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Forum Index > News & Politics
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raditz8526
Monk
38147 points
30/M/,
Join Date: Mar 2006 | charger said:
how is that porn? ridiculus!
Do you know what porn is? |  | |
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charger
Minister
13645 points
38/M/bricktown,
Join Date: Jul 2007 | xxdeceivingeyesxx said: Well, my fiance has nude pics of me from when I was 17...
and he's 23
Will he be doing time if he gets caught? 
like i said ridiculous... 
"I have too much caffeine in my bloodstream and a lack of real spice in my life" The Smiths" | | | |
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mark_is_god
Ogler
22055 points
18/M/antrim, United Kingdom
Join Date: Aug 2006 | osm said:
if she gave you the picture, or let you take it thats consent right?
Holding it on your personal computer in that case would be fine wouldn't it, as long as you're a minor. If you're an adult, then you are doing something illegal with a minor, which is against the law.
Posting anything anywhere is of course illegal, and should be classed as child porn. I personally wouldn't have taken the picture in the first place. Thats the safest option in my view.
A) you can only give consent, if you're old enough, and i doubt a minor can consent to having a pornographic photo took.
B)and it doesn't matter if the under age person consents, pornographic pictures of under age persons is still child porn. and is still illegal
C)processing child porn, is illegal for non adults as well, and you could still be convicted (as long as you're above the age for criminal responsibility)
Latest survey shows that 3 out of 4 people make up 75% of the world's population. |  | |
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raditz8526
Monk
38147 points
30/M/,
Join Date: Mar 2006 | xxdeceivingeyesxx said: Well, my fiance has nude pics of me from when I was 17...
and he's 23
Will he be doing time if he gets caught?
Depending on what is actually on the pics and whether or not it can be argued that you were over 18 at the time the pic was taken.
4. Sexually Explicit Conduct:
18 U.S.C. § 2252 prohibits the production, transportation, or knowing receipt or distribution of any visual depiction "of a minor engaging in sexually explicit conduct." For the purposes of Title 18, 18 U.S.C. § 2256 defines a "minor" as any person under the age of eighteen years, and "sexually explicit conduct" as actual or simulated:
"(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of any person"
"Sexual intercourse" and "bestiality" (sex with an animal) seem pretty clear - if your website displays images that a prosecutor believes involve minors engaged in sexual intercourse or bestiality, expect to be prosecuted. Which acts constitute "masturbation" or "sadistic or masochistic abuse" may be more difficult to define, because participants engaged in such activities tend to do so for a sexual purpose. Clearly a child could appear to be engaged in such activities without intending a sexual purpose. What a child intends by his or her actions is irrelevant, however, because Federal law prohibits "simulated" as well as actual acts. Many states also address this issue by prohibiting images of minors touching or displaying their bodies "for the purpose of sexual stimulation of the viewer." (See, for example, California Penal Code §§ 311.3-312.7).
Section (E) prohibits images of "lascivious exhibition of the genitals or pubic area." Courts that have interpreted this section have done so broadly - "as used in the child pornography statute, the ordinary meaning of the phrase "lascivious exhibition" means a depiction which displays or brings forth to view in order to attract notice to the genitals or pubic area of children, in order to excite lustfulness or sexual stimulation in the viewer." See United States v Knox (1994). You may risk prosecution if your website displays images of minors depicted in a way that excites viewers.
link [www.adultweblaw.com] | | | |
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May 09, 2008 @ 05:48:13
