7 ms·
>> Imagine a real CSAM criminal claiming a defense that they "thought it was AI generated." Saying "I thought this heroin was fake" is not a defense when caugh
by gambiting 3y ago
>> Imagine a real CSAM criminal claiming a defense that they "thought it was AI generated."
Saying "I thought this heroin was fake" is not a defense when caught with a bag of heroin, I don't see how this would be any different. It's not a magic out for anyone.
- LorenPechtel 3y agoSure it is. The bag of "heroin" on the movie set turns out to be real, think the actors are going to be convicted of possession?
- gambiting 3y agoI'm not sure what is the point that you are making here. An actor who was given a fake bag of heroin as a prop which then turns out to be real is no more guilty than a courier moving a package that happens to contain drugs or guns or fake money or anything else - neither would be found guilty of posession. These are situational circumstances, and no prosecutor in the world would choose to prosecute those - but there is 0% chance you could get away with saying "oh I thought it was fake" if caught with CP on your phone.
- LorenPechtel 3y agoI was simply providing an example of where "I thought it was fake" would be a reasonable defense.
- SV_BubbleTime 3y agoThat isn’t the argument at all. It’s that you have a bag of fake heroin, you are then arrested for it because someone thinks that by you having fake heroin you are encouraging real heroin users to do more real heroin.
- gambiting 3y agoWell yes, which is why my argument(sorry if it wasn't clear) is that having fake heroin shouldn't be illegal.