HolyMoses Posted December 2, 2013 Share Posted December 2, 2013 Presuming no minors are used as actual models etc . . . should pornography which depicts minors be illegal?Yes, this is a helluva can of worms . . . Quote Link to comment Share on other sites More sharing options...
AREA 51 Posted December 2, 2013 Share Posted December 2, 2013 The last story I read on something like this, a guy on probation for sexual misconduct with children had written explicit stories about children. It was a violation of his probation, but I am not sure if anyone other than that would get in trouble. Stories, like animation, are innocous on their own, but would surely trigger an investigation. However, with no children actually involved, it would be tantamount to prosecuting thought, and I have a problem with that. I have to admit I do not know the law pertaining to this, but I would believe such laws would probably have a hard time surviving the courts in tact.It should be noted that 3D porn is getting very realistic, so this is bound to have us start seeing many cases in the courts exactly like you are talking about. Some might argue it is a good surrogate, while others will say it will lead to an escalation to the real thing, but either way the Supreme Court is bound to get involved soon. Quote Link to comment Share on other sites More sharing options...
Free Radical Posted December 2, 2013 Share Posted December 2, 2013 Since no one's rights are being violated, it should be protected under the First Amendment... as weird as it is. Quote Link to comment Share on other sites More sharing options...
HolyMoses Posted December 2, 2013 Author Share Posted December 2, 2013 The last story I read on something like this, a guy on probation for sexual misconduct with children had written explicit stories about children. It was a violation of his probation, but I am not sure if anyone other than that would get in trouble. Stories, like animation, are innocous on their own, but would surely trigger an investigation. However, with no children actually involved, it would be tantamount to prosecuting thought, and I have a problem with that. I have to admit I do not know the law pertaining to this, but I would believe such laws would probably have a hard time surviving the courts in tact.It should be noted that 3D porn is getting very realistic, so this is bound to have us start seeing many cases in the courts exactly like you are talking about. Some might argue it is a good surrogate, while others will say it will lead to an escalation to the real thing, but either way the Supreme Court is bound to get involved soon.I seem to remember coming across a case on this issue a couple of years ago . . . . I have no idea what the result was. I think it falls into the category of "No one ever said the first amendment was going to be easy" category. Quote Link to comment Share on other sites More sharing options...
HolyMoses Posted December 2, 2013 Author Share Posted December 2, 2013 The last story I read on something like this, a guy on probation for sexual misconduct with children had written explicit stories about children. It was a violation of his probation, but I am not sure if anyone other than that would get in trouble. Stories, like animation, are innocous on their own, but would surely trigger an investigation. However, with no children actually involved, it would be tantamount to prosecuting thought, and I have a problem with that. I have to admit I do not know the law pertaining to this, but I would believe such laws would probably have a hard time surviving the courts in tact.It should be noted that 3D porn is getting very realistic, so this is bound to have us start seeing many cases in the courts exactly like you are talking about. Some might argue it is a good surrogate, while others will say it will lead to an escalation to the real thing, but either way the Supreme Court is bound to get involved soon.Oops, they already did. Quote Link to comment Share on other sites More sharing options...
AREA 51 Posted December 2, 2013 Share Posted December 2, 2013 I seem to remember coming across a case on this issue a couple of years ago . . . . I have no idea what the result was. I think it falls into the category of "No one ever said the first amendment was going to be easy" category.I think It is the premise of prosecuting someone for a behavior, actions, or even words with an assumption that they will eventually lead, either themselves or someone else, into committing the real crime.It is, indeed, dangerous to criminalize speech or thought, and the courts, going back to Schenck v. United States, which gave us the clear and present danger test, have tried to set a scenario where such free speech is no longer protected. Using that test for explicit stories or animations involving children or teens, a single guy without access to children or any indication of accessing real child porn would probably be left alone. A guy with access to children or a history of accessing child porn would probably be considered a clear and present danger to his own or other children.This is just a basic rudimentary suggestion on how it might be dealt with. The experts, so to speak, will have to iron it out in time. Quote Link to comment Share on other sites More sharing options...
Billy Ocean Posted December 2, 2013 Share Posted December 2, 2013 The **** is going on in this subforum?! Quote Link to comment Share on other sites More sharing options...
AREA 51 Posted December 2, 2013 Share Posted December 2, 2013 Oops, they already did.There you go, as much as you think you know, you do not know. Back in 1996, I was not even on a computer except for work, so I probably did not care. I think they ruled correctly, but there are so many areas that are controversial pertaining to children and sex.I have mentioned before, if I take the neighbors young daughter and dress her up as a stripper, I go to jail, but if the parents do it and put her in a pageant or on a tv show, then it is ok. Quote Link to comment Share on other sites More sharing options...
shc Posted December 2, 2013 Share Posted December 2, 2013 I have mentioned before, if I take the neighbors young daughter and dress her up as a stripper, I go to jail, but if the parents do it and put her in a pageant or on a tv show, then it is ok.I don't know how many times I have to tell you, kidnapping is illegal, regardless of whether or not you dress them up as a stripper. Quote Link to comment Share on other sites More sharing options...
Google Bot Posted December 2, 2013 Share Posted December 2, 2013 There you go, as much as you think you know, you do not know. Back in 1996, I was not even on a computer except for work, so I probably did not care. I think they ruled correctly, but there are so many areas that are controversial pertaining to children and sex.I have mentioned before, if I take the neighbors young daughter and dress her up as a stripper, I go to jail, but if the parents do it and put her in a pageant or on a tv show, then it is ok.Why would you take your neighbor's daughter at all? Quote Link to comment Share on other sites More sharing options...
Billy Ocean Posted December 2, 2013 Share Posted December 2, 2013 I have mentioned before, if I take the neighbors young daughter and dress her up as a stripper, I go to jail...Hide your kids, hide your wife, hide the Turkey! Quote Link to comment Share on other sites More sharing options...
GEORGIAfan Posted December 2, 2013 Share Posted December 2, 2013 There you go, as much as you think you know, you do not know. Back in 1996, I was not even on a computer except for work, so I probably did not care. I think they ruled correctly, but there are so many areas that are controversial pertaining to children and sex.I have mentioned before, if I take the neighbors young daughter and dress her up as a stripper, I go to jail, but if the parents do it and put her in a pageant or on a tv show, then it is ok.I think france has banned pageants for young girls. http://www.nytimes.com/2013/09/19/world/europe/french-senate-passes-ban-on-beauty-pageants-for-girls.html?_r=0 Quote Link to comment Share on other sites More sharing options...
falconstwopercentsized Posted December 2, 2013 Share Posted December 2, 2013 France isn't far off from total sharia law. Quote Link to comment Share on other sites More sharing options...
Willy Mo Posted December 2, 2013 Share Posted December 2, 2013 Since no one's rights are being violated, it should be protected under the First Amendment... as weird as it is.this ^^ Quote Link to comment Share on other sites More sharing options...
Leon Troutsky Posted December 2, 2013 Share Posted December 2, 2013 I'm just curious what series of thoughts led you to the topic of this thread. Quote Link to comment Share on other sites More sharing options...
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