Saturday, February 10, 2007

FWIW, something like this happend to my brother once...

Two Florida teenagers who were above the age of consent have been arrested on kiddie porn charges because they took pictures of THEMSELVES having sex.

The best part of the majority opinon of the appeals court that upheld them getting busted on these charges:

Further, if these pictures are ultimately released, future damage may be done to these minors' careers or personal lives. These children are not mature enough to make rational decisions concerning all the possible negative implications of producing these videos.

Umm... LOTS of damage was done to my brother's career and personal life when he was SENT TO JAIL ON KIDDIE PORN CHARGES.

who should clarify that my brother had pictures of his friend and the friends wife, which she concedes constitutes muddier waters.


Anonymous said...

Are they allowed to convict someone on a crime they MIGHT in the future commit? That doesn't sound right. Maybe that's just for minors -- my cousin, as a minor, was once arrested for "being in danger of leading a lewd and lascivious life".

Chalicechick said...

I don't know, though in the case of these kids, they were technically already committing a crime when they possessed kiddie porn at all.

Still, I'd say this would be a good time to exercise prosecutorial discretion.


Joel Monka said...

I can't say I'm shocked- I quite frankly no longer expect better out of our courts. One might wonder how the court can reconcile the claim that the "children are not mature enough to make rational decisions" with the claim that they are old enough to form mens rea and be charged with a felony, but that would require logic, something the majority did not display any talent for.

What's worse than the behavior of the court is that they were ratted out by their parents. Gee, thanks, mom; I'm only going to have to spend my entire adult life registering as a sex offender everywhere I go, be banned from many types of work, not able to rent an apartment within a mile of where any children live- all because you didn't like my boyfriend/girlfriend. Where were those brochures on retirement homes? I want to make sure you get just the quality you deserve...

Comrade Kevin said...

I don't even know where to start. I don't know what disturbs me more.

First of all, it shows how hyper-sexualized our children have become. Secondly, it shows how the webcam/digital camera and internet in general have made it easy for anyone to make pornography. Thirdly, it shows the hypocrisy of many people.

Teenagers have sex: awkward, horrible, fumbling sex, but sex nonetheless. That is, at least, as it happened to me.

Fourthly, we are such hypocrites in country. We go for quick fixes which make us feel better but really don't do anything positive. We treat the effects and not the causes.

So what would the causes of teenagers filming themselves during a consensual act be? A hypersexualized culture? Check. The proliferation of digital cameras, check. Parents who aren't doing their jobs properly? Check.

A legal system that is inherently flawed for a lot of reasons? Check.

Now, FIX THEM. Don't just create another quick, knee-jerk response.

Yes, I am aware that takes some effort. Good. Life is sometimes hard.

PG said...

comrade kevin,
Kids have been taking nekkid picture of each other for a long time, though I agree that digital cameras simultaneously make it possible to avoid the judgmental guy at the WalMart counter, and to disseminate those photos online.

The dissemination in this case was strictly between the two people depicted, so I wouldn't prosecute, but I have no problem with prosecuting minors (as long as they are treated as such in the prosecution) for disseminating pornography of themselves to adults. Anyone to whom they send the pictures will end up with a felony record if caught with those images -- why should the people who spread those pictures go unpunished?