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Yes but the company can’t be put in jail. At the most they will punish someone if they did something knowingly. That’s the issue with this law, it acts like com
by calgoo 8y ago
Yes but the company can’t be put in jail. At the most they will punish someone if they did something knowingly. That’s the issue with this law, it acts like companies are people, but in the end the punishments are not the same.
- crankylinuxuser 8y agoThe root goes back to the fact that child porn laws do not contain a mens rea. It's a statutory crime: you possessed the image, you're guilty. Almost every other crime take in account the mind of the accused. Someone who forgot their dog food was on the bottom of the cart and leaves isn't committing theft, as long as they go back and make it right. And on the other end, we execute people who conduct premeditated murder. And also we take in account an accidental homicide due to negligence (manslaughter) as a limited punishment. And worst yet, how do you tell a 17year364days old's image on pornhub and 18year old's picture? You get arrested for CP on the 17.364 image if you're caught and they know it's bad. Did it matter if the minor perjured themselves? Nope. Did they use a fake ID? Who cares. You're at fault.
- jkartchner 8y agoMost child porn statutes, even if they dont include a mens rea requirement in the plain language, often have it read in. Child porn is NOT a strict liability crime. Rather, it's treated more like a drug crime.
- crankylinuxuser 8y agoStop peddling disinformation. Strict liability is absolutely in place in many states. https://kellerlawoffices.com/child-pornography-accidental-possession-defense-possible/ https://kellerlawoffices.com/child-pornography-accidental-po...