InsaneMystic
Ex-Scooby
- Joined
- Apr 1, 2008
- Messages
- 2,505
- Age
- 52
It still should be legal. As long as the pictures are of herself, I have no problem with her distributing them to half the world, unless she's spam mailing them. That would be illegal. The child-pornyness of pictures of one's self, I can hardly care less about. It may not be good taste, but I see nothing illegal about its fabrication, ownership, or distribution (with one important exception to the "distribution" part, see below).The wall you're running into IM, is that we really can't SAY this is a victimless crime.
Maybe this girl sent out one set of these photos to one guy who looked at them and never showed them to anyone else.
But, what are the chances she sent out more than one set? Or that the guy didn't forward them to his friends? I can get 5 sets of the same LOL Cats a day. People forward things.
The point is, even though they are child porn, they should be legal nonetheless. With the definition that's given above, yes, I hold that some forms of child porn should be legally ok. (Even if Uncle Rory thinks I should be drawn and quartered for saying so.) As you put it: stupid, not to mention tasteless and possibly uneasing, but lawful.Now, if we tell this girl that HER underaged pictures are not child pornography and that it's a stupid, but lawful thing to do.
I'm not a moralist, so I don't buy into argument lines based solely on "because it's wrong". If no one's rights get hurt by it, I don't give a damn who considers it wrong, it should be a free citizen's right to do it.
I still don't buy into that argument. Really, how big are the chances that a huge pedo pic file on one's PC should include only photos made (not just uploaded!) by the girls themselves? Slim to none. The VAST majority of child porn images - 99% should probably be a low estimate! - are produced under circumstances of unthinkably horrible abuse. Still, if such a thing ever were to happen as to have someone only possess stuff from said 0.x%, I'd vote for letting said pedo run free. As long as they're not hurting anyone, let them exercise their right of living their sexuality, even if it involves looking at child porn. I honestly see no need for the law to get involved there.What happens next?
Say the cops raid a pedophile's house and find hundreds of images on his computer. They prosecute him and go after the people who supplied him with these pictures. Let's say this girl's picture is on his computer because it got forwarded and forwarded.
How is it okay for that ONE picture to be fine? And how long would it take for other people who want to supply child porn to the masses to learn the trick of "just say the kid did it themselves"?
So, the cops try to track down all the pictures on the pedophile's computer only to find that all the pictures came from "willing, yet stupid children exploring their sexuality".
There are two catches, though. Firstly, if someone owns lots of child porn, even if they were all of the 0.x% type that I would want legalized, the police had better keep an eye on the guy to catch him the moment he crosses the boundary. Until he does, though, he may be a weirdo and have an uneasing sexual preference, but I still hold him to be a lawful citizen and am outspoken about having his civil rights protected, including being safe from facing court on charges for "crimes" that are ridiculous.
Secondly, if any of those 0.x% pictures get uploaded somewhere by anyone else but the girl herself, it's crossing the line... so unless the girl mailed the pics to all those pedos herself, the uploader can still be had for them if they start circulating - but as I said, not for child porn distribution, as the images remain of the should-be-legal type of porn, but for violation of photo rights/privacy laws.
And about your "How can this ONE picture be fine?" thing, allow me another analogy. Say you earn 500 $ by working an honest job, and then steal 100 $ from the same employer. Will you then be held responsible for stealing 600 $? If the guy has 10 should-be-legal and 5 illegal photos, then he should stand trial for the 5 pics, with the other ten never entering the discussion at all because they shouldn't juristically be relevant (the fact that any smart DA would indubitably mention a vast collection of legal porn owned by a suspect who's accused of possessing illegal porn is another story, though)
So basically, our disagreement seems to be about this question: Why should child porn be illegal?The trick here is that she sent them out. Which makes her just as guilty of adding child pornography to the open market as the creepy guy on Law and Order who kidnaps children to stock his website full of nude pictures.
People like you and Uncle Rory seem to hold the moralist view that child porn is fundamentally wrong, period, so it should be illegal, period.
I do not share that assessment (and indeed, I'm worried about it from a democratic/civil rights viewpoint). I hold a pragmatic libertarian viewpoint that something should be illegal the moment the one doing it infringes on someone else's rights, and remain legal in any other case. This girl's case proves to me that child porn can not be considered to fit the "generally illegal" category, and should thus be legalized in some cases - cases which, I cannot stress often enough, are a tiny minority. The VAST majority of child porn is anything but victimless, and should thus most definitely remain illegal.
That's the escalation argument again, and if you take that serious, you have to blame the tobacco industry for hard drug deaths (a vast percentage of heroinist took weed before, and almost all tokers smoked tobacco) and Hollywood for victims of drunk driving and gun violence. For goodness sake, what ever happened to personal responsibility?There may not be studies that prove that all normal people who look at child pornography turn into pedophiles. But, there is proof that pedophiles escalate. They may start with looking at pictures, but soon that's not enough. So, having "okay" child pornography out there, may be "victimless" now, but maybe not next week or next year.
I say it again, preemptive justice leads to police states, and take it from a German: that is not a good thing to have happen.