Sexting: Dumb should not equal criminal - Page 2

Alex · 03-27-2009, 04:16 PM

It creates a difficult line. Presumably the intent behind child pornography prohibitions is to prevent the physical exploitation of the children involved.

If a 14 year old girl willingly takes a nude picture of herself and sends it to her 14-year-old boyfriend I think most people would agree that there was nothing to protect. When the boyfriend leaves it in his printer where his 20-year-old brother finds it. He has no idea who the girl is and can't easily tell she is only 14 and puts it on his dorm room wall.

Has this become child pornography yet? The dorm RA, who is majoring in forensic anthropology sees telltale signs in the picture, realizes she can't be older than 15 and calls the police. Is "I didn't know for sure she was young a valid defense?"

The RA call to the police doesn't happen but his brother visits and says "hey, you have a naked picture of my girlfriend on the wall!" He then realizes she must be 14 or so. Has a previously not-child-pornography now become child pornography simply through this realization. Does it matter that the child involved willingly participated in its production and was never directly exploited?

An 11-year-old pre-pubescent girl takes a picture of herself naked and sends it a friend because she hears it is the cool thing to do. The also 11-year-old friend giggles over it then forgets it. 10 years later that friend rediscovers the photo and begins a lifelong habit of masturbating to that image daily. Did it at some point become child pornography when it wasn't before?

I don't know where I would draw the line on all these situations but I can understand why the police would prefer it be kept a clear line in the sand: Nobody gets to take naked pictures of minors and nobody gets to possess those pictures rather than dealing with a defense of "hey, she took that picture herself, I just stole it off her hard drive when we were repairing it."

Strangler Lewis · 03-27-2009, 04:54 PM

Dude, you could write law school exams.

innerSpaceman · 03-27-2009, 04:57 PM

Is there an out from "possession" if something is sent to you unsolicited?

Ghoulish Delight · 03-27-2009, 05:43 PM

Quote:

Originally Posted by innerSpaceman

Is there an out from "possession" if something is sent to you unsolicited?

Well, I imagine step 1 would be not keeping it.

innerSpaceman · 03-27-2009, 06:37 PM

yeah, but what does that mean if it's electronic? If it's sent to me by email, and I "delete" it, have I not complied if I don't empty my recycle bin? Even then, it's still there on my computer for people like the FBI who know how to retrieve it.

Same with my phone I'm sure. I may hit "delete" and it may still be there.

I call shenanigans.

We never had these problems with Wooley Mammoths. The smart kids would smash the stone tablets to smithereens. (Well, after they'd had their fill.)

Not Afraid · 03-27-2009, 11:01 PM

What ever happened to "Show me yours and I'll show you mine"?

€uroMeinke · 03-27-2009, 11:03 PM

I know this is just another technology we'll never get to implement at work

Alex · 03-27-2009, 11:37 PM

Do you want to?

€uroMeinke · 03-28-2009, 12:05 AM

Quote:

Originally Posted by Alex

Do you want to?

Are you offering to send me a pic?

Alex · 03-28-2009, 06:26 AM

Are you offering me a job where you work?

03-27-2009, 04:16 PM	#11
Alex . Join Date: Feb 2005 Posts: 13,354	It creates a difficult line. Presumably the intent behind child pornography prohibitions is to prevent the physical exploitation of the children involved. If a 14 year old girl willingly takes a nude picture of herself and sends it to her 14-year-old boyfriend I think most people would agree that there was nothing to protect. When the boyfriend leaves it in his printer where his 20-year-old brother finds it. He has no idea who the girl is and can't easily tell she is only 14 and puts it on his dorm room wall. Has this become child pornography yet? The dorm RA, who is majoring in forensic anthropology sees telltale signs in the picture, realizes she can't be older than 15 and calls the police. Is "I didn't know for sure she was young a valid defense?" The RA call to the police doesn't happen but his brother visits and says "hey, you have a naked picture of my girlfriend on the wall!" He then realizes she must be 14 or so. Has a previously not-child-pornography now become child pornography simply through this realization. Does it matter that the child involved willingly participated in its production and was never directly exploited? An 11-year-old pre-pubescent girl takes a picture of herself naked and sends it a friend because she hears it is the cool thing to do. The also 11-year-old friend giggles over it then forgets it. 10 years later that friend rediscovers the photo and begins a lifelong habit of masturbating to that image daily. Did it at some point become child pornography when it wasn't before? I don't know where I would draw the line on all these situations but I can understand why the police would prefer it be kept a clear line in the sand: Nobody gets to take naked pictures of minors and nobody gets to possess those pictures rather than dealing with a defense of "hey, she took that picture herself, I just stole it off her hard drive when we were repairing it."
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03-27-2009, 04:54 PM	#12
Strangler Lewis Doing The Job Join Date: Aug 2006 Location: In a state Posts: 3,956	Dude, you could write law school exams. __________________ Live now-pay later. Diner's Club!
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03-27-2009, 04:57 PM	#13
innerSpaceman Kink of Swank Join Date: Jan 2005 Location: Inner Space Posts: 13,075	Is there an out from "possession" if something is sent to you unsolicited?
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03-27-2009, 06:37 PM	#15
innerSpaceman Kink of Swank Join Date: Jan 2005 Location: Inner Space Posts: 13,075	yeah, but what does that mean if it's electronic? If it's sent to me by email, and I "delete" it, have I not complied if I don't empty my recycle bin? Even then, it's still there on my computer for people like the FBI who know how to retrieve it. Same with my phone I'm sure. I may hit "delete" and it may still be there. I call shenanigans. We never had these problems with Wooley Mammoths. The smart kids would smash the stone tablets to smithereens. (Well, after they'd had their fill.)
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03-27-2009, 11:01 PM	#16
Not Afraid HI! Join Date: Jan 2005 Posts: 17,108	What ever happened to "Show me yours and I'll show you mine"?
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03-27-2009, 11:03 PM	#17
€uroMeinke L'Hédoniste Join Date: Jan 2005 Location: A.S.C.O.T. Posts: 8,671	I know this is just another technology we'll never get to implement at work __________________ I would believe only in a God that knows how to Dance. Friedrich Nietzsche
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03-27-2009, 11:37 PM	#18
Alex . Join Date: Feb 2005 Posts: 13,354	Do you want to?
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03-28-2009, 06:26 AM	#20
Alex . Join Date: Feb 2005 Posts: 13,354	Are you offering me a job where you work?
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