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My view of having a mens rea requirement with child porn statues are derided with comments like: "Congratulations, you're now on an FBI watch list." ( (s)he di
by kefka 11y ago
My view of having a mens rea requirement with child porn statues are derided with comments like:
"Congratulations, you're now on an FBI watch list." ( (s)he did agree with me)
Yet if there is no guilty mind, there should be no crime. Frankly possession of CP shouldn't be a crime at all, because it is proof of a crime. Snuff videos aren't illegal. Rape videos (of 18+) aren't illegal. Just horrible videos are that: horrible. They aren't illegal.
And that's not to go after the idea of "I plant CP on your machines..." Strict liability means you lose.
https://news.ycombinator.com/item?id=11431128 https://news.ycombinator.com/item?id=11431128
- danielvinson 11y agoWhile you do have a point, I don't think there is a single first-world country where it is legal. That means that everyone in power, everywhere, agrees on this at least to some degree, meaning that it probably won't change any time soon.
- SixSigma 11y ago> Rape videos (of 18+) aren't illegal. Just horrible videos are that: horrible. They aren't illegal. They are in the UK. sigh EDIT: oops, believed the hype
- DanBC 11y agoOnly if they're actually rape. People can give consent for BDSM style role play video. http://www.legislation.gov.uk/ukpga/2008/4/part/5/crossheading/pornography-etc http://www.legislation.gov.uk/ukpga/2008/4/part/5/crossheadi... http://www.legislation.gov.uk/ukpga/2015/2/section/37/enacted http://www.legislation.gov.uk/ukpga/2015/2/section/37/enacte... And there are some limited defences of images of actual rape - a 3rd party secretly planting the material doesn't count.