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Teens Prosecuted For Racy Photos

An anonymous reader writes with a story on CNet about two teens who were prosecuted under anti-child-porn laws in Florida for having made and emailed racy photos of each other. Both were under 18 years old, so the resulting pictures are clearly illegal; but the teens' intent was not to share the pictures with anyone else. An appeals court majority opinion found that emailing the photos from one of the kids to the other was a careless act that should, it seems, bring down the full weight of the law. A minority opinion argued that the laws were intended to protect children from exploitative adults, not from other children.

740 comments

  1. Strupod.. by IdleTime · · Score: 5, Insightful

    Utterly stupid. 18 year is way too high. Where I come from it's 15. When I was that age in the early 70's we fucked like rabbits.

    IMNSHO, this is not an issue for the legal system at all.

    --
    If you mod me down, I *will* introduce you to my sister!
    1. Re:Strupod.. by Knuckles · · Score: 1, Troll

      Which idiot modded this as a troll?

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    2. Re:Strupod.. by mikael · · Score: 5, Funny

      Rabbits live in holes, Trolls live in hills, caves and mounds - probably this is the closest thing that slashdot has to offer next to having a +1 - Rabbit moderation option.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    3. Re:Strupod.. by Anonymous Coward · · Score: 5, Funny

      Agreed, not only should this COUPLE be left alone by the law, but I should have a good look at the pics to make sure they weren't doing anything illegal...

    4. Re:Strupod.. by Anonymous Coward · · Score: 0

      You do realize that they can't post about it because they modded it, right?

    5. Re:Strupod.. by Doc+Ruby · · Score: 4, Insightful

      There is a real difference between the damage caused to a person when pictures of them in private situations, expecially sexual, are published. It's worse for kids.

      And there is a difference between the damage done by showing the pictures, if any, and the damage done by being photographed, if any, and the damage done, if any, by being in the situation itself.

      America's hypocritical (is there any other kind?) puritanism prevents its laws from recognizing these distinctions. With children increasingly able to photograph and publish, like anyone else, we will have increasing damage done by the laws that don't reflect what's right and how wrong.

      --

      --
      make install -not war

    6. Re:Strupod.. by rbochan · · Score: 4, Insightful

      But you see, here in The Land Of The Free (TM)*, the majority of the population see boobies and even sucks on nipples frequently for the first few months of their lives. Then they aren't allowed to see them again for 18 years.

      *Void where prohibited by law.

      --
      ...Rob
      The American Dream isn't an SUV and a house in the suburbs; it's Don't Tread On Me.
    7. Re:Strupod.. by FernandoBR · · Score: 5, Funny

      Those nipples I sucked during that time... well, I'd rather NOT see them again... Don't you agree?

      --
      -x- Sorry my bad English. I'll have him tarred and feathered. -x-
    8. Re:Strupod.. by rsteele19 · · Score: 1

      Someone who wanted to meet his sister, I would assume.

      --

      This sig is umop apisdn.

    9. Re:Strupod.. by TrickyRick · · Score: 1


      At least in my age group, 30-45, sucked on plastic or rubber nipples when we were babies.

    10. Re:Strupod.. by Thexare+Blademoon · · Score: 0, Offtopic

      Speaking of people spewing stupid "fucking bullshit" that think they're "real clever with the critical way [they] denounce" someone else, and that need to "shut the fuck up with [their] garbage"...

    11. Re:Strupod.. by HTH+NE1 · · Score: 2, Informative

      Actually, they can post about it; doing so just undoes their moderation without a return of points.

      Or they can post about it anonymously from a browser that doesn't have their cookie.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    12. Re:Strupod.. by HTH+NE1 · · Score: 5, Insightful

      The damage done to them by the law (branded as sex offenders for life, having to register their whereabouts on a public database, unable to freely choose where they live, work, and be free of harassment, barred from ever adopting or probably even raising their own children if they ever plan to have any) is far more devastating to their lives than if the pictures ever got out.

      Don't think that just because they're minors now that their records will remain sealed. I wouldn't be surprised if there were already sex-crime exceptions to that.

      IANAL.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    13. Re:Strupod.. by Anonymous Coward · · Score: 2, Insightful

      If the lifelong effects you suggest are true, then the situation is insane. It's puritanism gone mad.

    14. Re:Strupod.. by daveb · · Score: 5, Insightful

      >It's puritanism gone mad.

      that's a redundancy.

    15. Re:Strupod.. by r1_97 · · Score: 1

      Who was it said, "The law is an ass."? Maybe not the law per se, but in this case, the judge.

      When I was 15 way back in the 50s we wished we could fuck like rabbits.

    16. Re:Strupod.. by DemoLiter3 · · Score: 1

      Oh really, which country do you come from, where porn of persons over 15 is legal? (as opposed to 18 everywhere in the world)

    17. Re:Strupod.. by Anonymous Coward · · Score: 0

      But you see, here in The Land Of The Free (TM)*, the majority of the population see boobies and even sucks on nipples frequently for the first few months of their lives. Then they aren't allowed to see them again for 18 years. Well, they got part of it right. The majority of the population also rammed their head inside their mother's vagina and I think it's a good thing they're not allowed to do that again... ever.
    18. Re:Strupod.. by iminplaya · · Score: 1

      ...we will have increasing damage done by the laws that don't reflect what's right and how wrong.

      It's worth repeating that the law is not designed to reflect right or wrong. And the evidence that bears that out speaks quite loudly. To find a solution, you need to be aware of the more basic motivations(more like instincts) behind these things. I can assure you that "protecting the children" is not one of them. It may have been at one time or another, but it was horribly perverted by profiteers. The very same kind that are getting rich from prohibition and war.

      --
      What?
    19. Re:Strupod.. by Anonymous Coward · · Score: 0

      "When I was that age in the early 70's we fucked like rabbits."

      Bullshit you did.

    20. Re:Strupod.. by SpooForBrains · · Score: 1

      The sheer act of this case going to court and the resulting international press attention has already damaged these kids far beyond any damage the original photos may have done to them (and it's arguable that that is none at all). The prosecutor should be tried IMO.

      --
      "The dew has clearly fallen with a particularly sickening thud this morning"
    21. Re:Strupod.. by sparkz · · Score: 2, Insightful

      I assume that the poster is a USAian.

      Your country was founded* by Puritans.

      Feel free to emigrate.

      Better still, vote for a President in ownership of his (or her) own brain. Go on, take a chance on it!

      *well, invaded by, but - after all - that is the American Way

      --
      Author, Shell Scripting : Expert Re
    22. Re:Strupod.. by mctk · · Score: 2, Funny

      And it said the same thing twice.

      --
      Paul Grosfield - the quicker picker upper.
    23. Re:Strupod.. by sulfur · · Score: 5, Interesting

      Very true. I never understood why different parts of human body are considered taboo. What is the difference between tits, and, say, legs? In some countries they prohibit women to show they legs (i.e. to wear skirts) on public. Analogy is very relevant, but we consider they laws/morality wrong.

    24. Re:Strupod.. by jthulin · · Score: 1

      That would be nothing short of heinous: the state that is supposed to protect those kids destroys their lives. If the kids were convicted and declared as sex offenders, I hope that they would be granted a political asylum in some West European country. That would be, if they could come over with their kids, without first starting some civil rights revolution, in which case it would no longer be necessary to make the 10,000 km (6,200 mi) move to the east.

    25. Re:Strupod.. by Anonymous Coward · · Score: 0
      Don't shoot the messanger.

      Your boyfriend is a fucking moron. Deal with it.

    26. Re:Strupod.. by Anonymous Coward · · Score: 0

      Better still, vote for a President in ownership of his (or her) own brain.

      Ha! That would require the rest of the USA to clamber out of the butt-divots they've created in their couches, turn off Fox News (sic), and lumber down to the voting booth to vote for a candidate who doesn't claim "God" as one of his closest friends.

      Hell, it would also require a non-Christian candidate to make it through the ridiculous primary process.

      If there were another country where I could carry a weapon (read: firearm) for self defense and get decent broadband I'd have moved long ago.


      *well, invaded by, but - after all - that is the American Way

      Yeah...way to ignore most of recorded political history. You get three guesses as to how most countries came to have their current borders, and the first two don't count. Killing the original owners of land didn't originate with the USA.

    27. Re:Strupod.. by ahodgson · · Score: 1

      Your country was founded* by Puritans.

      Those were Puritans from _your_ country, you know, the one actually doing the "invading".

    28. Re:Strupod.. by Anonymous Coward · · Score: 0

      What better MILF than the one you know best?

    29. Re:Strupod.. by that+this+is+not+und · · Score: 1

      Since I've mowed the small pasture out behind our house, I know there aren't any sizeable holes in it.

      The rabbits out there (and there are a lot of them) live beneath the mounds of pushed over, uncut, hay. When I take our Britanny out there on a long rope (his favorite rope, the 25' blue nylon rope) he snuffles around, but the rabbits have made a lifestyle out of not being found by real predators, let alone a housebroken dog.

      So, rabbits don't live in holes. Trolls are mythical beasts. You can believe they live wherever it amuses you to believe so.

    30. Re:Strupod.. by Anonymous Coward · · Score: 1, Funny

      Who names their male dog "Britanny"?

    31. Re:Strupod.. by AlanS2002 · · Score: 1

      The kids, you would find out if you RTFA, weren't prosecuted for having sex. They were prosecuted for documenting it. A completely different argument, which has more justification. But perhaps not enough justification for prosecuting the teens the story relates to.

      --
      Not all conservatives are stupid,
      but it is true that most stupid people are conservative.
      - Hume
    32. Re:Strupod.. by ScrappyLaptop · · Score: 1
      "The rabbits out there (and there are a lot of them) live beneath the mounds of pushed over, uncut, hay."

      ...and what do you call the spaces under the mounds, in which they live? Holes. Rabbits live in Holes. Yours happen to live in Hay Holes, but Holes nonetheless. The parent did not specify holes in the ground, just "holes". And what's with the NPR "Perspectives"-like essay about your dog and his favorite rope, anyway? At least he doesn't die at the end of the story...

      Don't mind me, I'm tired and having a bad day.

    33. Re:Strupod.. by darkonc · · Score: 1
      The easy solutions to the courts' worries about the pictures getting out is that, if another person intercepted the pictures and, realizing what they were, kept a copy for 'personal use' those pictures would then be the child pornography that they shouldn't be classified as if they stayed in the possession of the young lovers.

      In other words, it's the possessor of the images which would make them child pornography.

      As this ruling stands, it's not just pictures what would be illegal. If (as is the case in Canada) written stories can be considered pornographic, even love letters between these two could be considered child pornography. A Diary entry could also be considered child pornography because it's possible that their parents could check up on what their children are writing.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    34. Re:Strupod.. by Anonymous Coward · · Score: 0

      Wait...so you admit that you want to see pictures containing underage nudity? Well, be my guest and look at them. I bet prison is lovely this time of year.

    35. Re:Strupod.. by that+this+is+not+und · · Score: 2, Informative

      The American Kennel Association.

      They don't name a 'dog' Britanny. They name a whole 'breed' of dogs Britanny.

      We named him Eliot. (well, my wife did. I call him 'stupid' sometimes.)

    36. Re:Strupod.. by mpe · · Score: 1

      But you see, here in The Land Of The Free (TM)*, the majority of the population see boobies and even sucks on nipples frequently for the first few months of their lives. Then they aren't allowed to see them again for 18 years.

      For added irony said "Land of the Free" has the highest proportion of its population in jail of any country on the planet.

    37. Re:Strupod.. by mpe · · Score: 1

      Utterly stupid. 18 year is way too high. Where I come from it's 15. When I was that age in the early 70's we fucked like rabbits.

      You appear to be arguing for an age of consent of 15. Which wouldn't really help here. The basic problem is that the age were someone may become a porn model/actor not aligned with the age of consent. (Not helped in this case by Florida having a complex age of consent law.) As long as this age is greater than the effective age of consent this kind of thing will continue to happen.

    38. Re:Strupod.. by DM9290 · · Score: 1

      "As this ruling stands, it's not just pictures what would be illegal. If (as is the case in Canada) written stories can be considered pornographic, even love letters between these two could be considered child pornography. A Diary entry could also be considered child pornography because it's possible that their parents could check up on what their children are writing."

      You're getting dangerously close to writing child pornography yourself by counseling that children should write each other love letters. What is your IP address?

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    39. Re:Strupod.. by DaveHowe · · Score: 1
      Here in the UK, the age of consent is 16, but the age for pr0n is 18.

      so you can happily shag like bunnies at 16, but one naughty picture taken by or for your lover could get you or them arrested...

      --
      -=DaveHowe=-
  2. Think of the children! by dsanfte · · Score: 4, Insightful

    So now even children are victims of ill-thought out, inane "OMG THINK OF THE CHILDREN!!~1~!" type laws?

    My head asplode.

