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Then I would encourage you to study the law behind the statutes.. https://yalelawtech.org/2009/11/02/why-mens-rea-should-be-applied-to-child-pornography-laws/
by crankylinuxuser 8y ago
Then I would encourage you to study the law behind the statutes..
https://yalelawtech.org/2009/11/02/why-mens-rea-should-be-applied-to-child-pornography-laws/ https://yalelawtech.org/2009/11/02/why-mens-rea-should-be-ap...
"In Osborne v. Ohio, the United States Supreme Court explained that laws making possession of pornography a crime, regardless of the circumstances, were constitutional. "
However there are beginning to be some cracks in the strict liability from this case where a 16 year old lied about her age and obtained fake drivers license credentials stating the fraudulent age.
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/08/08/no-strict-liability-for-soliciting-minor-online-for-sex-if-minor-claimed-she-was-above-the-age-of-consent/?noredirect=on&utm_term=.43decfa9b130 https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...
Obviously, each state can have its own laws. But the key here is "strict liability" versus "mens rea". And no, prosecutorial discretion is no substitute for mens rea.