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This is the way it must be. Otherwise an underage person could, say, send nude photos of herself to all her teachers, call the FBI, and have them all arrested w

This is the way it must be. Otherwise an underage person could, say, send nude photos of herself to all her teachers, call the FBI, and have them all arrested while she faces no penalty. If simply having the file on your computer is illegal, then any creator of this content, no matter what his or her age, must be liable.

DanBC 8y ago
There's no public interest in prosecuting a 15 year old who willingly sends an image of themself to another 15 year old. It's a fucking stupid thing for them to do, but criminal justice system isn't the solution for that.
- Fjolsvith 8y ago
  Except when the recipient forwards it on to his buddies and the picture then makes it into the Internet.
  - DanBC 8y ago
    Even then you don't prosecute the person in the image, even if they took the photograph. You prosecute the people distributing the image.
hopler 8y ago
So it's not the way it must be, if the existing insane laws are repealed.
kiriakasis 8y ago
Nope, if I hide cocaine in your house the crime is mine. If person X send person Y unsolicited CP with the intention of calling the police on them I am pretty sure X is committing a crime. It might be hard for Y to prove this though.
- MagicPropmaker 8y ago
  That's not the way the law works with illegal pornography. There is no legal defense to possession.
  - deleted 8y ago
    [deleted]
  - int_19h 8y ago
    To be more precise, in most jurisdictions, there's strict liability for possession of child pornography. Which means that mens rea, or even awareness of the crime, is not required. https://en.wikipedia.org/wiki/Strict_liability_(criminal) https://en.wikipedia.org/wiki/Strict_liability_(criminal)
SllX 8y ago
That is a fairly programmatic, not judicious, interpretation of how the law and morality intersect. Maybe the people involved, law enforcement and the courts are a bit better than mere computers. Just a thought.

DanBC 8y ago

There's no public interest in prosecuting a 15 year old who willingly sends an image of themself to another 15 year old. It's a fucking stupid thing for them to do, but criminal justice system isn't the solution for that.

Fjolsvith 8y ago
Except when the recipient forwards it on to his buddies and the picture then makes it into the Internet.
- DanBC 8y ago
  Even then you don't prosecute the person in the image, even if they took the photograph. You prosecute the people distributing the image.

hopler 8y ago

So it's not the way it must be, if the existing insane laws are repealed.

kiriakasis 8y ago

Nope, if I hide cocaine in your house the crime is mine. If person X send person Y unsolicited CP with the intention of calling the police on them I am pretty sure X is committing a crime. It might be hard for Y to prove this though.

MagicPropmaker 8y ago
That's not the way the law works with illegal pornography. There is no legal defense to possession.
- deleted 8y ago
  [deleted]
- int_19h 8y ago
  To be more precise, in most jurisdictions, there's strict liability for possession of child pornography. Which means that mens rea, or even awareness of the crime, is not required. https://en.wikipedia.org/wiki/Strict_liability_(criminal) https://en.wikipedia.org/wiki/Strict_liability_(criminal)

SllX 8y ago

That is a fairly programmatic, not judicious, interpretation of how the law and morality intersect. Maybe the people involved, law enforcement and the courts are a bit better than mere computers. Just a thought.