged in sexual acts.
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    Re: When does porn become child porn

    Overall I think this case is ridiculous.
    It is not child-porn unless it has kids in it. Geesh! What ignorance is that.

    What's wrong with having a young face, small boobs or a shaving preference?

    For a VERY long time people mistook me for being underage - I don't know WHY. I have big boobs, long adult hair, and two children. I was 23 and the server at my sister's wedding gave me apple juice instead of wine for the toast because I *looked* underage. . . Ok - so "looking" young isn't a crime.

    Adding - WHY do people think of "hairless" or "completely shaven" and then jump to the conclusion that "child" or "underage" has anything to do with it? Shaven is a sensation-preference and some women (or men) like the feel of skin ON skin.

    Quote Originally Posted by digsbe View Post
    I think what happened is technically legal because by the law it's not child porn. However I think they should make it illegal to make pornography using adults that look young like children, it just breeds child molesters and should be a discouraged fetish in society. Technically there were no laws broken so no one should go to jail. Another thing I think that should be illegal is anime porn (or whatever it's called) where they have animated children in it.
    IT breeds child molesters?

    Lemme tell you - if someone IS a child molester then they ARE a child molester - you don't *become one* because of something you see late one night, all of a sudden.

    If I watch a lot of zombie movies - will that make me a zombie?
    Last edited by Aunt Spiker; 05-03-10 at 12:23 PM.
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    Re: When does porn become child porn

    Quote Originally Posted by spud_meister View Post
    in regard to the anime porn, i dont know about anywhere else, but in Australia, any depiction of a child engaged in a sex act or the like is counted as child porn, whether it be a photo or a drawing
    In the U.S. there was a similar law on the books signed into law by Clinton. That law was thrown out by SCOTUS.

    Feature films like Kids and Romeo and Juliet use adult actors to portray minors having sex.

  4. #44
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    Re: When does porn become child porn

    Child porn is child porn when the person depicted is under the age of 18. The case is ridiculous because she was 18 at the time.

    The issue of women being depicted as underage in porn. From a legal standpoint, as long as there is a legal disclaimer that offers to verify that the age of the actors is over the age of 18, there is nothing illegal about doing it.

    Ask yourselves, why would someone want to depict folks younger than 18 in sexual acts. Probably several reasons. In our society, we value youth. It's attractive to people. Also, watching this kind of thing is considered "taboo", so even if it IS false, it creates a sense of excitement, rebelliousness, and danger, all things that can heighten ones senses and make the depiction more enjoyable. Lastly, it DOES cater to pedophiles. Now, do all pedophiles act on their desires? No. However, one who actually can be clinically/legally identified as a pedophile would be more succeptable to acting on these feelings when viewing even the false depiction of child porn. It's like putting a case of beer in front of an alcoholic and telling him he cannot drink it.. Will he drink? Maybe, maybe not, but there is more of a chance that HE will than someone who is NOT an alcoholic in the same situation. This is both the danger and the allure of depicting women who look young.
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  5. #45
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    Re: When does porn become child porn

    Possessing child porn ought not to be a crime, partly for the reason that it is often not possible for the porn consumer to know whether or not it is child porn for sure anyway, regardless of what their source claims. There are sites that say it is child porn when it is not, and there are sites where they say barely legal when they’re not quite legal. There are also mislabeled files in bootleg porn. Producing child porn (note that a 16-year-old is not necessarily a child, mentally or biologically), on the other hand, should be the real crime.

    Quote Originally Posted by digsbe View Post
    I think what happened is technically legal because by the law it's not child porn. However I think they should make it illegal to make pornography using adults that look young like children, it just breeds child molesters and should be a discouraged fetish in society. Technically there were no laws broken so no one should go to jail. Another thing I think that should be illegal is anime porn (or whatever it's called) where they have animated children in it.
    You can't successfully discourage fetishes via laws. Some people find things appealing partly because they are taboo.

    Quote Originally Posted by samsmart View Post
    The guy isn't guilty of anything - it's not child porn because the actress isn't a child. There was prosecutorial misconduct - they didn't even bother to verify whether or not the actress is or isn't of legal age. I'm not saying that prosecutors should be forced to prove that someone isn't of legal age - that would put too much of a burden on them. However, they should at least be forced to take steps to see whether or not the age of the actress in a video can be verified.
    And saying that someone shouldn't make porn with women who look younger than they really are is as silly as saying that it's okay for teenagers who look older than they really are to make porn.
    Yes, actually they should be forced to prove the person isn't of legal age because you need to prove beyond a reasonable doubt that the person is guilty of a crime before you lock them up for 20 years. Can't prove it? Too damned bad. You don't get to ruin somebody's life today who may be innocent of an already ridiculous law.


