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  • Yes they are, and should be prosecuted.

    19 41.30%
  • Yes they are, but they shouldn't be prosecuted.

    19 41.30%
  • No they aren't.

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Thread: Is this person distributing child pornography?

  1. #41
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by SheWolf View Post
    If a high school teen uploaded nude photos of themselves online, then they probably don't know the risks of those photos
    What risk? That other people online might view it? I think anyone with a passing understanding of the internet can figure that out.

    or aren't even knowledgeable about these laws we are discussing.
    All the more reason not to arrest them and treat them like some kind of crazed pervert, for an act that didn't harm anyone except (possibly) themselves.

    A lot of kids understand the internet very well, but they don't always exercise superior judgement when utilizing the internet.
    Sounds like a good reason for their parents to talk to them about the dangers of doing this sort of thing. Sounds like a horrid reason to criminally prosecute them after the fact.
    Last edited by Kandahar; 08-19-11 at 09:22 PM.
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by SheWolf View Post
    I don't know who David Hamilton is... I looked him up and he is British. As for Traci Lords, I have seen this statement many times and in several different sources. I knew this before even looking it up.



    The only thing I had wrong was it was Penthouse, not Playboy...

    Traci Lords - Biography
    I'm not sure how accurate that biography is. Wikipedia makes no mention of it being illegal and I do know for a fact the Jock Sturges had his studio raided by the FBI and all his images and equipment confiscated for nude images of children. He later won the case and became extremely famous in the art photography world.

    And of course there is David Hamilton too.

    The only hang up I can think of is Parental consent as a hang up.

  3. #43
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by Your Star View Post
    This came up in another thread, but I felt it warrants it's own discussion.

    The scenario is a minor, takes naked/sexual pictures of themselves, and posts it on the internet. Now my question is, are they distributing child pornography, and if so, should they be prosecuted like any other child pornographer?

    Thoughts?
    It would be hard to prosecute a minor unless they were to be tried as an adult. That more than likely wouldn't be the case here, but if I were the parents I would take the camera and limit the computer priveleges. The parents might consider counseling as well because this person could be asking for trouble if it continues.

  4. #44
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by Kandahar View Post
    If anyone has been arrested for owning this Playboy, it's a perfect example of people losing all common sense over this issue. Do you really think people should be arrested if they are in possession of this magazine?
    It's not legal for minors to pose nude in playboy/penthouse...

    Has anybody ever been arrested for owning that Penthouse, I don't know. The fact is she lied about her age, and used a fake ID... It's possible somebody owns it and simply doesn't know it's illegal. They don't deserve to go to jail or prison for child pornography... That would be excessive IMO. But it's not legal to sell that edition of the magazine. If there is evidence the person knows the situation and is still selling or possessing the photos, then it's more practical that that individual be charged. The producers destroyed her illegal movies upon knowledge she was underage, which is the proper thing to do. If they refused and still sold and produced those movies, then, yeah, of course they should be charged. However, this thread isn't all about charges or discussing what those charges should be.


    Meh, whatever. Again, who is harmed by that? I don't buy the line of thinking that someone is inherently victimized by other people privately fantasizing about them...whether they're a minor or adult.
    Other people fantasizing about them? WTF.. you could use that argument if were discussing explicit images of sexual abuse too. The minor isn't literally being abused every time you look at an imagine of them being abused... Those images are just a for fantasy purposes.

    What's wrong with peeping toms? What's wrong with hidden cameras in your bedroom? There is no law against pervs having a right to get off. They need their fantasies too... it's not hurting you.


    This is true. But saying it isn't wise is FAR from the same as saying they should be arrested for it.
    I never said anything about arresting them.


    I think society has far bigger things to worry about. Frankly the moral panic in this country surrounding the sexualization of minors is a bit silly IMO. So yes, punish the people who actually molest children, but I could care less about somebody getting their rocks off to a picture some teenager uploaded to the web. And the idea of punishing the "victim" themselves is ludicrous.
    The OP asked for opinions on this matter, and I simply gave mine. I am not in the midst of a moral panic, and I think you're being ridiculous, irrational, and not paying attention if you're suggesting that I am. I think my opinion is logical and practical, not emotional hysteria.

