You can get arrested for photographing yourself
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Two elements here that are missing.
Intent of the person who committed the purported crime, and its criminality are NOT EXAMINED BY THE POLICE. It is a prosecutorial decision. If the prosecutor feels that this is in fact a crime and requires prosecution, and it can be successfully tired...IT GOES TO A JUDGE.
Your opinion as to the legal intent of the state in its establishment of laws, the prosecutor's motives, and analysis of fourth-hand media reports is meaningless. That is why we have judges.
The second element is that SHE IS A MINOR. Yes, by definition she does not have the right to exploit herself, or even to give rights to her photos in ANY context. Because...she is a minor.
Intent of the person who committed the purported crime, and its criminality are NOT EXAMINED BY THE POLICE. It is a prosecutorial decision. If the prosecutor feels that this is in fact a crime and requires prosecution, and it can be successfully tired...IT GOES TO A JUDGE.
Your opinion as to the legal intent of the state in its establishment of laws, the prosecutor's motives, and analysis of fourth-hand media reports is meaningless. That is why we have judges.
The second element is that SHE IS A MINOR. Yes, by definition she does not have the right to exploit herself, or even to give rights to her photos in ANY context. Because...she is a minor.
Joined: Sep 2003
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From: New Jersey
Originally Posted by thebig33tuna,Oct 10 2008, 01:45 PM
i'm in ohio, so i heard about that one. the idea of a girl being labeled a sex offender really scares the crap out of me.
some people don't understand what the whole 'sexual offender' / 'sexual predator' labels really do. if you somehow get one of those attached to you, its there for life. depending on your state laws, you may be required to notify all your neighbors anytime you move. you may be required to live far outside the city you work in and/or may simply not be able to work at all since your employers will automatically ignore your resume once they find out.
so lets say some girl takes pictures of herself naked and can't get a job 10,20,30 years later because of it - does that really seem like the punishment fitting the crime to any of you? its insane.
some people don't understand what the whole 'sexual offender' / 'sexual predator' labels really do. if you somehow get one of those attached to you, its there for life. depending on your state laws, you may be required to notify all your neighbors anytime you move. you may be required to live far outside the city you work in and/or may simply not be able to work at all since your employers will automatically ignore your resume once they find out.
so lets say some girl takes pictures of herself naked and can't get a job 10,20,30 years later because of it - does that really seem like the punishment fitting the crime to any of you? its insane.
Joined: Sep 2005
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From: Arlington Heights, IL
Originally Posted by INTJ,Oct 10 2008, 02:23 PM
The second element is that SHE IS A MINOR. Yes, by definition she does not have the right to exploit herself, or even to give rights to her photos in ANY context. Because...she is a minor.
[QUOTE]exploit
verb
1.
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From: Calgary
Spec and Yellow: Statutory rape is not actual rape, it is just intercourse with someone under the age deemed legal (for sex) when you are over the age defined by the law.
Tuna said the same things that I meant, just a little more eloquently. Here's what I said, crudely:
There has the be a division between those "know better" and those who don't. If she knows better than to take advantage of someone under age (the way is as expected of an adult) then she has comprehension beyond that of a child and she is not a poor naive kid being taken advantage of by someone who knows better. She's an adult (who can't be be charged because it's not illegal to posses or distribute adult pron) or she's a kid (who can't be charged because she was too young to know better).
I think child $$$$$$ is disgusting, but I don't care if this girl wants to take pictures of her cooter and sends em online. Her schoolmates will punish her enough when someone finds them one day and they end up being passed around by everyone she knows. Like was mentioned, this is intended to set an example, not punish the girl for life with prison time.
Wooo hooo long weekend coming up! I got a new sofa and it's badass. Can't wait to go home and sit on it, man.
Tuna said the same things that I meant, just a little more eloquently. Here's what I said, crudely:
This is just ridiculous because the reasoning behind the child pron laws is that people above the age of majority should not be taking advantage of minors who potentially don't have the good enough sense or ability to know it's wrong.
She can't be half adult, half child. If she is being charged as an adult, then she did not take a picture of a child. If she is tried as a child, then she didn't know it was wrong to do something like that.
She can't be half adult, half child. If she is being charged as an adult, then she did not take a picture of a child. If she is tried as a child, then she didn't know it was wrong to do something like that.
I think child $$$$$$ is disgusting, but I don't care if this girl wants to take pictures of her cooter and sends em online. Her schoolmates will punish her enough when someone finds them one day and they end up being passed around by everyone she knows. Like was mentioned, this is intended to set an example, not punish the girl for life with prison time.
Wooo hooo long weekend coming up! I got a new sofa and it's badass. Can't wait to go home and sit on it, man.
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