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  • Yes they are, and should be prosecuted.

    19 41.30%
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  • No they aren't.

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Thread: Is this person distributing child pornography?

  1. #91
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    Re: Is this person distributing child pornography?

    I have another question.

    What if the underaged lies and says they are legal age, and you receive their nude pic? What if they don't LOOK under 18 and their lie is believable?

    What about the opposite?... where someone is legal age but they look child like?

    How do we differentiate if a person is caught with these questionable photos? Also, is someone a "child pornographer" or trading in child porn if they only have 1 or 2 photos of a specific person, and not a collection?

    These are issues that I have never seen addressed legally.

  2. #92
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by Kandahar View Post
    How does charging them with ANY crime make the situation better?
    There are plenty of things to charge them with, but charging people has never been about making things better... it's about enforcing the law. I don't know what they should be charged with. I just know what I am not comfortable with charging them with... I still think the law should be enforced.

    I think it falls under the "teenagers will be teenagers" section of the Constitution.
    Criminally punishing someone for this is a gross overreaction. The consequences probably range from nothing at all to temporary embarrassment. It's the kind of thing that's better addressed by their parents talking to them about the dangers and perhaps grounding them, than by the criminal justice system getting involved.

    Ultimately there isn't much that anyone can do to stop teenagers from behaving like morons occasionally. And to the extent that I care about them behaving like morons, I choose to save my caring for those moronic behaviors that are actually likely to cause serious harm.
    So do you think it should be protected free speech or not? And if so, then are you comfortable with minors posing as centerfolds in Playboy and Penthouse?

  3. #93
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by RiverDad View Post
    An Oklahoma teenager is swept up in laws aimed at protecting kids from child predators. He must register as a sex offender for life, as the worst level offender, after having a sex with his girlfriend, who said she was his age, 16. Sex between teenagers is no longer just a moral issue, it's a legal one.



    Phillip Alpert found out the hard way. He had just turned 18 when he sent a naked photo of his 16-year-old girlfriend, a photo she had taken and sent him, to dozens of her friends and family after an argument. The high school sweethearts had been dating for almost 2 years. "It was a stupid thing I did because I was upset and tired and it was the middle of the night and I was an immature kid," says Alpert.

    Orlando, Florida, police didn't see it that way. Alpert was arrested and charged with sending child pornography, a felony to which he pleaded no contest but was later convicted. He was sentenced to five years probation and required by Florida law to register as a sex offender.
    The person in Oklahoma has been taken off the sex offenders list and the second guy was 18.

  4. #94
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by rathi View Post
    The name of the charge is irrelevant.
    No it isn't.

  5. #95
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by X Factor View Post
    What if a teen uploads pic of their underage friends? Still think that's no harm, no foul?
    That's a bit sketchier, but I still don't think it would qualify as child porn. More like an invasion of privacy or something similar. I might be wrong about this, but I think it's illegal to do that without permission even if everyone involved is an adult.
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by 1Perry View Post
    The person in Oklahoma has been taken off the sex offenders list and the second guy was 18.
    The second guy was a punk bitch for doing that to his girlfriend too...

  7. #97
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by Kandahar View Post
    It doesn't need to be a crime for that to happen. The school counselor can talk to the student to about it; there is no expectation of due process to meet with a school counselor. For that matter, if you really wanted to scare them ****less you could have a cop talk to them about it. Again, there's no expectation of due process if it's just a discussion.
    However we do it, I'm not for charging her with a "crime". (the first time)

  8. #98
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by SheWolf View Post
    There are plenty of things to charge them with, but charging people has never been about making things better... it's about enforcing the law. I don't know what they should be charged with. I just know what I am not comfortable with charging them with... I still think the law should be enforced.
    That doesn't make any sense. What is the point of having this law (or enforcing it), if not to try to make the situation better? Generally speaking, that should be the point of nearly ALL laws.

    So do you think it should be protected free speech or not?
    Meh, I don't really have an opinion on whether it's free speech. I'm just saying that it should not result in any criminal penalties.

    And if so, then are you comfortable with minors posing as centerfolds in Playboy and Penthouse?
    No. That's a lot closer to the reason child porn laws exist - to prevent adults from exploiting minors. Uploading an image of oneself, in contrast, involves no victim and no aggressor. Now, if someone lies about their age to pose in Playboy and the magazine has done due diligence and still didn't figure it out...then there's not really anything that the law can (or should) do about it.
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by Kandahar View Post
    That doesn't make any sense. What is the point of having this law (or enforcing it), if not to try to make the situation better? Generally speaking, that should be the point of nearly ALL laws.
    Saying the law should attempt to make situations better doesn't make any sense...

    Why do we arrest somebody for robbing a bank... because it makes the situation better.

    Why arrest somebody for killing a cop... because it makes the situation better.

    That doesn't make sense, nor do we base laws on improving people's situations or making a situation worse for somebody. If the law tried to make situations better, it would do things differently than it does. It would not simply lock somebody up in prison for a crime. Going to jail/prison can in fact make a situation worse for families. Especially when record companies charged kids for downloading music... I'd say that took a situation from not that bad into a really bad situation.

    Meh, I don't really have an opinion on whether it's free speech. I'm just saying that it should not result in any criminal penalties.



    No. That's a lot closer to the reason child porn laws exist - to prevent adults from exploiting minors. Uploading an image of oneself, in contrast, involves no victim and no aggressor. Now, if someone lies about their age to pose in Playboy and the magazine has done due diligence and still didn't figure it out...then there's not really anything that the law can (or should) do about it.
    The situation in the OP isn't legal as it stands right now.... I posted the definition of child porn and it falls under that definition. Furthermore, a minor doing that sort of thing runs the risk of adults exploiting them anyway.

  10. #100
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by SheWolf View Post
    Saying the law should attempt to make situations better doesn't make any sense...

    Why do we arrest somebody for robbing a bank... because it makes the situation better.

    Why arrest somebody for killing a cop... because it makes the situation better.
    Yes it does, by discouraging people from robbing banks and killing cops. Are you suggesting that teenagers from posting nude pics online is such a heinous act that it should be meted out with criminal penalties just like those other things, in order to discourage it? I would suggest that criminal punishments are appropriate for acts that harm others and are intolerable to society; somebody voluntarily posting pictures of themselves doesn't exactly qualify.

    That doesn't make sense, nor do we base laws on improving people's situations or making a situation worse for somebody. If the law tried to make situations better, it would do things differently than it does. It would not simply lock somebody up in prison for a crime. Going to jail/prison can in fact make a situation worse for families. Especially when record companies charged kids for downloading music... I'd say that took a situation from not that bad into a really bad situation.
    And so your solution is...to overreact in exactly the same way for ANOTHER "crime" where no one was really harmed?

    The situation in the OP isn't legal as it stands right now.... I posted the definition of child porn and it falls under that definition.
    Right, this is where that common sense thing that I mentioned comes into play. And how it is routinely abandoned in our criminal justice system...ESPECIALLY on this particular subject.

    Furthermore, a minor doing that sort of thing runs the risk of adults exploiting them anyway.
    How? If they took pictures of themselves and posted them online, no one exploited them. I hardly think that some pervert jacking off to the images in the privacy of his own home qualifies as "exploiting" them.
    Last edited by Kandahar; 08-20-11 at 10:49 PM.
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