    It's not legal for a minor to pose nude in playboy/penthouse, etc. the internet is public domain, and it should be illegal for a website to host nude photos of minors even if they are simply posing not having sex. If a minor breaks the law themselves, then some action should be taken. I don't think the minor should be charged with distribution of child porn or anything like that. I don't think it should be a serious charge. If anything they should be legally required to remove the photos and get a warning... whatever it shouldn't go beyond the juvenile courts and it shouldn't follow them throughout their life. I think jail time would be excessive. At the most, they should pay a fine. Furthermore, the law could address this with laws pertaining to operating sites like Facebook or the purchase of domains, which the law probably does already.


    I would suggest that being convicted of child pornography because they took a photo of themselves, is going to haunt them a lot more than the photo itself would.



    And what do you suggest be done about that? Dumb teenagers will be dumb teenagers.
    Again, I am not suggesting that Kim or other teenagers should go to jail. All I have said is that there such situations involve the exploitation of minors, and they are often times too young and naive to realize the risks involved in those decisions. I also wouldn't enjoy the thought of pedophiles trading personal photos of me, my daughters, or nieces like that.

    You're the one acting like there is nothing wrong with minors uploading nude photos on the internet and pedophiles getting off and fantasizing about them.

  5. #45
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by RiverDad View Post
    So, because they don't understand the outcomes of uploading nudie pictures of themselves, what we should do is arrest them, charge them with producing child pornography and place them on the sex offenders list for life. That'll sure learn 'em, good.
    Show me where I said people should be arrested?
    Last edited by SheWolf; 08-19-11 at 10:02 PM.

  6. #46
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by Kandahar View Post
    What risk? That other people online might view it? I think anyone with a passing understanding of the internet can figure that out.



    All the more reason not to arrest them and treat them like some kind of crazed pervert, for an act that didn't harm anyone except (possibly) themselves.



    Sounds like a good reason for their parents to talk to them about the dangers of doing this sort of thing. Sounds like a horrid reason to criminally prosecute them after the fact.
    I am tired of battling your strawman that I want people arrested. I never said I wanted minors arrested. I do find some of the statements you actually said to be of more concern.
    Last edited by SheWolf; 08-19-11 at 10:01 PM.

  7. #47
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by winston53660 View Post
    I'm not sure how accurate that biography is. Wikipedia makes no mention of it being illegal and I do know for a fact the Jock Sturges had his studio raided by the FBI and all his images and equipment confiscated for nude images of children. He later won the case and became extremely famous in the art photography world.

    And of course there is David Hamilton too.

    The only hang up I can think of is Parental consent as a hang up.
    The guy was from the UK and they might have different rules there, but nobody has ever posed for Playboy or Penthouse as a minor. Traci lied about her age.

    When I lived in Germany, I'd sometimes seem children on TV nude... but it was usually in the form of documentaries and one place on TV was a nude beach. That wasn't supposed to be sexually arousing. Penthouse/Playbody is supposed to be sexually arousing and it's sexually explicit.

  8. #48
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by SheWolf View Post
    All I have said is that there such situations involve the exploitation of minors, and they are often times too young and naive to realize the risks involved in those decisions.
    I'm curious how you feel about parental notification laws involving abortions for minors.

  9. #49
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by SheWolf View Post
    The guy was from the UK and they might have different rules there,
    I worked at a photography book store in NYC.

    David Hamilton was one of the best sellers.

    So were Sally Mann, Jock Sturges, Nan Goldin and Larry Clark. All who have made images of nude children in the USA.

    but nobody has ever posed for Playboy or Penthouse as a minor. Traci lied about her age.
    That has nothing to do with it being legal or not as far as I know.

    When I lived in Germany, I'd sometimes seem children on TV nude... but it was usually in the form of documentaries and one place on TV was a nude beach. That wasn't supposed to be sexually arousing. Penthouse/Playbody is supposed to be sexually arousing and it's sexually explicit.
    I think Playboy has published David Hamilton images.

  10. #50
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by RiverDad View Post
    I'm curious how you feel about parental notification laws involving abortions for minors.
    I don't see what that has to do with the topic...

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