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That is not unreasonable thinking but the government doesn't agree with you. See 18 U.S.C. § 1466A(c). NONREQUIRED ELEMENT OF OFFENSE.-It is not a required ele
by ryaniscool 3y ago
That is not unreasonable thinking but the government doesn't agree with you. See 18 U.S.C. § 1466A(c).
NONREQUIRED ELEMENT OF OFFENSE.-It is not a required element of any offense under this section that the minor depicted actually exist
That section of the US code covers obscene visual depictions of minors. Different from actual child porn but punishable with the same statutory minimums/maximums. I could only find a handful of (publicized) actual prosecutions that used that law. Here is a notable one: https://www.justice.gov/opa/pr/texas-man-sentenced-40-years-prison-running-child-obscenity-website https://www.justice.gov/opa/pr/texas-man-sentenced-40-years-...
In that case, he was obviously a sick person and running a commercial enterprise that catered to pedophiles but none of his material involved actual children. They were short stories and cartoons. He appealed and lost.
Another one where a registered sex offender downloaded some hentai. He was sentenced to 20 years and also lost on appeal: https://law.justia.com/cases/federal/appellate-courts/ca4/06-4288/064288.p-2011-03-15.html https://law.justia.com/cases/federal/appellate-courts/ca4/06...
- eppp 3y agoI know these laws exist. I have no idea how they are constitutional but the supreme court has decided that they are. I have to then wonder if instead of a child's head they use the head of a frog and a childs body in the depiction. Is that still against the law? What if it is the body of a frog and the head of a child? Thats why these laws are ridiculous. There is no line that makes any sense.
- cyanydeez 3y agothe American justice system is mostly reactive, so you're gonna need to generate and publish that your selfm perhaps some kind of AIleaks. com