    --
    occultae nullus est respectus musicae - originally a Greek proverb
    1. Re:Think of the children! by TheMeuge · · Score: 5, Insightful

      This is clearly a case of not just prosecutorial misconduct, but malicious prosecution of the worst kind. The majority brief actually included a part where they justified continuing this charade because these pictures MIGHT harm this couple in the future. The gall of the two judges who wrote this opinion is incomprehensible, and their hypocrisy borders on sadism. I mean, it seems as if they view the mere possibility of this picture surfacing as being more damaging to these kids than being labeled as sex offenders for the rest of their lives?

      I don't know what these kids did to piss the prosecution and the court off, but there is clearly malicious intent here.

    2. Re:Think of the children! by iminplaya · · Score: 1

      This isn't about about the children! It's about the damn MONEY! These people couldn't care less about the children! But apparently bringing up the real issue is considered offtopic to those who prefer to piss and moan about "age of consent".

      --
      What?
    3. Re:Think of the children! by dsanfte · · Score: 1

      You have the order a bit wrong, I think. It's about the idea that the 'morality' of the majority is the best for everyone. People demand it be enforced, legislators prey on the people's desire to see it enforced, and we end up with 'laws' that are somehow magically sacred despite coming from the filthy hamburger grinder of a house of politicians.

      To enforce these laws then, there is what you call the "prison industrial complex". And it certainly has an interest in its own survival. But it's a system set up to serve the primary desire, which is the majority public's desire to see other people forced to behave in a way that suits their 'morals'.

      --
      occultae nullus est respectus musicae - originally a Greek proverb
    4. Re:Think of the children! by scwizard · · Score: 1

      The gall of the two judges who wrote this opinion is incomprehensible, and their hypocrisy is sadism.
      Fixed. Or at least I can think of no other explanation.
      --
      ~= scwizard =~
    5. Re:Think of the children! by Anonymous Coward · · Score: 1, Interesting
      Clearly these two kiddie-porn traffickers should spend the rest of their lives registering a convicted sex offenders. Their neighbors should have fair warning that a kiddie porn trafficker lives next door so they can protect their children. Good thing these kids were stopped before things got any worse.

      This reminds me of a case in Wisconsin several year back where an 18 year 1 month old guy got his 15 year 11 month old girl friend pregnant. He applied for a marriage license. The lady behind the counter noticed his girl friend was under 16 and they were more than 2 years apart in age so he was arrested. He was prosecuted and convicted. The jury said the judge's instructions didn't leave them any choice but to convict.

    6. Re:Think of the children! by iminplaya · · Score: 1

      People demanded "morality" as much as Eskimos "demand" a refrigerator. The morality is being pushed by the authorities, not the other way around. and notice it doesn't apply to them. Nowadays most people are demanding revenge, and they pay lots of money into the system to get it. And much of the time they get the wrong guy! "Morality" is a dog and pony show intended to provide profit. If it was for real, then we would have moral authorities.

      --
      What?
    7. Re:Think of the children! by DM9290 · · Score: 0, Flamebait

      "I don't know what these kids did to piss the prosecution and the court off, but there is clearly malicious intent here."

      uhhh.. what they did was break the law.

      The only evidence you have put forward of malice was they fact that the law was enforced. Are you proposing that laws should be selectively enforced on an adhoc basis?

      Why aren't you pointing the finger at the public and at the legislature for writing such draconian and tyranical laws.

      These kids clearly broke the law. Malice is when the prosecution attempts to prosecute for some justification OTHER than enforcing the law. It isn't malice to lock up these child child-pornographers; its the LAW.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    8. Re:Think of the children! by Anonymous Coward · · Score: 3, Insightful

      You know, there is such a thing as "Public interest" when it comes to state prosecution. Do you believe was the public interest was served by prosecuting these kids?

    9. Re:Think of the children! by TheMeuge · · Score: 5, Insightful

      I blame the judges and the prosecution for the same reason I blame every member of the SS for the atrocities they committed upon the Jewish population during WWII.

      Just because the law exists, doesn't mean those who execute it are absolved of the responsibility. Ultimately, the responsibility for any action rests with the person who engages in it.

    10. Re:Think of the children! by vidarh · · Score: 5, Insightful
      One of the three judges apparently did not think they broke the law, so it's not nearly as black and white as you try to portray it. Furthermore, the majority opinion is using arguments that focus not on what they did, but about what they might do - it's certainly not clear that the majority of two judges have applied the law correctly.

      Also, even if what they did violated laws on child pornography, there is the separate issue of expectation of privacy.

      Regardless of that, the reason there is a system where people don't automatically get charged but one where district attorneys decide whether to press charges, is to attempt to ensure that justice is done - charges are dropped or not raised in the first place all the time when prosecuting a case isn't in the public interest.

      In this case there is a law ostensibly intended to protect children, that have now instead been used to harm children. Whether or not it's the law, it's still malicious and spineless of both the prosecution and the judges not to stand up for these children instead of harming them by letting this case get this far.

      That the judges who wrote the majority decision even went as far as claim that these children "could have" caused the pictures to be spread and cause harm to themselves that way is just plain disgusting - those two judges have done far more harm to these children than a few pictures would.

    11. Re:Think of the children! by Original+Replica · · Score: 4, Interesting

      "I don't know what these kids did to piss the prosecution and the court off, but there is clearly malicious intent here."

      So in the vein of "Who Guards the Guards?" What recourse do we as the public have against these people who twist the intention of the law into a worse crime? I would agree that this prosecution, and labeling as sex offenders has done considerable damage to these minors. Can you criminally prosecute a judge for malicious abuse of power? And as a side note: Will this be taken off of their records when they turn 18? After all they are minors.

      --
      We are all just people.
    12. Re:Think of the children! by Workaphobia · · Score: 2

      > "I mean, it seems as if they view the mere possibility of this picture surfacing as being more damaging to these kids than being labeled as sex offenders for the rest of their lives?"

      I don't remember anything in the article referring to registered sex-offender status. Speculation or source?

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    13. Re:Think of the children! by Vicissidude · · Score: 5, Interesting

      It isn't malice to lock up these child child-pornographers; its the LAW.

      Bullshit. If these two were 5-year-olds that were NOT having sex, but just taking pictures of themselves, then you would not call the cops in. You'd take the camera away, destroy the film, and tell them not to do that again.

      We are treating these 16-year-olds differently because they ARE old enough to know what they're doing. And since they're old enough to know what they're doing, they can be tried as adults. That alone should be enough to negate the kiddie porn charges for the pictures of themselves.

      Are you proposing that laws should be selectively enforced on an adhoc basis?

      To a certain degree, yes. The cops and judges did their jobs and performed their roles as the system intended. However, the DA is there to make sure that justice is served. The DA is granted the right to select which cases are prosecuted and which are not. The DA should have shut this one down as soon as he heard of it.

    14. Re:Think of the children! by kripkenstein · · Score: 1

      This is clearly a case of not just prosecutorial misconduct, but malicious prosecution of the worst kind.

      It seems so, but TFA was lacking in details on one area (but perhaps it is my lack of knowledge) - weren't they first convicted by a jury of their peers? If so, then shouldn't we be wondering why they did so? Very odd.

    15. Re:Think of the children! by Workaphobia · · Score: 1

      I know its cliche to get modded flamebait for daring to draw breath, but I feel that I have to have some record of the stupidity of my peers, hence this post.

      Gee, maybe next time I'll think twice before daring to ask for clarification regarding someone's rant.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    16. Re:Think of the children! by Xanius · · Score: 1

      Well, it obviously wasn't a jury of their peers. You have to be 18 to be selected for jury duty. If it were a jury full of 16 year olds they would have said not guilty and then asked the guy if the girl looked good naked.

    17. Re:Think of the children! by jandrese · · Score: 2, Informative

      I don't know about their laws, but around here convictions for any child pornography charges of any kind will get you put on those lists. There is no judicial discretion in the matter. Since they are minors it might be possible to have their names erased at 18 like with other crimes, but since I've never heard of minors getting prosecuted for child pornography (they're usually the victim!) I'm not entirely sure. As usual, the internet is not your best source for legal advice. Take everything with a grain of salt.

      --

      I read the internet for the articles.
    18. Re:Think of the children! by ultranova · · Score: 1, Insightful

      It seems so, but TFA was lacking in details on one area (but perhaps it is my lack of knowledge) - weren't they first convicted by a jury of their peers? If so, then shouldn't we be wondering why they did so? Very odd.

      The cynic in me says that the jury was really not made of their peers but of middle-aged people who wanted to make examples of these two to send a message to their own kids. That, or religious fundamentalists. In either case, what's a few innocent lives destroyed if it prevents someone from having sex, eh ? Another victory for the forces of purity, right ?

      And in any case, merely being accused of this is enough to get them marked sex offenders for life no matter what the judge or the jury says, isn't it ? So can as well go all the way, they are as good as dead anyway...

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    19. Re:Think of the children! by toriver · · Score: 3, Insightful

      uhhh.. what they did was break the law.

      They broke the letter of the law, not the intent of the law. Laws are interpreted by courts. Using a law designed to protect children to punish children instead is just bizarre.

    20. Re:Think of the children! by reanjr · · Score: 1

      When a law applies to a situation only when people of a certain age are involved, the law should apply differently to offenders of different ages, yes.

    21. Re:Think of the children! by moz25 · · Score: 1

      Instead of becoming enraged, you should have read the next line in that post: "That alone should be enough to negate the kiddie porn charges for the pictures of themselves." -- I think this should make it very clear where the OP stands on this issue.

      Once you stop foaming at the mouth, perhaps you can issue an apology.

    22. Re:Think of the children! by Sj0 · · Score: 3, Interesting

      Actually, the reality of the situation is that if the police caught those 6 year olds, they COULD be charged, and most likely WOULD. They'd then be sent to perverse brainwashing camps that are designed to first convince them that they are sexual predators, then destroy their self-esteem and tell them that they can never be trusted, that they're worthless human beings, that they're irredeemable.

      This is part of a moral panic in America about 'Children who molest'. Every time I think about what Americans are doing to innocent children, I get very mad.

      I urge every slashdotter who reads this to go out and learn more about this phenomenon. Ethical Treatment for All Youth documents what's happening to kids across America right now in situations like this, and the devastating consequences.

      --
      It's been a long time.
    23. Re:Think of the children! by radarsat1 · · Score: 1

      I feel sort of scared and afraid of anyone who writes "LAW" in capitals like that. Is that normal?

    24. Re:Think of the children! by Anonymous Coward · · Score: 0

      Or is it OMG Think of the pink furry bunnies!

      Interestingly they don't reveal how the photos were discovered.

      Being purely speculative, I reckon they should be charging the dirty cop who 'somehow' discovered the dirty photos while wiretapping some poor kids' email. Even the parents have questionable rights over kids who are 16 and 17 years old, with regards to intercepting their email. In many countries, at that age, they have pretty much full consenting rights for medical procedures and many legal contracts.

    25. Re:Think of the children! by dorsey · · Score: 2, Insightful
      --
      hinderfreude ('hin-dur-"froi-d&), n. The feeling of joy derived from being in the way.
    26. Re:Think of the children! by stonertom · · Score: 0

      ounno abnmut local law, but in the uk spent convictions stay viable, just disregarded. No applying to teach for them!

      --
      Shameless plugs and inaccessible site design FTW! - www.mistletoestreetmusic.com
    27. Re:Think of the children! by ubernostrum · · Score: 4, Interesting

      I don't remember anything in the article referring to registered sex-offender status. Speculation or source?

      Speculation, but speculation that's exceedingly likely to be correct. Look up the case of Glenarlow Wilson, a child in neighboring Georgia who will be registered as a child molester for the rest of his life, after serving a mandatory 10-year prison sentence -- because, at the age of 17, he had consensual oral sex with a 16-year-old girl. Georgia law at the time drew no distinction whatsoever about the age of the "molester"; any oral sex involving a minor, even if the partner was also a minor, was felony child molestation and left no room for judicial discretion in sentencing.

    28. Re:Think of the children! by AK+Marc · · Score: 2, Insightful

      I blame the judges and the prosecution for the same reason I blame every member of the SS for the atrocities they committed upon the Jewish population during WWII.

      And I blame the jury the same as I blame the guards in concentration camps. The jury could have easily prevented a conviction. Why would 12 people agree that a self-pic is child porn? I think the Fully Informed Jury Association is a pile of nuts, but there are times when jury nullification should be used.

    29. Re:Think of the children! by AK+Marc · · Score: 1

      The jury said the judge's instructions didn't leave them any choice but to convict.

      I wouldn't sell my soul just to follow the instructions of a judge.

