Juvenile pornographers????

[cjolley]

I'd say see a shrink you're getting paranoid

No, that's exactly the kind of question a law about this sort of thing has to accommodate.
If the kid just posted his girlfriends inappropriate valentine pix to the web to show off. Well kids make mistakes like that and he doesn't belong on a sex offender list, let alone in prison.
But I've been a high School teacher. Take my word for it. There are teenagers who would do that with identifying information, or on known predator sites, just to get revenge for some slight, or no reason at all. And the general teen population deserves protection from them under the law.
Writing a law that covers both situations and doesn't get abused by prosecutors with bad judgment is no easy task.


What is the alternative?
It's ok for an underage boy to pass around nude pix of his underage girlfriend under any circumstance?
If you don't think that, then what are the parameters exactly?
It's not an easy question to answer without creating traps and loopholes.

If both are minors then I think AZ is on the right track with the focus on privacy violation. Though bullying and intimidation might be added to monetary motives to escalate.

Same argument is used to stop parents filming their kids in plays.

Exactly my point. How does the law distinguish between an adult filming their kids in a play and a pedophile casing a school.
You and I both know it when we see it. But writing into a law that neither traps the innocent nor absolves the guilty is more difficult than it sounds.

[Technoid]

Something that bothers me is the "if under 18 then childporn".

Here in Sweden the laws are written so that for something to be called "child pornography" the person in question has to be pre pubescent (which means that there are no "exact age" line).
Not that it makes any diff, if you take pornographic pic of anyone under 15 and they don't look convincingly at least 16 you better have a good lawyer

Al tho EPCAT is working on it, they demand an 18 year line and wishes for total banning of any pictures of people wearing less than than a burka

[DukeP]

In Denmark the "under age" is 15 for sex, 16, for naked pictures and 18 for pornography (filmed or fotographed sex).

The last rule (18) is mostly taxrelated: Prostitution is legal and taxable, but You need to be 18 to register a company.

~~DukeP~~

[Brian Ellis]

Here in Sweden the laws are written so that for something to be called "child pornography" the person in question has to be pre pubescent (which means that there are no "exact age" line).

How do you legally define prepubescent? Pubescence isn't something that happens overnight but develops gradually over several years.

[DukeP]

Actually theres 2 ways to measure this.

1) The old way: Menstruation and the ability to bear children.

2) The modern way: Development of front lobe, measurable by the chemicals produced (I have to look it up to be precise).

But: The meaning of the law is clear - any adult should be able to distinguish through talk and observation wheter a person is prepubescent or not.

~~DukeP~~

[Technoid]

How do you legally define prepubescent? Pubescence isn't something that happens overnight but develops gradually over several years.

Actually theres 2 ways to measure this.

1) The old way: Menstruation and the ability to bear children.

2) The modern way: Development of front lobe, measurable by the chemicals produced (I have to look it up to be precise).

But: The meaning of the law is clear - any adult should be able to distinguish through talk and observation wheter a person is prepubescent or not.

~~DukeP~~

From what I remember it's more straight forward, it solely centers on physical development.

[cjolley]

From what I remember it's more straight forward, it solely centers on physical development.

I remember a girl from Jr. High (~13yo) that was completely developed physically and had the judgment of a 4 year old regarding things of a boy-girl nature.
Wouldn't she deserve some kind of protection?

[DukeP]

Mentally handicapped people and Sex. Well theres an interesting topic!

Not the easiest one, tho...

As for a normal functional girl, who are fully developed physically and not mentally deficient - then by all means, have Sex. Its healthy, its natural, its a major part off growing up.

(And its both cheaper, funnier and burns more calories than almost anything else a teenager can do - its perfect!).


~~DukeP~~

[KRSESQ]

It just keeps getting better.

Recipient aside, should a 15 year-old-girl be prosecuted under a law designed specifically to protect her? If the answer is yes, then at what point does the harm done by the legal punishment exceed the harm done by the illegal activity? Does the law have the right to destroy her life for doing something bone-headed?

(What am I saying? Of course it does.)

Kevin

[Brian Ellis]

The man involved in this case is also facing charges.

So, the teenager takes a photo of herself and sends it to the bloke. Assuming he had not asked for it (probably the case), what offence had he committed?

[Jammrock]

Possession of child pornography. Not to get into the argument, but the possession law is there to nab people who drive the child pornography industry. The real one that involves children and young teenagers being exploited.

[DukeP]

I guess it depends on wheter he kept and catalogued the picture, or deleted it. Further, could there be any doubts as to wheter this girl was of legal age?

If he did not know the girl, did not request the picture AND the girl looked to be of age; then any proper judge would throw the case out.

I hope..

~~DukeP~~

[Brian Ellis]

This is a pic of a nude teenager. Is it pornography? If so, the Uffizi Gallery in Florence is displaying it, and selling prints and postcards of it by the hundreds. It is part of Alessandro Botticelli's Birth of Venus, one of the top ten well known paintings, shortly after the Mona Lisa and the Last Supper. What makes this painting non-porno? Could a photo of a 15-y.o. girl in the buff not be equally artistic? Where is the line drawn?

[DukeP]

You cant _prove_ that she is a teenager. Besides, its a painting. For some reason its perfectly fair to paint whatever you like.

Must be because paintings doesnt capture your soul - the way a crappy picture taken by a mobile phone does.

~~DukeP~~

[Jammrock]

Now you're just being silly, Brian. People taking advantage of children and young teens today is very different than a nearly 500-year old painting.