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  • Yes they are, and should be prosecuted.

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

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Thread: Is this person distributing child pornography?

  1. #1
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    Is this person distributing child pornography?

    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?

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    Re: Is this person distributing child pornography?

    Of course not. This is a good example of where people just lose all common sense for the actual purpose behind laws.
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    Re: Is this person distributing child pornography?

    If I recall some news stories correctly in my mind, which granted I'm not entirely sure the country in which this happened, but children have indeed been prosecuted for producing and distributing Child Pornography in the past for your exact scenario.

    Khandahars assessment is spot on.

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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?
    Any picture of a minor in a sexual context is child pornography. But no, it doesn't make sense to prosecute a minor for taking pictures of themselves. That has happened occasionally, though:

    Child Porn Laws Used Against Kids Who Photograph Themselves | Threat Level | Wired.com

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    Re: Is this person distributing child pornography?

    Seems easy to me.

    Of course they are not child pornographers.

    They are rambunctious hormone flooded teenagers who need their cell phones taken away and their access to the internet severely limited until they begin to understand the full ramifications of posting pictures of your private bits for (in the end) any pervert online to add to his(or her) collection.

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    Re: Is this person distributing child pornography?

    crimes should require a victim, and I reject the idea that a person can victimize themselves to the degree that necessitates state intervention.

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    Re: Is this person distributing child pornography?

    They should not be prosecuted as a child pornographer but we have to make an effort to let it be known that it isn't acceptable.

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    Re: Is this person distributing child pornography?

    Quote Originally Posted by 1Perry View Post
    They should not be prosecuted as a child pornographer but we have to make an effort to let it be known that it isn't acceptable.
    if, in fact, the kid takes the pictures and posts them on the internet, she is distributing child pornography. the way to let her know that is to charge her, put her on probation, and in fact take what she did very, very seriously. THAT'S a good way to let her know it's not acceptable.

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    Re: Is this person distributing child pornography?

    The purpose of criminalizing child porn is to prevent the victimization of children. I don't know how one could argue that a completely voluntary action, with the person's own body, could be victimization.

    To expand on this discussion, what about animated porn depicting children? Clearly no actual children were engaged in sexual activity in the making of a cartoon. Should this also be criminal? It's gone back and forth a few times in the last decade. It seems to me that the making of a child porn video is where the harm is done. The argument is often that making it illegal lessens the market and makes it less likely to be profitable, but wouldn't a harmless replica, that doesn't use actual children, push the illegal and more difficult variety out of the market?
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    Re: Is this person distributing child pornography?

    Quote Originally Posted by liblady View Post
    if, in fact, the kid takes the pictures and posts them on the internet, she is distributing child pornography. the way to let her know that is to charge her, put her on probation, and in fact take what she did very, very seriously. THAT'S a good way to let her know it's not acceptable.
    I'm not going to charge her with child pornography. (the first time)

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