Teen couple who photo'd own sex acts prosecuted for child porn

Its an interesting debate for the forum - should consenting teens be charged under child porn laws? Please keep it clean ladies and gents!

Linky: http://www.boingboing.net/2007/02/20/teen_couple_who_phot.html

 

Hmm... This is tricky - on one hand, the two were not breaking the law having sex, and it seems ridiculous that taking a few pictures of this would be illegal, but on the other hand, I'm sure almost any legislation that could be made to allow this sort of thing could be exploited.

That, imho, is unacceptable, and the only thing I can think of is that the law-enforcement authorities use a bit of discretion and turn a blind eye to such cases once they understand the circumstances. Not really helpful to the people involved, I know, but what else could be done?

 

No, this case is stupid IMO.

Howcome barely legal sites are allowed then? Those are mostly 16 to 18 year olds no?

 

No! They're all 18+ but they use models that look alot younger though, kinda perverted in a way I guess.

 

So bascially, they were prosecuted as criminals because of the "Could have" and "might have" results should the two break up? Thats ludicrous, what is this Minority Report now? Are we gonna label everyone a criminal based on what they do because of the unknown results? With all the negative outcomes the judges had came up with they were ignorant of the most obviously outcome before them. The fact that up until NOW, the act, the pictures, had all remained private and unseen by others. Because of the court system, and ignorant ass parents, the whole ordeal became larger than they probably wanted. Now the whole nation knows their kids, both minors, both engaging in sexual activities, documented it. So nice of them.

 

"Barely Legal" sites (in the US at least) presumably feature persons aged 18 years or older. I highly doubt this - who can tell the difference between an 18 year old, a 20 year old, and a 22 year old...

Still, this is pretty hilarious if you ask me. Teens stupid enough to pull this kind of a stunt, or rather get caught doing it deserve punishment, but some embarrassment would have been enough. Criminal charges is a bit over the top.

 

The court probably wanted to malke it illegal for teens to have sex, but this is the best they could come up with.

And on the next episode of Sick, Sad World...

 

They are required by federal law law to keep documented proof of age for all models featured on the site. Each model must be at least 18 years old. Hidden among the pages you will almost always find a reference to 18 U.S.C. 2257.

That is how they get away with featuring people that look so young. Chances are, they aren't actually that young at all.

As to the case in the original post, I'm kind of divided. Apparently it's not illegal in Florida for them to have sex, so legally they can get it on as much as they please. However, according to our federal laws, you cannot take pictures of minors involved in sexual activities. As far as I can tell, they are both minors, as neither of them is 18 years old.

So have sex, but don't take pictures. Seems clear to me.

I suppose it's another one of those crazy examples of age differences in laws. At 16 years old you can drive to a polling place, but you can't vote. You can have sex, but you can't buy porn. Ç'est la vie, no?

-monkey

 

Next thing you know they'll go after a teen couple for mutual statutory rape because each person had sex with a minor. This is a pretty stupid case, under child porn laws I believe they have to register as sex offenders for photoing their own sex consensually...that's taking things to a bit of an extreme there. Sure it was stupid what they did, but I think a nice talk from their parents would have been plenty punishment.

 

Ah ok, I assumed 16 was legal in the US.

Anyway if it's legal for 16 year olds to do it, then why can't they film themselves doing it?

 

Well it's the same argument as: "Why can I do this at 16, but not watch it?"

 

I think this is absurd - these poor kids are going to have possession/distribution of child pr0n on their criminal records - good luck getting a job, and (I assume) will be on some kind of sex offenders register - all because they photographed themselves (for personal use I might add) having some perfectly legal fun. Madness.

 

what the penguin said ^^

 

what the penguin said ^^

 

If it was distributed then maybe it was wrong in some sense, otherwise I dont see the problem. Just florida ****ing over 2 other kids by putting "child pornographer" on there "permanent record".

 

QFT!

Seems a bit OTT effectively ruining their lives for a harmless bit of fun?
How did the case get so big in the first place?
If it was pictures taken in private and shared only with themselves, how'd they end up in court?

 

There was a thing on the radio this morning about a guy in Georgia who is serving 10 years in prisonfor a sex crime. What happened you ask?

He was 17, a football player with a 3.6 GPA and ovvers to play for an ivy league college. He was at a party and a 15 yr old gorl came over and went down on him. Not only was it entirely consensula, but he didn't even seek it, she walked over and went to work, so to speak.

In Georgia it is a felony to recieve oral from a minor, even if you are one yourself and he was sentanced to 10 years in prison, of which he has served two so far. After the outcry over this case the legislature repealed the law, but since they didn't make the repeal retroactive, he's STILL in prison! This is somthing that should never have been a crime in the first place, would not be a crime if it happened now, and yet this promising live has been destroyed for somthing he had very little to do with!

 

It can happen in Wisconsin. If you are over 17 you automatically get moved to adult court, so 2 17 yr olds can get convicted of raping each other.

 

It's not just an 'American thing' either, we have the same laws in England. It is legal for two consenting 16 year olds to have sex, but if they take photographs of the act then they are breaking the law. Possession of indecent images of subjects under the age of eighteen is a crime in England.

 

I think the case should be dismissed. I am in illinois, and i know i can get charged for having oral sex at all. Scary in a sense.