    30. Re:Think of the children! by dgatwood · · Score: 4, Insightful

      Charging kids with sex crimes to prevent exploitation of minors is like f*cking for virginity.... There are three problems here:

      1. The law fails to take into account the relative age of the two parties (the one who was photographed and the one possessing it).
      2. The law fails to take into account that anyone who can be tried as an adult should also be competent to make decisions of a sexual nature.
      3. The law fails to take into account whether the minor was in any way coerced (or even asked) to take the photos.

      #1 is bad because the stated purpose for these laws is to prevent an authority figure (including any older person to some degree) from using that position of authority to coerce a minor into doing something damaging. A person of the same age, assuming neither party is mentally handicapped, just doesn't have the same effect. Now if peer pressure from a group of people were involved... well, that gets a little tricky, but there's no reason to believe that this was the case.

      #2 is bad because it is a direct abrogation of the "equal protection" clause of the 14th Amendment. In effect, it says that the laws that protect you as a minor only apply when it is convenient for the state to apply them.

      But by far, the worst one is #3. Based on that, if a kid sends someone nude photos, even if the recipient did not ask for them, the recipient could be charged with a sex crime. WTF? That's the most absurd thing I've ever heard. Want to get that law changed in five minutes flat? Every high school boy or girl out there should send semi-nude photographs of themselves to their congressmen, then turn them in. I guarantee that such a flawed law will get corrected in a hurry.... :-)

      I'm sure this case will get overturned on appeal, but I'm firmly of the opinion that the prosecution and the judge in this case should be the subject of a public flogging for gross misconduct. There's no excuse for ruining the life of a minor based on what amounts to a technicality in the law. For once, "think of the children" is exactly what we should be doing, and the only way to do that is to change this broken law.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    31. Re:Think of the children! by rossifer · · Score: 1

      uhhh.. what they did was break the law.
      So? Plenty of people breach the letter of the law without doing anything wrong. Morality and legality are only occasionally related.

      The only evidence you have put forward of malice was they fact that the law was enforced. Are you proposing that laws should be selectively enforced on an adhoc basis?
      I'm just stunned at the abject stupidity displayed by your remarks. What do you think the purpose of judges and juries is? Because it's clear you don't know, I'll answer my own question: judges and juries decide if an action that appears to violate a law actually is a criminal action. It's the difference between the accused and the convicted.

      In this particular case, the actions of these kids harmed nobody. Any reasonable interpretation of anti-child-porn laws is that they are intended to protect innocent children from predatory adults. As in: DOESN'T APPLY HERE.

      Malice is when the prosecution attempts to prosecute for some justification OTHER than enforcing the law. It isn't malice to lock up these child child-pornographers; its the LAW.
      You are a font of unadulterated bullshit. When you've gotten around to removing your head from your rectum and take a look at the real relationships between law and morality and society, let us all know. Then you'll be worthy of discussing the topic with adults.

      Regards,
      Ross
    32. Re:Think of the children! by jamstar7 · · Score: 1

      The majority brief actually included a part where they justified continuing this charade because these pictures MIGHT harm this couple in the future.

      So, the court decided that they MIGHT harm the kids in the future decides to judicially harm these same kids NOW. Welcome to the loving nanny-state, where if you make your own decisions for your life, you will be punished.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    33. Re:Think of the children! by dgatwood · · Score: 4, Interesting

      Laws that don't allow for circumstantial sentencing should be abolished outright. There is never a reason to pass a law that does not take circumstances into account. It is not a question of whether the law will be abused, but a question of when, how, and how frequently....

      On the other hand, I feel that with the exception of a handful of very basic laws (rape, murder, theft), all laws should be required to have a sunset provision that makes them expire unless renewed. That would force heinous laws like this one to at least get rehashed every ten years or so....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    34. Re:Think of the children! by RESPAWN · · Score: 2, Insightful

      Probably depends on the state and the laws involved. I remember reading an article in a paper in GA last year, about a local Atlanta woman who is still registered as a sex offender because she gave some other kid a blow job in a high school classroom when they were both minors. She was now being forced to move due to a new GA law which prohibited registered sex offenders from living within 15 miles of a school bus stop. I don't remember the details, but apparently her case was complicated by the fact that she was technically performing an act of sodomy. IIRC, More recent ammendments to the sodomy law would allow future offenders to drop their registration after a time period, but her case was not grandfathered in.

      So, getting back to the point, hopefully these two teens will be allowed to stop registering at some point in their lives.

      (On a personal note, I don't feel that we should punish women for giving blow jobs. In fact, I feel quite the opposite. Any woman who routinely gives blow jobs deserves to be rewarded! :-P)

      --

      If Murphy's Law can go wrong, it will.

    35. Re:Think of the children! by jamstar7 · · Score: 3, Insightful

      You know, there is such a thing as "Public interest" when it comes to state prosecution. Do you believe was the public interest was served by prosecuting these kids?

      Yup. If your view of children is rights-less chattels emancipated by the age of consent, absolutely. If your intent is to get legal sanction to brainwash your under-18 citizens with whatever viewpoint the State sees as desirable in order to maintain control of said under-18 citizens for life, you bet. If you have the money to influence your government to legitimise whatever Puritanical viewpoint you happen to be carrying, without a doubt.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    36. Re:Think of the children! by edschurr · · Score: 2, Insightful

      If a job is absolutely going to be done whether you do it or not, then why not take advantage of it and make some money? Pragmatism at its finest! Responsibility then would fundamentally rest on the society that created such an atmosphere, and not on the individual.

      There are possible confounding factors but they can be contrived away to keep possible the evaluation of this idea.

      Thinking out loud here.

    37. Re:Think of the children! by dsanfte · · Score: 1

      Oh, bullshit. Laws, prisons, and police are the children of the populace's judgemental desires.

      --
      occultae nullus est respectus musicae - originally a Greek proverb
    38. Re:Think of the children! by Anonymous Coward · · Score: 1, Informative

      It was a three-person jury. 2 in favor of prosecution, 1 against.

    39. Re:Think of the children! by Dutch+Gun · · Score: 1

      Good Lord... ask a simple question, get modded Troll? With any luck, the meta-moderation will do its job here. Sucks for you Workaphobia...

      --
      Irony: Agile development has too much intertia to be abandoned now.
    40. Re:Think of the children! by TheMeuge · · Score: 1

      Well, there are always people who are going to pay to have someone tortured, so why don't you get right down to it?

      Pragmatism and self-interest should only extend as far as ethics allow it, otherwise it's called sociopathy.

    41. Re:Think of the children! by iminplaya · · Score: 1

      I'll cut you some slack and just say it's very symbiotic, or mutually parasitic. Either way, the profit motive is what drives it now. Most of our laws are intended to generate revenue(speed traps, prohibition,RICO, even the patriot act) and protect company profits(DMCA, IP law in general). You don't have to believe it, but I just follow the money. Yes, we have all these "nice" laws to protect the children, but it's real intent is to put a significant part of the population at a disadvantage, unable to achieve truly gainful employment, all for getting caught pissing in the alley. Real predators roam free while pot smokers languish. This would not happen if the intentions were authentic. The numbers show that they are not. You can focus on stated intent(spin). I will focus on the results.

      --
      What?
    42. Re:Think of the children! by Phoobarnvaz · · Score: 1

      there is the separate issue of expectation of privacy.

      Let's see about this...they sent the photos by e-mail or a "public" network. From having setup & run e-mail servers over the Net...sure...e-mail is private & has an expectation of privacy by sending the photos by this public network.

      Folks who think this is true are living in a true fantasy world. E-Mail or any other medium used to send anything using PUBLIC CHANNELS (Cell/Internet) Is NOT Private!!! Someone CAN & Probably WILL intercept your communications!!! Encryption CAN BE BROKEN!!!

      For instance...was on a ISP several years ago that used to read my e-mail. Knowing this...sent another ISP a message that I was considering switching to their service...due to my current ISP having lousy service. The next day & after that...my service got 1000% better...because they read my message.

      Don't blame the court & the judges for showing more understanding than these kids refused to acknowledge or even understand. Short of using yourself or another person to deliver messages...any communications method IS NOT PRIVATE.

      --
      Don't worry about the world coming to an end today. It's already tomorrow in Australia. - Charles M. Schulz
    43. Re:Think of the children! by Anonymous Coward · · Score: 0

      ...to protect you we will kill you... ...to protect you we will kill you...

    44. Re:Think of the children! by Anonymous Coward · · Score: 0

      It's Georgia. Religious fundamentalists are about all they have down there.

    45. Re:Think of the children! by Sj0 · · Score: 1

      Judging from the literature I've read, they'll remain on the sexual offender registry. This leads many children who are charged with 'sex crimes' (read: Playing doctor) to suicide.

      --
      It's been a long time.
    46. Re:Think of the children! by Diagoras+of+Melos · · Score: 1

      (A) I'm not at all comfortable this will be overturned on appeal (and what a waste of legal fees!).
      (B) There is a long, illustrious, and exceedingly valuable tradition of nude photography as art, including (perhaps especially) of persons under the age of 18.

      http://www.amazon.com/Emerging-Bodies-Nudes-Polaro id-Collections/dp/3908163323/sr=8-1/qid=1171153037 /ref=sr_1_1/104-8147539-7210360?ie=UTF8&s=books

      So this isn't merely a travesty of the American justice system. It is a First Amendment violation, because constitutionally the crime CAN'T be the transmission of these photographs or, as the judges implied, the existence of the photos themselves. It can only be how they are used.

      The average age of first sexual encounter in the US is 17 (might even be true for Slashdotters), so by the standards of our legal system, we are a nation of rapists. It's not just the politicians and corporations.

      Time, maybe, to rethink our laws.

      --
      -- "The only thing that is ever new in the world is the history you do not know." -- Harry Truman
    47. Re:Think of the children! by oopsdude · · Score: 2, Insightful
      The DA is granted the right to select which cases are prosecuted and which are not.

      Yes, he/she can. But only when it's a matter of whether or not they have a case or not; whether the law is just as it applies to a particular case is not up to a DA to decide. It's up to a judge or jury to decide if the law should be changed. (Or the lawmakers, but I'll be damned if they won't cry, "Think of the children!" and drown out the cries of reason.)

      Here's a list of the various court officers' functions:
      • Defense attorney - represents the defendant to the best of his/her ability. Does not decide for him/herself whether or not the defendant is actually guilty.
      • District attorney - represents the state (the law, as it currently stands) to the best of his/her ability. Also does not decide for him/herself whether or not the defendant is actually guilty. They represent THE LAW, even if they personally don't believe in it. They chose their own career. (I know I switched pronouns.)
      • Judge/Jury - decides whether or not the defendant is guilty.


      The DA does not get to decide who to prosecute based on his/her interpretation of the law, just as a defense attorney doesn't get to decide who to defend. (I understand that in our system, private attorneys do get to decide, but if all we had were public defenders, they would be two sides of the same coin.)

      Selective enforcement is worse than full enforcement or zero enforcement. It opens the door to racism, sexism, all sorts of other -isms on the part of the state, and turns DAs into the judge and jury. (Extortion, too. Think about it.)

      Think the law is unjust? Change it! Take it to the Supreme Court, or petition your lawmakers. I know that it's a very imperfect system, but it's better than the alternative. I'm not cynical yet.
    48. Re:Think of the children! by Wonko+the+Sane · · Score: 1

      I urge every slashdotter who reads this to go out and learn more about this phenomenon. Ethical Treatment for All Youth documents what's happening to kids across America right now in situations like this, and the devastating consequences.


      That is the most horrifying website I have ever read. I can only hope that every single person who is involved with running these "treatment centers" is eventually sent to prison. That is completely insane.
    49. Re:Think of the children! by Anonymous Coward · · Score: 3, Insightful

      So in the vein of "Who Guards the Guards?" What recourse do we as the public have against these people who twist the intention of the law into a worse crime?

      Well, there are only a few things to do. You can petition the legislature to impeach the judges. You can not re-elect the prosecutor and/or the local level judges who permitted this case to proceed. Of course, the legislature and the judges are all lawyers who watch each others' backs for the most part, and too many of your fellow citizens will be well-pleased to watch two teens who omigod HAD SEX get their lives ruined.

      So if you really want things to change, you'll have to get with several people who agree with you, track down the people you consider responsible for all this, and kill them. This is called revolution -- and bloody revolution is the only way in history that people with authority who blatantly abuse that authority ever give up that power.

      Oh, you're not really ready to revolt yet? For the most part, neither is anyone else. I'm not either, actually. Which is why nothing will change, and these two kids will suffer. But don't worry, just scroll on down to the next /. article, and try to forget.

    50. Re:Think of the children! by geminidomino · · Score: 1

      No surprise you posted anonymously. Who would want to admit to being a soulless parasite?

    51. Re:Think of the children! by geminidomino · · Score: 1

      Actually, it's here in my own *hock-ptooey* state of Florida...

      No shortage of Fundie-scum here either though. We even had a Bush in Charge until not too long ago.

    52. Re:Think of the children! by geminidomino · · Score: 1

      Remember that phrase. It's a "get out of jury-duty free" card.

