I thought about this topic a lot yesterday, and when given a chance to post this morning, I didn't hit it head on...wanted to think on it a bit.
First and foremost to insanemystic, I really admire your libertarian view and value your love of person freedom, kudos times two for illustrating that and how the law can sometimes be bad with the historical examples.
Where you and I have a falling out of opinion, ultimately, is how we see this pertaining to children.
You see this case as an instance of 'unlawful' behavior causing no harm or victim, so what could the harm be while I see it as a violation of a rule or law that guards against hurting oneself when one is a minor.
These are kids and teens in this scenario, some undoubtedly lacking the experience of their seniors who can take advantage of them.
In this case you said it caused no harm, but for the law to serve the people and be fair and not serve an individual, all cases must be trialed/charged equally....thats why law governs the masses while judgement and mercy cater to the individual.
I believe your values are misplaced. Should she be charged with the crime...yes and I will detail why in a minute. When concerning how severe her penalty should be, I'd learn toward lenience but still pursue charges. There needs to be an after effect.
Why? Because although her action did not hurt her, it could have and has had for others. that is why child pornography is illegal, consented or not. Youths can be easily duped...so can adults, but they do not enjoy the same leniency as children do.
She was lucky; laws are not about luck. I don't appreciate you saying I bent definition of law, or however you phrased it that suggested i was tweaking definition for my own agenda.
That simply is not true. Both you and JCC look at this as a case by case scenario, not a law governing scenario. It would make you excellent judges, but in my opinion, less than desirable legislators.
That example JCC posed about the hand happies and no harm being does not look at the law, merely this solitary infraction. It does nothing to curb illegal reckless behavior either.
This case for instance in Wisconsin...there are a handful of minor males who were assaulted by an 18 year old male in Mukwanago or Waukesha Wisconsin. They were playing the wooing internet game's equivalent of the childhood version of Doctor and sent nude/explecive material to a guy who was posing as a girl on a social network site. The 18 year old man then used the images to blackmail the kids into sex acts or he'd show everyone what they sent him. The breaking point was when the monster tried to force one of his victims into making their younger brother pose.
Still think it her case not being prosecuted is harmless?
See, if the law put the fear of consequence into these kids, they may not have sent those pictures. The girl in this story broke a law and got of lucky. I don't believe her lucky streak should continue and she be allowed to get off scott-legally-free.
At the same time trying her as an adult for a crime that would not be a crime if she was an adult, is stupid. That does not mean she should not face some type of charge however.
Her actions are not harmless, just her own limited forseeable outcome the foreseeable outcome. She in turn could have been black mailed or ridiculed.
Just like a youth can not drink or smoke, there are some activities they should not engage in until they are of legal age.
I can find that story and case details if you want about the Wisconsin assaults. I read it in a paper during down time at one of the hospitals I service. I'd google and link to it, but i can't be arsed to without a request...I'm very lazy today! it happened this year in January and the 18 year old is facing like 400 years for all of the assaults, should you want to research this yourself. The kids were not charged, if they were worried they might be this may not have happened. Thats why I think these laws are coming into effect. Digital age of camera phones and wanker pictures and what not.
Oh and a side not, laws are meant to be simple to avoid loop holes in the like. You say kids can produce pornography if it is voluntary and I bet the numbers of it's availability skyrocket. I'd also wager those voluntary cases are few and far between, that the child is being threatened or paid off, or whatever and its not a simple case of...behold, my nakedness!
In consideration to the law, 'if it harms none then let it be' is not the same as 'if it does not harm me then let it be and yeah for me.'
---------- Post added at 02:59 PM ---------- Previous post was at 02:41 PM ----------