    Quote Originally Posted by 1069 View Post
    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.
    Isn't that distinction subjective?

    Quote Originally Posted by Gray_Fox_86 View Post
    This is something I agree with big time. I am 23 and still I am pretty young in that i believe it would be ok for me to have a relationship with a consenting 16yr old girl. Is that wrong? Its not just me i'd be ok for other guys and women to do that as well. However, if i am a 30 yr old and i am chasing 16yr olds or even 18yrs i think something would be wrong with me.
    What if you were a really immature 30 year old, and she was a really mature 16-year old?

    Actually I am being serious. Age-based laws are not necessary at all because we can treat younger alleged victims just like we would an 18-year-old or a 68-year-old who is severely mentally handicapped. Have a psychiatrist prove that they were not mentally competent to consent, regardless of age. Sure we can have probable cause to suspect that abuse took place if the alleged victim was 13, just like we may have probable cause if the person was a widow with Alzheimer's, but since there is at least one 13-year-old in the world who is mature enough to have sex, the age in itself should not prove beyond a reasonable doubt that somebody was being abused against their consent.
    Last edited by LiveUninhibited; 05-04-10 at 06:39 AM.

  6. #46
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    Re: When does porn become child porn

    Quote Originally Posted by LiveUninhibited View Post


    What if you were a really immature 30 year old, and she was a really mature 16-year old?

    Actually I am being serious. Age-based laws are not necessary at all because we can treat younger alleged victims just like we would an 18-year-old or a 68-year-old who is severely mentally handicapped. Have a psychiatrist prove that they were not mentally competent to consent, regardless of age. Sure we can have probable cause to suspect that abuse took place if the alleged victim was 13, just like we may have probable cause if the person was a widow with Alzheimer's, but since there is at least one 13-year-old in the world who is mature enough to have sex, the age in itself should not prove beyond a reasonable doubt that somebody was being abused against their consent.
    A lot of 30 year olds do good with hot 18yr olds. So they don't really need to be dating 16yr olds. But if they want to and the other is consenting then ok. But a mature individual looks for someone near their age range, because they would understand that a large age gap is not feasible in a relationship that is meant to last.
    Have you heard of the Russian oligarch? There is this Russian oligarch who dates the best 15 or 16 yr old girls in Russia. He attends elite model castings in Moscow and when he sees a girl he has a person approach them. And if they say yes they start a relationship, he typically ends the relationship by the time they are 18 or 19.
    I find it disgusting but then again I'd like to be doing those type of things, so long as I don't break my own code of living. Which means that I would never be able to do it.

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    Re: When does porn become child porn

    Quote Originally Posted by Ikari View Post
    Child porn is child porn only if the porn depicts an actual child is engaged in sexual acts.
    I think that must be the case.
    I mean, it's not against the law to be in possession of photos of naked children; most family albums contain at least a few such images.
    And it's really difficult to prove sexual intent, since none of us are mind-readers.
    I'm not sure the law is entirely consistent from one state to another or even one case to another, but I think in general images of nude children are not legally considered "pornography", while images of children engaged in sexual acts are.

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    Re: When does porn become child porn

    I wish it was that simple. There need not be a sex act being performed for it to be considered child porn. If the prosecutor gets a wild hair up his ass that he thinks the little girl playing in the kiddie pool's legs are spread just a hair too far apart when the photo was taken, BAM!! Child porn.

    Child porn is one of the crimes that isn't cut and dry like molestation. It's really hard to say you "accidentally" molested a child but it is quite common for people to discover child porn on their computers that they didn't put there. Since you CAN accidentally download it, the sentencing should be commensurate. Unfortunately, people are getting mandatory 5 years in the feds with 10, 15 and even 20 year sentences becoming more and more common for simple possession.

  9. #49
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    Re: When does porn become child porn

    Like lots of others have said, the guy did nothing wrong, because the actress was over 18. It's only child porn if an actual child is involved.
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  10. #50
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    Re: When does porn become child porn

    Quote Originally Posted by Gray_Fox_86 View Post
    This is something I agree with big time. I am 23 and still I am pretty young in that i believe it would be ok for me to have a relationship with a consenting 16yr old girl. Is that wrong? Its not just me i'd be ok for other guys and women to do that as well. However, if i am a 30 yr old and i am chasing 16yr olds or even 18yrs i think something would be wrong with me.
    I have just learned something. You are 23, but because of your screen name, I always thought you were a granny. Goes to show you that, things are not always as they appear to be, and assumptions usually turn out wrong. Oh yea, I also better stop flirting with OK Granny. I might end up getting arrested as a child molester. LOL.
    Last edited by danarhea; 05-04-10 at 09:39 PM.
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