    53. Re:Think of the children! by diablomonic · · Score: 1

      EXACTLY. understand this post and understand why this bullshit happens.

      --
      watch "the money masters" on google video
    54. Re:Think of the children! by lessthan · · Score: 1

      Okay. I have no issue with your statement that public channels aren't secure. I do have a problem with your assertion that someone is watching us right now. What gain is there in such wide scale monitoring? The $X.00 that you pay for internet, is it really enough to be worth reading all your emails? Even with a filter to catch what "they" consider relevant, someone is going to have to read it. How many customers does your ISP have? Hundreds? Greater than a thousand customers? Imagine the volume of email those customers produce. How many salaries paid to read that amount of mail? Just so you don't switch services? I find that unlikely. Just as I find the chances of me being monitored right now unlikely. Someone could be watching me right now, but I am only one voice in a discordant choir of millions. What are the chances?

      --
      Space Shuttle was a program that strapped humans to an explosion and tried to stab through the sky with fire and math
    55. Re:Think of the children! by edschurr · · Score: 1

      Well, there are always people who are going to pay to have someone tortured, so why don't you get right down to it?
      It's not my sort of job. Besides, there isn't a strong economy for contract torturing where I live.

      If it is unethical to torture somebody who will be tortured no matter what, then it apparantly doesn't mean much. So I'll change it: it is unethical to cause somebody to be tortured. The torturer is absolved.
    56. Re:Think of the children! by crimson30 · · Score: 1

      What recourse do we as the public have against these people who twist the intention of the law into a worse crime?

      I don't know about the public. But if I were wronged in such a manner, I would exact revenge on the perpetrators.

    57. Re:Think of the children! by Anonymous Coward · · Score: 0

      I call Godwins Law on you. Your comment is a failure.

    58. Re:Think of the children! by Sj0 · · Score: 1

      Yes, when I first encountered the site, I ended up spending the next 8 hours reading every single case on there. I couldn't look away. If there's one thing I want to change in my life, this is it.

      Like I said, these kids being charged for sending pictures of themselves to other people their age, it's just the tip of the iceburg in a whole system designed to 'cure' children of sexuality with the same discredited methods used to 'cure' homosexuals in the 1930s. Anyone who hasn't, check out that link. It's definitely horrifying.

      --
      It's been a long time.
    59. Re:Think of the children! by pluther · · Score: 1

      Of course, what would be perfectly ironic, and, given their ages, I wouldn't be too shocked if it actually happened:

      They could be tried as adults.

      --
      If the masses can keep you down, you're not the Ubermensch.
    60. Re:Think of the children! by ocbwilg · · Score: 1

      Speculation, but speculation that's exceedingly likely to be correct. Look up the case of Glenarlow Wilson, a child in neighboring Georgia who will be registered as a child molester for the rest of his life, after serving a mandatory 10-year prison sentence -- because, at the age of 17, he had consensual oral sex with a 16-year-old girl. Georgia law at the time drew no distinction whatsoever about the age of the "molester"; any oral sex involving a minor, even if the partner was also a minor, was felony child molestation and left no room for judicial discretion in sentencing.

      I am familiar with this case, having recently done some research on it. It's truly a travesty of justice, and not just because he was convicted of felony child molestation for having consensual oral sex with a classmate. The worst part was that if they had had vaginal intercourse (which many people consider to be at least one step beyond oral sex) it would have been a misdemeanor and probably wouldn't have been prosecuted at all.

      It truly boggles the mind. The whole point of having judges was supposed to have been so that someone who was familiar with the intent of the law could adjust the punishment to fit the circumstances of the crime. But we've gotten to the point where people complain about activist judges who interpret too much or give too much leeway, and now we're stuck with mandatory sentences for all sorts of behavior. Add into the mix a legislature that is almost totally PR driven and a "we must protect the children" mentality, and you end up with a lot of badly written laws that don't leave any wiggle room for judges to apply common sense. What a sad state of affairs.

    61. Re:Think of the children! by EonBlueApocalypse · · Score: 1

      I couldn't read for more then a few minutes... It's already that infuriating. This is truly sad... I don't know what else to say. Just horrible.

    62. Re:Think of the children! by Sj0 · · Score: 1

      If you're an American, please contact your congressman about this. I think if people in charge are forced to see the consequences of these laws and their implementation, we can change this situation.

      --
      It's been a long time.
    63. Re:Think of the children! by Hyperspite · · Score: 1

      Just because you were in a position to see that doesn't mean that these kids knew that. When I send an email, even if I'm not using PGP or something, I believe I have a reasonable expectation that no one is personally looking at what I'm sending. Maybe the FBI or some hacker is gathering data, but I'm pretty sure no one is personally interested in me, and I am reasonably sure that it'll stay private and not bite me in the ass coming from a 3rd party provided it was legal content. These kids may not even understand that their communications could be intercepted. Even if they do, I still think they have a reasonable expectation that their communication is between them. If someone did intercept those pictures and started distributing them, what are the odds that they would ever be connected to this specific couple? Some asshole pedophile might be *ahem* using the pictures, but the girl and boy would never know, and would never be directly harmed. Anyway, this law is stupid. My 2 cents.

    64. Re:Think of the children! by Frozen+Void · · Score: 1

      These creeps are viewing themself as "morally superior",while abusing teenagers for everything that doesn't fit their morals.
      I hope they all die a slow and painful death.

    65. Re:Think of the children! by Anonymous Coward · · Score: 0

      The problem is the legislature.

      Every now and then, there is public outrage in response to the Court's handling of a case.
      In response, the legislature respond by restraining the Court's discretion to handle things. Reducing sentencing discretion is one thing; another is the use of absolute liability offences (which require no fault element).

      I only wish that the newspapers/public would realise what they are doing to themselves every time they push for this kind of nonsense.

    66. Re:Think of the children! by Anonymous Coward · · Score: 0

      I blame the judges and the prosecution for the same reason I blame every member of the SS for the atrocities they committed upon the Jewish population during WWII. But you blame "every member of the SS" because you're totally ignorant of military history and of what "the SS" was. Is that really the reason why you also blame these judges?

      What's e.g. a random Panzergrenadier of the Waffen-SS in Stalingrad got to do with atrocities committed against jews?

      I suppose what you really meant to say is that you blame some of the members of the Allgemeine SS Einsatzgruppen and their willing henchmen from the occupied territories. Many jews participated in these atrocities, willingly or unwillingly.

      Why stop with the stupidly sweeping "SS" generalisation? You might as well say that you blame e.g. "every Jew, Pole, Lithuanian, Russian, Ukrainian, German,...", since people from those groups and many more participated.

      (Hey Godwin, here's a job for you!)
    67. Re:Think of the children! by nightfire-unique · · Score: 1

      Rope. Judge. Tree. Some assembly required. :)

      --
      A government is a body of people notably ungoverned - AC
    68. Re:Think of the children! by dgatwood · · Score: 1

      The fundamental problem with the legislature is that the government is more concerned with getting reelected than doing the right thing. This is why members of congress (both the senate and the house) should get elected to one six-year term, overlapping in two-year increments, with no possibility for reelection. Such a scheme still avoids the problem of not having anyone with experience but at the same time ensures that while they're on the Hill, they are focusing on the job at hand and doing what's best for their constituents.

      I mean, the founding fathers intended for Congress to be a part-time job, meeting once a year for a couple of weeks, with them spending the rest of their time among their constituents. Instead, over the years, we've slowly turned it into a full-time job in which they spend years or even decades without darkening the door except during campaign season. If they seem out of touch... well, that's because they are....

      Ironically, the whole purpose for having long terms for the government was to limit the likelihood that they would suddenly change radically due to the issue of the day, and indeed, that's why most judges at the higher levels are appointed for life. By allowing the legislature to limit the judiciary, that's a pretty direct violation of the separation of powers guaranteed in the constitution, and IMHO, laws that prescribe mandatory sentencing should be declared unconstitutional even without changing things. Unfortunately, the SCOTUS doesn't have the stomach to go head-to-head against public opinion these days. It's a shame how low our courts have sunk.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    69. Re:Think of the children! by RexRhino · · Score: 1

      This is clearly a case of not just prosecutorial misconduct, but malicious prosecution of the worst kind.

      No, this is not clearly a case of prosecutorial misconduct, nor malicious prosecution. This is the logical, reasonable, and inevitable end result of "zero tolerance" policies on crime. Once you accept the logic of a police state (no matter if it is the War on Drugs, War on Terror, Gun Control, Hate Speech, Sex Crime Hysteria, or any of the other mainstraim "Law & Order" political movements), then reactions like this are totally reasonable within the logic of that belief system.

    70. Re:Think of the children! by An+Onerous+Coward · · Score: 1

      He said "public interest," not "state interest". I do see where you're coming from, but you're describing the latter.

      --

      You want the truthiness? You can't handle the truthiness!

    71. Re:Think of the children! by Anonymous Coward · · Score: 0

      No. It was a panel of judges. There was no jury. Juries do not commonly write opinions regarding their decisions. They write tell-all books.

    72. Re:Think of the children! by Anonymous Coward · · Score: 0

      We should have constitutional amendment making it illegal, regardless of circumstances, to make laws that don't take circumstances into consideration... :)

    73. Re:Think of the children! by Anonymous Coward · · Score: 0

      What's e.g. a random Panzergrenadier of the Waffen-SS in Stalingrad got to do with atrocities committed against jews?
      Yep. Atrocities against cattle goyim, on the other hand, don't count at all.
    74. Re:Think of the children! by bhiestand · · Score: 1

      It was a three-person jury. 2 in favor of prosecution, 1 against. No, it was a court of appeals. The decision was a majority decision (2 out of 3). The article didn't mention whether the original trial was decided by a judge or jury.
      --
      SWM seeks new sig for a brief fling
    75. Re:Think of the children! by bhiestand · · Score: 1
      Very well written, but you missed a few important points.

      The DA is granted the right to select which cases are prosecuted and which are not.

      Yes, he/she can. But only when it's a matter of whether or not they have a case or not; whether the law is just as it applies to a particular case is not up to a DA to decide. It's up to a judge or jury to decide if the law should be changed. Wrong. It's not just that the DA can decide whether to charge somebody, it's that the system was designed exactly that way to attempt to avoid mistakes like this! There is supposed to be a human factor that decides whether or not it is in the best interests of the people to prosecute. Of course that human factor is elected, and is unlikely to be re-elected when mistakes like this are made.

      Here's a list of the various court officers' functions:
      • Defense attorney - represents the defendant to the best of his/her ability. Does not decide for him/herself whether or not the defendant is actually guilty.
      • District attorney - represents the state (the law, as it currently stands) to the best of his/her ability. Also does not decide for him/herself whether or not the defendant is actually guilty. They represent THE LAW, even if they personally don't believe in it. They chose their own career. (I know I switched pronouns.)
      They also decide whether or not to prosecute.

      • Judge/Jury - decides whether or not the defendant is guilty.
      In many states the jury also judges the law. Search through other posts in this article for "nullification" and you'll get a few great explanations. Regardless, they certainly are both intended to be humans, not some binary decision switch that automatically locks anyone away who technically violated a law.

      The DA does not get to decide who to prosecute based on his/her interpretation of the law, just as a defense attorney doesn't get to decide who to defend. (I understand that in our system, private attorneys do get to decide, but if all we had were public defenders, they would be two sides of the same coin.) Wrong. Wrong. Wrong. The entire purpose of the DA is to decide whether or not to prosecute based on the evidence and the interests of the people. In every jurisdiction I know of, the DA also has the right to drop the charges throughout the trial. Like it or not, DAs decide whether individuals should be prosecuted all the time.

      Selective enforcement is worse than full enforcement or zero enforcement. It opens the door to racism, sexism, all sorts of other -isms on the part of the state, and turns DAs into the judge and jury. (Extortion, too. Think about it.) Right. It's better to persecute anyone than risk people being selectively less persecuted. That has to be one of the stupidest arguments I've heard. Yes, the bad laws should be changed, but no, the DA should not intentionally press charges against anyone and everything that technically violates the letter of the law just to avoid the risk of possibly discriminating based on race.

      Think the law is unjust? Change it! Take it to the Supreme Court, or petition your lawmakers. I know that it's a very imperfect system, but it's better than the alternative. I'm not cynical yet. You mean the alternative where the juries decide whether or not a law is valid and District Attorneys decide whether or not it's really worth it to prosecute/persecute someone? It sounds like YOU are the one presenting an alternative, and your alternative is certainly worse than our current legal system where people are allowed to interpret the law, the evidence, and the situation before locking people up.
      --
      SWM seeks new sig for a brief fling
    76. Re:Think of the children! by DM9290 · · Score: 1

      "One of the three judges apparently did not think they broke the law, so it's not nearly as black and white as you try to portray it."

      What is black and white is that if you are upset, you should be upset with the LAW, not with the judges. It is interesting but legally irrevelant if one of the judges dissented in this case. The majority of appeal court judges agreed, and so did the TRIAL judge.

      "Also, even if what they did violated laws on child pornography, there is the separate issue of expectation of privacy."

      You are right. This is an entirely seperate and MOREOVER irrelevant issue. If the police conducted an illegal search and seizure then they could have had the evidence quashed on that basis. However, as this did not happen we can only assume that the evidence was seized LAWFULLY and therefore there is no issue of reasonable expectation of privacy. The 4th ammendment does not give you immunity to being searched. It merely requires a warrant of a judge based on probable grounds.

      "Regardless of that, the reason there is a system where people don't automatically get charged but one where district attorneys decide whether to press charges, is to attempt to ensure that justice is done - charges are dropped or not raised in the first place all the time when prosecuting a case isn't in the public interest."

      Who says this was not in the public interest? Some dangerous criminals have been identified and will be branded for life, and prevented from ever participating in society like normal citizens. Justice is served.

      You are obviously not qualified to determine what is in the public interest because the District Attourney DISAGREES with you. And it is HIS/HER job to determine this. If you dont like it, then you should not have such blind faith in the ability of the DA to exercise discretion and instead you should demand that laws are written unambiguously. but wait.. THEY WERE. What these children did is ILLEGAL. Your only issue is that you are squeemish about punishing kids for something that you have no qualms about destroying an adult over. You dont like to think of children of being capable of immorality or evil or whatever it is that fuels the hysteria over sex and pornography.

      If you disagree with that law then have the LAW CHANGED. Don't whine because "justice was served" to the letter.

      Floridians HAVE FORSEEN THIS. Don't pretend that legislature is caught by suprise. They have been at this for a LONG TIME.

      What you are advocating is that the DA should simply REFUSE to enforce the law against certain groups it deems the law ought not apply. That would amount to a break down of the government and invite vigilanteeism as the public would then have no recourse but to take the law into their own hands.

      If you think this case is so black and white, why did legislature pass the law, and why did the governor approve it? Obviously the state is free to decide that children who make naughty pictures of themselves should be locked up for the good of society. And the DA and courts have no right to overrule this.

      My understanding is that in florida, ex-cons can't vote. Therefore you have a system whereby the ONLY people who could have first hand experience being screwed over by illogical laws are banned from ever voting. You reap what you sow.

      Perhaps you can visit the victims of your fair justice in prison. Or perhaps you should do now what you ought to have done before... speak out against kneejerk legislation and demand lawmakers fucking THINK before they pass a bill. Demand that everyone be allowed to vote, and that the rights of full citizenship be restored to a person once they have served their time.

      While you're at it.. demand that ALL victimless crimes be decriminalized.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    77. Re:Think of the children! by DM9290 · · Score: 1

      "Ultimately, the responsibility for any action rests with the person who engages in it."

      So rather than blaim the people of florida for passing such cruel and vindictive laws, you blaim the judges and prosecution who are duty sworn to uphold them. VERY FAIR OF YOU!

      What you are saying is that the judges and the prosecution should have quit their jobs over this. That is the ONLY course of action open to them.

      Have you considered refusing to pay taxes? By paying taxes you support the system which is keeping these kids locked up.

      Have you looked at your own state laws regarding child pornography? Do you think they are any better?

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    78. Re:Think of the children! by DM9290 · · Score: 1

      "Once you stop foaming at the mouth, perhaps you can issue an apology."

      oopsdude was not foaming at the mouth. He was educating you and others on the way the law works.

      "Instead of becoming enraged, you should have read the next line in that post: "That alone should be enough to negate the kiddie porn charges for the pictures of themselves." -- I think this should make it very clear where the OP stands on this issue."

      An interesting legal argument but irrelevant. The issue of being tried as an adult deals with mental maturity of the accused at the time of the offense. Child pornography only deals with what is depicted in the picture. The real world mental age of the person in the picture is not material to the depiction.
      In fact in many areas even if the person in the picture is OVER 18 years old, it could still be child pornography if it appears to depict someone under 18.

      The problem is the law attempts to criminalize things that MAY OR MAY NOT be harmful "just to be sure".

      People have bought into the right wing hysteria that police and cops are powerless to fight crime and have demanded that legislature criminalize all sorts of INNOCENT behavior just to be sure no crime slips through the cracks. Apparently we are no longer capable of using such age old behavioral modification techniques such as RIDICULE or SCORN for those grey areas. Everything has to involve a jail sentence, castration and branding for life.

      This is the society you wanted.

      If you are serious about changing it, at least lobby the proper people. LAWMAKERS. oopsdude was simply trying to HELP YOU.

      On the otherhand if you think the DA should have the power to decide who and what to prosecute.. then you have nothing to complain about anyway.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    79. Re:Think of the children! by DM9290 · · Score: 1

      "
      Charging kids with sex crimes to prevent exploitation of minors is like f*cking for virginity.... There are three problems here:

            1. The law fails to take into account the relative age of the two parties (the one who was photographed and the one possessing it).
            2. The law fails to take into account that anyone who can be tried as an adult should also be competent to make decisions of a sexual nature.
            3. The law fails to take into account whether the minor was in any way coerced (or even asked) to take the photos.

      "

      There is no requirement that laws take into account any of the factors you cite. The only requirement is the law is not vague and the law does not run afoul of the constitution or florida or the bill of rights. The court has no other basis to overturn a law.

      "I'm sure this case will get overturned on appeal, "

      Don't hold your breath.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    80. Re:Think of the children! by DM9290 · · Score: 1

      "When a law applies to a situation only when people of a certain age are involved, the law should apply differently to offenders of different ages, yes."

      The law should be applied the way it says it should be applied in the statute, interpretted according to the rules of legal interpretation and based on past precedent.

      Courts are not free to invent new methods for interpretting law on a case by case basis just because the accused is well loved or much hated by society.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    81. Re:Think of the children! by DM9290 · · Score: 1

      "So? Plenty of people breach the letter of the law without doing anything wrong. Morality and legality are only occasionally related."

      I never said they did something immoral, I said they did something illegal.

      "I'm just stunned at the abject stupidity displayed by your remarks. What do you think the purpose of judges and juries is? Because it's clear you don't know, I'll answer my own question: judges and juries decide if an action that appears to violate a law actually is a criminal action."

      And that does not include twisting the meanings of words so that acts which they imagine were not harmful are excluded from the statute.

      "It's the difference between the accused and the convicted."

      in this case they were convicted. And the conviction was upheld by the court of appeals.

      "In this particular case, the actions of these kids harmed nobody. "

      This is irrelevant. Now YOU are confusing legality with morality. Something doesn't need to actually HARM someone in every instance in order to be illegal.

      "Any reasonable interpretation of anti-child-porn laws is that they are intended to protect innocent children from predatory adults. As in: DOESN'T APPLY HERE."

      These are NOT "innocent children". These are convicted sex offenders. And moreoever the PURPOSE of the law is of very minimal persuasive importance in the determination of whether or not someone broke it. As soon as you start making PURPOSE important then you will start convicting people who are technically innocent but have run afoul of the laws purpose. The Nazi's were fond of this tactic.

      "You are a font of unadulterated bullshit. "

      well.. if thats what you think of the law, then I'm not suprised you dont understand it.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    82. Re:Think of the children! by NicklessXed · · Score: 1

      Something doesn't need to actually HARM someone in every instance in order to be illegal.


      And that is one of the main reasons why your current "justice system" is so fucked up (not that this wouldn't apply to other countries as well - such retarded laws exist in a lot of places).

    83. Re:Think of the children! by DM9290 · · Score: 1

      I agree with that. At least you are one of the few people on slashdot who properly blaim the statute. Rather than blaim the individuals who are charged with enforcing it.

      We can't trust our freedom to the arbitrary discretion of the DA. If something is important it should be put into writing. It would be no great trouble for lawmakers to put into the statute language which says "no person may be convicted under this section where it is shown that they were under the age of 18 at the time of the offense" or "No person may be convicted under this section where it is shown that the child pornography included a depiction of no person other than himself or herself".

      this leaves the child pornography illegal while granting immunity to the children depicted in it.

      Or "It is not an offence where the purported child pornography does not depict an act which would itself otherwise constitute an offence".

      The very notion of criminalizing the possession of pictures of legal activity strikes me as oppressive and illogical. If the underlying act is not illegal, then there is no purpose in criminalizing pictures of it.

      Unless you consider deterring naughty thoughts to be a legitimate purpose of the criminal justice system. And if that was the case we would not need churches.

      Nonetheless, the proper subject of criticism is not the DA or the judge. They properly followed the law, and that is the best we could ever hope for if we had a DA and judge whose WORST fault was to follow the law.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    84. Re:Think of the children! by Anonymous Coward · · Score: 0

      Is there a version of Godwin's law for those that cannot help but use comparisons of the 'holocaust' instead of just nazis?

    85. Re:Think of the children! by RespekMyAthorati · · Score: 1

      The law was clearly intended to prohibit adults taking sexual pictures of children, not children taking children pictures of children. Those asshat judges delibrately distorted the intention of the law.

    86. Re:Think of the children! by DM9290 · · Score: 1

      " law was clearly intended to prohibit adults taking sexual pictures of children, not children taking children pictures of children. "

      1: where does it say that in the law?
      2: If you are right then how come its illegal to possess sexual pictures of children even if a child took the picture?

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    87. Re:Think of the children! by moz25 · · Score: 1

      I think you made a mistake with posting, because I don't see how what you wrote is connected to what I replied to. This sort of disconnection is actually something I addressed.

  3. So then... by Anonymous Coward · · Score: 5, Interesting

    Are they going to start prosecuting 17 year olds who have sex with mutual statutory rape?

    1. Re:So then... by Anonymous Coward · · Score: 5, Insightful

      Just the boys. The charges against the girls magically get dropped.

    2. Re:So then... by Chmcginn · · Score: 1

      Apparently Florida had a law against that (was mentioned in the article.) But it was overturned... it was "unconstitutional as applied to this 16-year-old as a basis for a delinquency proceeding." So (at least a few years ago) there's a few decent judges left in Florida, anyway....

      --
      Have you been touched by his noodly appendage?
    3. Re:So then... by Anonymous Coward · · Score: 5, Funny

      And those caught masturbating will be charged with sexual abuse of a minor.

    4. Re:So then... by mazarin5 · · Score: 5, Interesting

      It happens all the time; often times charges are pressed against just the boy by the girl's spiteful parents. The boy's parents had no recourse because counter-charges were invalid. At some point when I when in high school, Ohio changed the law so that it was impossible to press charges against just one or another. Both kids would be prosecuted for "raping" each other if they were younger than 16. At first I thought the move was absolutely insane, until I realized that it was the only fix for the problem that a politician in Ohio could get away with; it would take a very special kind of jackass to send his own daughter to jail because he didn't like her boyfriend. Fortunately, there's also an exception for age difference, so a 18 year old fucking his 17 year old girlfriend can't get ambushed. It's a more rational setup than I gave it credit for when it affected me.

      --
      Fnord.
    5. Re:So then... by Chmcginn · · Score: 5, Funny

      Well, hopefully they won't make the sentences consecutive. Otherwise I'd have been put away till about the time the sun starts to expand into a red giant...

      --
      Have you been touched by his noodly appendage?
    6. Re:So then... by Anonymous Coward · · Score: 0

      They already do in Georgia USA

    7. Re:So then... by Chmcginn · · Score: 5, Interesting
      So, here's a question... do convictions of sex-related crimes by minors give them sex offender status once they become adults?

      Cause if this 17 year old & 16 year old have to register as sex offenders for the next five years, I would imagine that worse than almost any potential psychological trauma from having your ex-(boy/girl)friend show their friends some nude pictures of you...

      --
      Have you been touched by his noodly appendage?
    8. Re:So then... by Anonymous Coward · · Score: 5, Funny

      You get caught that often!?

    9. Re:So then... by BakaHoushi · · Score: 2, Insightful

      *Sigh*

      You just don't GET it. Sex is UNNATURAL, EVIL, and masturbation is a GATEWAY to ORAL SEX and even INTERCOURSE!

      If God had intended for us to have sex, and to masturbate, He would have given us external sexual organs which are proven to help people feel better and healthier when stimulated on a semi-regular basis. He would have given us the desire to do this ourselves, and we'd have plenty of examples in nature to suggest that around the age of puberty, it is desirable and perfectly normal. But you don't see monkeys masturbating in zoos, just like you don't see 16 year old girls and boys with fully-functioning genitals who instinctively want to use them! ...Oh wait...

      (Joking aside, I have plenty of images on my computer that could technically be called child pornography. Granted, none of minors in these pictures are of non-relatives, not in a situation where nudity might not be acceptable [such as, say, a delivery room, which, last I checked, had plenty of nude kids, and photos taken, but do not somehow get labeled as dens of indecency], or of people who even EXIST [anime ain't real, senators]. But hey, I have pictures of kids on my PC which could, theoretically, inspire someone to rape a child someday. Just like how I could, theoretically, get struck by lightning right now, inside, in sunny weather.)

    10. Re:So then... by Andrew+Kismet · · Score: 1

      Don't worry, judges haven't heard of "lolicon" yet, and if they have, they're keeping it in a password-protected RAID.

    11. Re:So then... by Sponge+Bath · · Score: 1

      As Woody Allen said: "Don't knock my hobbies."

      Seriously, this is getting out of hand.
      Everyone should just get a grip on themselves.

    12. Re:So then... by BakaHoushi · · Score: 1, Interesting

      Well, I don't have a source on me now, but I've read articles about laws which include "Cartoons depicting minors in..." blah blah blah. And people have been given extra years in their sentence because of it.

      True, so far, these people that have gotten the extra time were also storing HUGE databases of real-life child porn, and more than likely deserve a nice, long, jail sentence, but, say it with me:
      "THOUGHTCRIME IS NOT A CRIME."

      And actually, I don't download lolicon, but take this as an example: In several series, characters may LOOK young, but... Take Etna from Disgaea 1 & 2. She wears skimpy clothing (well, everyone in the game does), and looks like she's about 12. But she, being a demon, is 1470 years old. How does a judge determine what counts as the legal age of a person WHO DOESN'T EXIST? Does he look at it and say, "Well, she looks like she's 17 years old, so... ILLEGAL!" (Because then an attorney can say, "Well, she's at least 19 in my eyes." And then the courtroom becomes an episode of Jerry Springer.

      Plus, the idea of being arressted, FOR ANYTHING, and suddenly, the police want to add years on to my potential sentence for having pictures which may or may not be sexual in nature, of characters who were not only not sexually abused by me or anyone, but don't actually have lives to be abused?

      WHY does this have to be so fucking complicated? In my opinion, it really doesn't have to be. If someone abused a child, whether or not he took pictures, he needs to be locked up. Same for attempting to do this. But at no point should LOOKING at a picture (especially one that may have been planted on your computer) be considered a precursor to rape. (Because, let's face it, if looking at a picture of a child is a sign of rape, walking into a bank should be a sign of robbery and picking up a knife should be considered intent to kill.)

    13. Re:So then... by Lordpidey · · Score: 1

      Hey, if not for the abuse of a minor, for the slaughter of kittens. You should be ashamed. Won't someone think of the kittens?

      --
      Some people encrypt by using rot-13 twice. I prefer the more secure method of using rot-1 a total of twenty six times.
    14. Re:So then... by squarefish · · Score: 4, Informative

      there's a 17 yo kid in GA that recently got a mandatory 10 year sentence for receiving a blowjob from a 15 yo girl.
      if he'd fucked her, it would only be a 1 year. he was having a party with friends and a girl he'd never seen before walked into their hotel room and started blowing him- he didn't ask for an id, but he did break the state's anti-sodomy law regarding teens and he will be labeled as a sex offender for the rest of his life. too many links to provide- just google Genarlow Wilson

      --
      Creationists are a lot like zombies. Slow, but powerful and numerous. And they all want to eat our brains.
    15. Re:So then... by Anonymous Coward · · Score: 2, Interesting

      So, here's a question... do convictions of sex-related crimes by minors give them sex offender status once they become adults? Yep. A LOT of "sex offenders" fall under this. A 17 year old with a 16 year old. Sex offenders. For life. Even if they end up getting married and staying married. 20 years later are still considered sex offenders and show up in public databases under Meghan's law and are prohibited in some states to live within a certain distance of schools, parks etc.
    16. Re:So then... by Anonymous Coward · · Score: 0

      Yeah, throw them in jail! That'll teach them that there are other forms of sexual gratification besides masturbation and the missionary position!

    17. Re:So then... by lysse · · Score: 1

      "masturbation is a GATEWAY to ORAL SEX and even INTERCOURSE!"

      I guess I got stuck in the turnstile...

    18. Re:So then... by jamstar7 · · Score: 1

      You just don't GET it. Sex is UNNATURAL, EVIL, and masturbation is a GATEWAY to ORAL SEX and even INTERCOURSE!

      Dude, you need to get a grip.

      Oh, wait...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    19. Re:So then... by jamstar7 · · Score: 1

      "THOUGHTCRIME IS NOT A CRIME."

      ... until the next session of the Legislature...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    20. Re:So then... by Anonymous Coward · · Score: 0

      ...never mind the psychological trauma from having to tell all about it in court...

    21. Re:So then... by boingo82 · · Score: 1
      They already do, in Utah.

      Well, not 17 year olds, but in a case last year, a 13 year old girl turned up pregnant, and subsequently both she and her 12 year old boyfriend were charged with "Sexual Abuse of a Child". Both were simultaneously perpetrators and victims.

      --
      As a republican I feel it my responsibity to manufacture criminals. People need punished!
    22. Re:So then... by Anonymous Coward · · Score: 0

      Everyone should just get a grip on themselves.

      I think everyone already does...
    23. Re:So then... by dubl-u · · Score: 3, Informative

      there's a 17 yo kid in GA that recently got a mandatory 10 year sentence for receiving a blowjob from a 15 yo girl.

      I think you're talking about Genarlow Wilson. IMHO, he got completely shafted. There's a great article about him. Were I in the DA's district, I'd be rounding up an impeachment petition right now. It's a fucking travesty.

    24. Re:So then... by Anonymous Coward · · Score: 0

      You can't judge the criminal justice system in Utah on any sort of sane metric; if you thought that neo-Christian values start to muck up the legal and social system, then wait until you see what Mormons will do to it.

    25. Re:So then... by boingo82 · · Score: 1
      I know, I live here.

      Another fun court case lately was a woman in my town who was arrested for selling sexual paraphenalia and porn out of a back room in an earring/tattoo parlor. She was charged with 15 counts of felony pornography distribution...it is actually illegal in my town to sell pornography or sex toys. Seriously. Many people were outraged that such things would be sold here, tarnishing our community. If there's a state that thinks everyone else's sex life is their business, I live in it.

      --
      As a republican I feel it my responsibity to manufacture criminals. People need punished!
    26. Re:So then... by Anonymous Coward · · Score: 0
      From TFA:

      Some more background: Under a 1995 ruling in a case called B.B. v. State, the Florida Supreme Court said that a 16-year-old could not be found delinquent for having sex with another 16-year-old.... In other words, under Florida law, Amber and Jeremy would be legally permitted to engage in carnal relations, but they're criminals if they document it.
    27. Re:So then... by ocbwilg · · Score: 1

      So, here's a question... do convictions of sex-related crimes by minors give them sex offender status once they become adults?

      Cause if this 17 year old & 16 year old have to register as sex offenders for the next five years, I would imagine that worse than almost any potential psychological trauma from having your ex-(boy/girl)friend show their friends some nude pictures of you...


      That depends on the laws of the state. In some states getting labelled as a sex offender puts you on the list for a period of 5-10 years. In other states you're on the list for the rest of your life. In some states the sex-offender status would likely be cleared (sealed actually) when the minor turned 18, just like any other crimes. In other states the laws have been changed to allow the sex offender status to follow you after you turn 18, in the interest of "protecting the children" from sexual predators who begin their predations as a teenager. Of course, most people make a distinction between a 16 year old molesting toddlers and a 16 year old who had sex with his 16 year old girlfriend, even if the law doesn't.

    28. Re:So then... by Phroggy · · Score: 1

      WHY does this have to be so fucking complicated? In my opinion, it really doesn't have to be. If someone abused a child, whether or not he took pictures, he needs to be locked up. Same for attempting to do this. But at no point should LOOKING at a picture (especially one that may have been planted on your computer) be considered a precursor to rape. The thinking is, if you possess child porn (the kind involving actual children who were sexually abused), you must have obtained it somehow, and by doing so, you've increased the demand for child porn, and if demand goes up, the incentive to produce more child porn (by sexually abusing more children) also increases.

      So, making possession (of that kind of child porn) illegal isn't completely insane. There's good reasoning behind it.

      However, I completely agree with the rest of your post. Excellent point about the 1470-year-old demon. And hey, while we're at it, if we're going to ban fictional pictures, why not ban fictional stories? Shakespeare's Juliet was 13.
      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    29. Re:So then... by bernywork · · Score: 1

      In the case of guys, how about reckless abandonment of a potential baby?

      --
      Curiosity was framed; ignorance killed the cat. -- Author unknown
    30. Re:So then... by BakaHoushi · · Score: 1

      While I mostly agree, there is one nit-pick I have. It's quite possible for someone to plant child pornography on your computer without you knowing. It could be sent via a virus, planted by someone who wants you to get in trouble with the law, etc.

      Now, if you have entire photo albums of pictures in your house... slightly different story. But CP gets spread off the net, too, so...

    31. Re:So then... by darthdavid · · Score: 1

      See this is why Utah is on my list of states to avoid like the fucking plague.

    32. Re:So then... by computational+super · · Score: 1
      I don't have a source on me now, but I've read articles about laws which include "Cartoons depicting minors in..."

      Here you go.

      --
      Proud neuron in the Slashdot hivemind since 2002.
    33. Re:So then... by Anonymous Coward · · Score: 0

      He's on video. He gets a child porn prosecution next if he gets pardoned for the oral sex...

    34. Re:So then... by tommyhj · · Score: 1

      The States truly amaze me over and over! Here's a country that harbors both cutting edge intellectuals and visionaries of progression, while in the middle of it all - there's a whole state who are held deep in the dark middle ages! And to top it off - this strange community, that defies all reason and logical thinking, has the right to vote and choose the president of USA. And right now, that man is doing his best to ruin my little speck of a paradise because of his war on terror... Watch the South Park episode about the Mormons: "DumbDumbDumbDumb Duuumb". Oh, and don't get me started on Scientology! Damn, I hate when people take advantage of general mass stupidity to manipulate people into believing their stupid books (except Calculus - that one is OK :-D)

    35. Re:So then... by Anonymous Coward · · Score: 0

      A "minor" in your case, maybe. ;-)

    36. Re:So then... by Anonymous Coward · · Score: 0

      Start??? Where have you been for the past couple of decades? The number of minors prosecuted under statutory rape laws for sex with other minors is staggering. One of the most egregious I recall is that of a 7-year-old boy (naturally) charged with a sexual assault of a 12-year-old girl!

      Not only that, check your stats. 50% to a MAJORITY of child sex abuse cases are committed by - yes - other minors.

      So, let's not stop here. How about we prosecute masturbating teens for sexual abuse of a child? Isn't it just as illegal as a minor photographing him- or herself having sex (or even masturbating)?

  4. This shouldn't be prosecuted. by Anonymous Coward · · Score: 1, Insightful

    It should be encouraged.

    1. Re:This shouldn't be prosecuted. by gd23ka · · Score: 1

      I suppose you posted this to upset people but I still really couldn't agree with you more.
      If not actively encouraged, those wishing to curb teenage sexuality for their twisted
      social and religious aims should have no forum. Hell I remember when I was 16 ... and
      whoever is reading this, so do you.

    2. Re:This shouldn't be prosecuted. by mazarin5 · · Score: 4, Funny
      Hell I remember when I was 16 ... and whoever is reading this, so do you.

      Sorry, I can't recall you. I'm sure we had fun anyways.

      --
      Fnord.
    3. Re:This shouldn't be prosecuted. by sqrt(2) · · Score: 1

      Haha, oh yeah...those were the days. Wait, what's changed? Well, besides the law that says now girls my age can legally have sex with me, they're still not!

      Sierra Sierra, Delta Delta
      (same shit, different day)

      Shame that society as a whole (and by "society as a whole" I mean the tyrannous Christian moral majority) turns a consensual act between two people of the same age into a crime. I've never heard a fellow Atheist claim that we need to legislate human sexuality.

      --
      If you build it, nerds will come. Soylentnews.org
    4. Re:This shouldn't be prosecuted. by Anonymous Coward · · Score: 0

      "now girls my age can legally have sex with me, they're still not!"

      "Sierra Sierra, Delta Delta"

      Can't imagine why that is.

  5. Logic in America is going down the shitter by BoberFett · · Score: 0, Flamebait

    Sorry, that's all I've got.

    1. Re:Logic in America is going down the shitter by the_womble · · Score: 1

      If it is any comfort, common sense is disappearing in the rest of the world as well. This could happen in a lot of other countries as well.

    2. Re:Logic in America is going down the shitter by Anonymous Coward · · Score: 0

      Really? Where exactly? In which totalitarian countries other than the US is this illegal? Put up or shut up!

    3. Re:Logic in America is going down the shitter by Anonymous Coward · · Score: 0

      Suuuure. Name even one country where common sense is disappearing anywhere near as fast as in the good ole U S of A and I'll give you a giant chocolate chip cookie.

    4. Re:Logic in America is going down the shitter by Chmcginn · · Score: 1
      You've seen all the video cameras around London recently, yah? Remember why they started putting those up in the first place?

      Oh, yeah, the IRA. Hmm. That's funny, they're still installing more & more cameras, all the time...

      Now, give the fat man a cookie. Please?

      --
      Have you been touched by his noodly appendage?
    5. Re:Logic in America is going down the shitter by Anonymous Coward · · Score: 0

      Well, it *could* happen in a lot of other countries as well. But it does not happen in a lot of other countries as well. It happens in the U, S and A.

    6. Re:Logic in America is going down the shitter by Anonymous Coward · · Score: 0

      Iran?

    7. Re:Logic in America is going down the shitter by Achromatic1978 · · Score: 0

      Examples and comparisons?

    8. Re:Logic in America is going down the shitter by Anonymous Coward · · Score: 1, Interesting
      Examples and comparisons?

      America is moving toward a Christian fundamentalist version of sharia law. So far, we haven't imposed stoning as a punishment for things deemed to be sexual misconduct. But permanent listing as a sexual offender comes close. By the time these kids are 25 and find they can't live most places, can't have any job which includes interacting with children, can't have many other kinds of careers, they may wish they had been stoned to death, since they'll likely be homeless somewhere in the US.

      As an example of how the law can be misapplied, many sheriffs in rural aresa have been looking at maps with circles of exclusion around playgrounds, schools, daycare centers, etc., with an eye to finding "gaps" in the coverage. Then all they have to do is install a "mini-park" in or near the "gap" and they can very nearly make their town or county a "total exclusion zone" for anyone with a conviction. How's that for being a duplicitous bastard?

  6. The prisons by iminplaya · · Score: 2, Insightful

    are hungry for more bodies. The system works.

    --
    What?
    1. Re:The prisons by iminplaya · · Score: 1

      Prosecution? Prison? Offtopic? Are you completely unable to associate the two words??

      --
      What?
    2. Re:The prisons by ehrichweiss · · Score: 1

      Someone needs to mod the parent UP and hopefully whoever the Dee-Dee-Dee was that modded it as off-topic will find the system of meta-moderation to their disliking.

      --
      0x09F911029D74E35BD84156C5635688C0
    3. Re:The prisons by Anonymous Coward · · Score: 0

      Welcome to the Carceral. Docile Bodies, at attention!

  7. Not children by therpham · · Score: 4, Insightful

    1) 16- and 17-year-olds are by no means "children." 2) These laws were made to protect minors from older perverts, not from themselves. 3) This is stupid.

    1. Re:Not children by therpham · · Score: 2, Interesting

      Oh, and by "not children" I didn't mean legally, I meant physically and emotionally and all that.
      In my opinion, there should be a third legal status in between "child" and "adult" for teens so shit like this doesn't explode.

    2. Re:Not children by YrWrstNtmr · · Score: 4, Insightful

      1) 16- and 17-year-olds are by no means "children."

      Some aren't. Most, maybe. But by no means all. And that is the problem. The law has to put a line somewhere. Not all kids develop at the same rate. So some are mature enough, and some aren't, at the arbitrary dividing line.

      2) These laws were made to protect minors from older perverts, not from themselves.

      Very true. But the letter of the law says "Anyone convicted of sending pictures of naked children..." Key word 'anyone'.

      3) This is stupid.

      Get the laws changed. (So that a very mature 17 year old can coerce his very immature 16 year old friend to pose nude) Problems, problems.

    3. Re:Not children by Rob+Kaper · · Score: 3, Insightful

      In my opinion, there should be a third legal status in between "child" and "adult" for teens so shit like this doesn't explode.


      Although I agree with that because there's a major difference between actual children and adolescents, that's not going to solve the problem. The problem here is not legal status but legal interpretation. A lot of freedom has been taken away from people this way because in the world of lawyers it matters not whether your actions harm anyone else or put anyone else at risk of harm. No, it solely matters whether they go against what has been written down.

      Sure, technically this is child pornography and technically there's a risk these pictures made it to the public. In reality however this prosecution alone did more harm than the bit of candid photography ever could.
    4. Re:Not children by honkycat · · Score: 4, Insightful

      Literal readings of the laws (e.g., your "anyone" keyword) are utterly impractical. The intention of laws is (supposed to be) upholding justice, not simply ensuring that everyone jumps through the right hoop at the right time. You don't have to have an arbitrary dividing line. There are sentient beings involved in the legal process and it's quite possible to determine whether a nominal crime (i.e., a broken law) is one that should be prosecuted.

      Here, this is clearly a case that should not be prosecuted. How is justice served by throwing the book at two minors who consensually broke a law designed to protect them from exploitation by adults? If, as in your last example, one had demonstrably coerced the other, then it would be sensible to prosecute the case. Note that it would ONLY make sense to prosecute one of them -- there's NO way it's sensible to prosecute them both just because the letter of the law allows it.

    5. Re:Not children by delirium+of+disorder · · Score: 5, Insightful

      1) 16- and 17-year-olds are by no means "children." 2) These laws were made to protect minors from older perverts, not from themselves.

      I think that all human beings should have human rights, regardless of their age. One of these rights is the right to free speech and freedom of association. Anyone should be able to share any information and anyone should be able to have any consensual contact with another.

      People think that it's uncommon to prosecute minors for sexually abusing themselves under statutory rape or child porn laws. This actually happens all the time. Child porn laws are not designed to protect minors at all. Most images and videos of minors having sex are made by teens in consensual relationships. Anyone who has been in high school in the age of digital cameras knows this. These laws are made by extreme religious fundamentalists who think that any sex outside of marriage is wrong. Since adults can vote, they have largely been unsuccessful in restricting adult sex (at least in the past few decades), however (even mature) minors have no say in government, so they can freely be subjected to to one of the sickest, most twisted sexual fetishes: abstinence.

      --
      ------ Take away the right to say fuck and you take away the right to say fuck the government.
    6. Re:Not children by Anonymous Coward · · Score: 1, Insightful

      This is the problem - laws are too arbitrary to have any meaning these days. People who are old enough to engage in certain activities are clearly not mature enough, but we say its OK because of a mere law. People who don't meet the age requirement are punished for no good reason other than "the law".

      These laws serve no purpose except to further the careers of politicians and prosecutors while making a small vocal segment of the population feel good about imposing their moral will upon everybody else.

      We need the kind of law where a judge or even an intelligent jury can take a look at this and say "No harm was done, Not Guilty", instead of having our hands tied to arbitrary limits that serve anybody.

      There is no concept of justice in this country anymore.

    7. Re:Not children by k_187 · · Score: 1

      If that's the case, why doesn't the statute say that? Why should the courts be allowed to make up and read things into statutes that weren't put there by the legislature?

      --
      11 was a racehorse
      12 was 12
      1111 Race
      12112
    8. Re:Not children by Anonymous Coward · · Score: 0

      Why should the courts be allowed to make up and read things into statutes that weren't put there by the legislature?
      That's exactly what the courts are there to do: interpret the law.

    9. Re:Not children by Anonymous Coward · · Score: 0

      These laws were made to protect minors from older perverts, not from themselves.

      This is exactly how the Supreme Court of Canada ruled in R. vs. Sharpe back in 2001. In a 6-3 decision, the majority ruled that people can't be prosecuted for creating photographic or written material designed purely for their own use - as long as real pictures or videos do not show illegal acts.
      The issue of private photographs between consensual underage parties was not part of the Sharpe case, but was specifically raised as an example of a valid exception to Canada's child pornography laws.

    10. Re:Not children by Anonymous Coward · · Score: 0

      Isn't it ironic that 16 or 17 year old kids can be charged as adults for committing crimes (i.e. murder), but in this case, they are being charged as children and anti-porn laws.

    11. Re:Not children by DM9290 · · Score: 1

      "Sure, technically this is child pornography and technically there's a risk these pictures made it to the public. In reality however this prosecution alone did more harm than the bit of candid photography ever could."

      It was the LAW that harmed them, not the prosecution. The prosecution is an inevitable effect of the law written as it is written.

      However unless you want to make a legal industry for children to produce child porn of themselves... perhaps its better to lock these kids up and throw away the key.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    12. Re:Not children by ehrichweiss · · Score: 1

      Statutes about speed limits don't say anything about police officers breaking them but the courts interpret it as a necessary thing under many circumstances. And the courts ARE allowed to "make up and read things into statutes", they call that "interpretation" and that is almost specifically the SOLE purpose for our Supreme Court and appellate courts.

      --
      0x09F911029D74E35BD84156C5635688C0
    13. Re:Not children by baboo_jackal · · Score: 1

      Child porn laws are not designed to protect minors at all.

      Really? So do child labor laws actually exist to deny children the right to gainful employment?

      (Whoops. I might have just fed a troll.)

    14. Re:Not children by dfghjk · · Score: 1

      If they are old enough and physically mature enough to be sexually active, then why would anyone be a "pervert" for being attracted? Just how old does someone need to be to cross the threshold into "perversion"?

      If 16 year olds are old enough to consent then they are adults from a sexual standpoint and those that are attracted to them aren't "old perverts". If you don't see it that way then you're a hypocrite.

    15. Re:Not children by dfghjk · · Score: 1

      I think a jackass is someone who equates a discussion of 16/17 years olds with NAMBLA. Yes, an eight year old, hypothetically, should be able to have consensual sex with anyone regardless of age. Many societies, perhaps all, believe that someone of that age is incapable of giving consent. That's what "age of consent" is for. Your example is meaningless.

      If you don't think 15 year olds are sexually active then you are naive. 15 year olds are old enough to consent in some countries.

    16. Re:Not children by delirium+of+disorder · · Score: 1

      So do child labor laws actually exist to deny children the right to gainful employment?
      Child labor laws restrict the number of hours that minors can work so that they have enough time left over to go to school. Adults are also restricted in the number of hours that they work (at least without overtime). I would prefer that both adults and young people had a four hour day that left over enough time for personal projects and lifetime education. Child labor laws and the eight hour day were major victories for the labor movement. These laws give us economic rights: the right not to be overworked.

      Laws that punish harmless personal choices like sex and drug use are wrong no matter what age they target. I oppose a drinking age. I oppose banning the use of recreational chemicals by people of any age. Sure most young people are too stupid and irresponsible to handle alcohol or sex. So are most adults. Even if young people are somewhat more irresponsible than adults, singling them out is unfair. Restrictions based on age are discrimination, unjust prejudice. Blacks have more unwanted pregnancies than whites; should we restrict black sex more than white sex? Whites commit more crimes than blacks while high on cocaine; should we restrict white coke use but not black coke use? We should punish people who break the law while on drugs, but we should not ban drugs themselves (because some people can do them responsibly). In the same vein, we should punish any coerced sex, but not any other form of sexual expression.

      --
      ------ Take away the right to say fuck and you take away the right to say fuck the government.
    17. Re:Not children by k_187 · · Score: 1

      Yes, but why should that be allowed? The purpose of the courts is to be finders of fact for the cases that go before them, not to take the place of the legislature.

      --
      11 was a racehorse
      12 was 12
      1111 Race
      12112
    18. Re:Not children by Just+Some+Guy · · Score: 1

      I think a jackass is someone who equates a discussion of 16/17 years olds with NAMBLA.

      I agree. However, I was replying to someone who explicitly said his comments were for all age groups, and in fact that is the part of his post I think is insane and was speaking against.

      Yes, an eight year old, hypothetically, should be able to have consensual sex with anyone regardless of age. Many societies, perhaps all, believe that someone of that age is incapable of giving consent. That's what "age of consent" is for. Your example is meaningless.

      Re-read what he said, particularly the words "regardless of their age". If his argument was that 16 year olds should have adult freedoms, then I'd be happy to weigh his opinion. It wasn't. He argued that people of any age should be free to have sex.

      If you don't think 15 year olds are sexually active then you are naive.

      Who said that? In fact, I said I wouldn't even demand that standard of my own kids. Hope? Sure. Realistically expect it and be crushed if they didn't meet it? No, I hope to be more rational about it if and when the time comes.

      --
      Dewey, what part of this looks like authorities should be involved?
    19. Re:Not children by Anonymous Coward · · Score: 0

      It was the LAW that harmed them, not the prosecution. The prosecution is an inevitable effect of the law written as it is written.

      Right. And the German soldiers didn't harm the Jews. "Just following my orders."

      The prosecution has the power to choose its cases. In this case, they chose to do the damage they did. Hiding behind "the law" is the act of a coward who refuses to accept responsibility for their actions.

    20. Re:Not children by jbourj · · Score: 1
      I completely agree: this was a terrible abuse of rights. But I think the 'majority' opinion was actually protecting a lot more than what appeared in TFA (please, be advised, I'm a libertarian and don't like this line of thought at all, but this is probably what they were thinking): if under 18 year olds can take provocative pictures of themselves without being considered child pornographers, then you could imagine legally sanctioned self-produced child porn sites appearing on the web.

      (Actually, that is probably a stretch of logic even for this absurd set of judges, but still.)

    21. Re:Not children by delirium+of+disorder · · Score: 1

      Although I hate the "think of the children" angle, my gut reaction was to ask if that's what they told you at the NAMBLA meeting. Seriously, you don't believe there should be any restrictions whatsoever on sexual contact "regardless of their age" (your words)? That an eight year-old should be able to have consensual sex with a forty year-old? And that an eight year-old is capable of consenting to such a thing at all?

      There are many factors that may diminish the ability to consent. Age is one, but it goes both ways. A senile ninety year old can hardly give consent either, but there is no maximum age of consent. Most people know that different people mature at different rates; we also degrade at different rates. Setting a minimum or maximum age of consent is foolish. (btw, I think the reason we don't have a maximum age is simple that most people don't like to think about old people having sex).

      If one party is in a position of authority over another, there is also diminished ability to consent. We take it for granted that the burden of proof of a man raping a woman is lower than that of a woman raping a man. Men can easily use their physical and social power to coerce women. Sex between a police office and someone that he pulls over should immediately be suspect. Most armies restrict sexual relationships between high ranking officers and their inferiors.

      There are a lot of very naive, stupid, ignorant, or mentally handicapped adults. Most are not specifically protected by the law regarding their "right" to have sex. However, when someone uses manipulation to get someone less capable than them into bed, we aught to punish the rapist. There are different degrees of incapacity. This is a huge a blurry spectrum. People impaired by drugs also engage in sex. There is obviously a huge range of lessoned consent there.

      I'm not saying that age shouldn't be taken into consideration when determining whether sex was consensual or not. However, a specific age limit is unfair and age is just one of many factors.

      --
      ------ Take away the right to say fuck and you take away the right to say fuck the government.
    22. Re:Not children by honkycat · · Score: 2, Interesting

      This MUST be allowed because to do otherwise makes drafting of good, sensible laws essentially impossible. You simply can't delineate every reasonable exception to a law and expect justice to be served.

      Do you think justice is served by this court upholding the letter of the law? Remember, I'm asking whether it's JUST, not whether the law is being obeyed.

      Literal readings of laws without regard for the context in which they were passed leads to problems. First, you end up with loopholes -- behavior that is clearly intended to be illegal but which is technically within the letter of the law. Second, you end up with cases (like this one, perhaps) where activities that were not intended to be criminal are inadvertently illegal. This could be considered a reverse loophole -- one that gets you INTO trouble rather than out of it.

      The courts should make every effort to err on the side of the defendant when interpreting laws, I believe. This is consistent with the "innocent until proven guilty" doctrine. This means that loopholes, while unfortunate, will be respected until they're closed by additional legislation. It also means that reverse loopholes should NOT be treated with the full force of law simply because a law was poorly crafted.

      Laws are not passed in a vacuum. There are transcripts of the debates and discussions that occurred, and the bills that introduce these laws frequently explain the reasons for instituting them. The courts SHOULD use this information to divine the intent of the legislature when faced with a case where a literal reading appears not to lead to a just outcome.

      In this case, a minority felt that the legislature did not intend to criminalize this behavior based on the history of the law. I can't say first-hand, but I'm inclined to believe they did their homework before penning that opinion. Given that, I would argue that the majority who chose to throw the book at these teens are the ones "legislating from the bench." Sure, they've got the letter of the law behind them, but it doesn't appear that the legislature crafted the law they intended to craft, at least based on the minority's opinion. Given that the judge's law is to uphold justice, the majority has simply failed in their duty.

    23. Re:Not children by delirium+of+disorder · · Score: 1

      This is largely reposting ideas I've already expressed, but since you don't seen to get it, I'll keep trying.

      What's the big deal about teens and sex anyway? In my experience, young people rather enjoy it and don't need to be protected from predators any more then anyone else does (anyone who forces non-consensual physical activity on another, regardless of the age of the victim or the attacker, is a criminal and should be treated as such). The ability to engage in any consensual physical activity is a right (regardless of the age of the participants).

      I think adults (especially clergy) are sexually frustrated and afraid that they are attracted to teens. This attraction is just a biochemical response that normal people generally have to physically fit members of the opposite gender (and sometime the same) who are old enough to be fertile. Because they are themselves repressed, and their doctrine requires them to repress the rest of us, they hide their own desires by over reacting and trying to imagine that young people are not sexual. They censor both because of personal embarrassment and because of the sense of power they get by manipulating others.

      Most abuse is conducted by the child's family or close relatives and friends of the family. Focusing on predatory behavior on the Internet is stealing focus away from the real problem, which is that parents have the power to abuse their children, either directly, through overt violence, or through denial of basic necessities like food and shelter, or through threats and psychological manipulation. Parents do this both for sick personal pleasure, as in most cases of sexual abuse, or because they really believe that they must impose their point of view upon the child, as in the case of forced religion and forced schooling.

      How can we label people "free" and give them the rights freethinking people deserve if we allow them to grow up totally ensconced in conservative ideology?

      "I know of no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education." -Attributed to Thomas Jefferson

      But...teaching without both free access to different points of view, and the freedom to express your own point of view, is not real education, it is only indoctrination. If children aren't given the opportunity to receive all kinds of knowledge, then they accept uncritically whatever traditional "values" their parents believe in simply because their parents are close to them. When parents are given total control of where their children can spend their time, the child's intellectual development is totally at the mercy of the parent. Adults can, if they make enough of an effort, completely shape a child's world.

      Despite legal adulthood being set at 18, the age in which we are given full human rights is for the most part not well agreed upon in America. For example, various states in the US have different and conflicting age of consent laws that allow for sexual freedom anywhere from age 14 to 18. Many young teens (junior high or middle school age) have detailed enough knowledge and a strong enough sense of responsibility that I would trust them to vote or drive cars. There are many legal adults age 18 and up that don't deserve these privileges. Age is an unfair and inconsistent measure of whether one deserves human rights or social privileges. Also, please note that when I refer to children in this post, I mean any human under that age of 18, a large portion of which are more knowledgeable then an average adult especially regarding information technology. I am not just talking about little kids.

      Children in America really are an oppressed group; parents here can use coercion to force feed their kids whatever sick ideals they stand for. The UN convention on the rights of children (ratified by every country on Earth except Somalia and USA) ensures ch

      --
      ------ Take away the right to say fuck and you take away the right to say fuck the government.
    24. Re:Not children by Kesh · · Score: 1

      Ahh, the old "judicial legislation" canard. No, the job of the judiciary is to interperet the law and apply it during legal cases. If it were just a matter of "here's the law, find the facts and end the case," we wouldn't even have a Supreme Court.

    25. Re:Not children by k_187 · · Score: 1

      I thought the legislature was there to enact the will of the people, not to pass good law. One could argue that in reality they do neither. Hell, who's definition of "good sensible law" are we going with? For any decision, there's going to be someone that says the opposite is what should have been done.

      Without having RTFA, I agree that the minority was probably right here, and that the majority is arguably the one legislating from the bench. I just don't like giving blanket authorization to the Judiciary to re-interpret and/or create law.

      Again, without being intimately familiar with this situation, who's to say that the legislature's intent was not to prevent the creation of pornography involving minors, regardless of the creator's age?

      --
      11 was a racehorse
      12 was 12
      1111 Race
      12112
    26. Re:Not children by k_187 · · Score: 1

      What if they find the facts wrong? The judiciary gave itself the power of review.

      --
      11 was a racehorse
      12 was 12
      1111 Race
      12112
    27. Re:Not children by dbIII · · Score: 1

      After the superbowl nipple thing none of this can suprise me. Do you jail breastfeeding mothers too?

    28. Re:Not children by delirium+of+disorder · · Score: 1

      Do you jail breastfeeding mothers too?
      YES Apparently about 12,000 women per year (Per YEAR!!! On average!) get arrested for breastfeeding in public in the United States. Another 30,000 women per year get arrested for being "topless" under various "indecency" laws across many states in the US.

      Canada? Sweden? Finland? France!!?!?!?!?! Can someone please bomb Washington and rid us of these theocrats and war criminals. The American Teliban have oppressed us for far too long.

      --
      ------ Take away the right to say fuck and you take away the right to say fuck the government.
    29. Re:Not children by lysse · · Score: 1

      "one of the sickest, most twisted sexual fetishes: abstinence"

      You know, it's somehow heartwarming to know that even the celibate can be branded perverts for their choice.

    30. Re:Not children by dbIII · · Score: 1

      If they are old enough and physically mature enough to be sexually active

      You could really mess up the life of a cute 13 year old but society gives a cute 18 year old a lot more options. I think it's one thing in modern society that works - you don't want bitter and twisted abused 15 year old child brides telling all the other girls how horrible men are.

      Once the laws get taken out of the context of protecting kids from abuse and start tearing down the barrier between church and state you can get radical anti-intellectual groups throwing the kids who swim naked together into the same group as absolute monsters.

    31. Re:Not children by jamstar7 · · Score: 1

      It was the LAW that harmed them, not the prosecution. The prosecution is an inevitable effect of the law written as it is written.

      The Prosecutor's Office could have decided NOT to prosecute them. Happens all the time. Courts are funded for just so many trials every year, the rest get plea bargains. Conspiracy theories on the political ambitions of the district attorney in question are left as an exercise to the reader...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    32. Re:Not children by honkycat · · Score: 1

      It's almost unheard of for an appeals court to revisit factual determinations of a lower court. Appeals deal almost exclusively with questions of the interpretation and application of laws.

    33. Re:Not children by honkycat · · Score: 1

      As I said, the laws are not drafted in a vacuum. All the debate and discussion about a bill is transcribed and the bills frequently explain what their intention is. Judges can look to this to determine the intention of a law. Interpreting these secondary sources is important when dealing with odd corner cases where it's not clear what the law meant. I'm really not suggesting that the court has the power to question the "goodness" of a law (other than its Constitutionality), merely that when the facts of a case appear to materially differ from the circumstances considered as the basis for the law (based, again, on the records of the legislative background), reading only the literal letter of the law is not always the approach most likely to result in justice being served.

    34. Re:Not children by dbIII · · Score: 1
      That is beyond bizzare - the land of sleaze really does arrest breastfeeding mothers! Can those drafting and enforcing these laws actually think about the children some time instead of using them as an excuse?

      In Australia the photographer would be arrested for taking upskirt photos of Britney without her consent - in the USA people say she should be arrested!

    35. Re:Not children by lorien420 · · Score: 1
      Get the laws changed. (So that a very mature 17 year old can coerce his very immature 16 year old friend to pose nude) Problems, problems.

      Immaturity applies to anybody of any age. I was more mature at fourteen than some of my parent's friends. A manipulative 27-year-old can coerce a 25-year-old to pose nude and it can have the exact same damage as this happening at any other age.

      --
      "[We'll be] really getting inside your head and making it an unpleasant place to be" -- Trent Reznor
    36. Re:Not children by A_Lost_Frenchman · · Score: 1

      Get the laws changed. (So that a very mature 17 year old can coerce his very immature 16 year old friend to pose nude) Problems, problems.

      You are suggesting that we keep the law based on :
        - An unlikely and fictional example.
        - The assumption that were the law changed, the said 17 year old person would not be guilty of anything.
        - One of the most dangerous thought process I have ever seen.

      You forget that :
        - Coercing someone to pose nude, be it a child or an adult is illegal anyway.
        - Keeping this law because in some instances it may be used to incriminate a real sex offender as a side effect is idiotic.
        - People are not stupid and saying such nonsense will only make them angry(er).

    37. Re:Not children by Plutonite · · Score: 1

      so they can freely be subjected to to one of the sickest, most twisted sexual fetishes: abstinence

      Isn't it rather strange that practically every culture and religion the world over, regards this "sick fetish" in a positive light even to the degree of enforcing it in some cases? The Chinese, the Egyptians, Zulu Virgins and the good folks of Wisconsin..what do they have in common? A basic view of social order - something which sex is very much a part of.

      Isn't it even a LITTLE dishevelling for you to notice that in ALL the above communities there are reservations about sexual relationships? It is not "sick" for people to restrict themselves (notice the word themselves) to marital sex - it is noble, dignified, beautiful even. I strongly advocate it even though I did not practice it(didn't think that way back then). You don't see it that way because the unreserved satisfaction of animal instinct is worth more to you than universal values that are intrinsic to the human being and the human ego.

      I am against state intervention as much as yourself, but you need to realize it's not just the religious fundamentalists who have moral standards ragarding sex. It's the post-modern hedonists who don't.

    38. Re:Not children by Rugikiki · · Score: 1

      Where do you see any support for that claim at all?

    39. Re:Not children by baboo_jackal · · Score: 1

      Look, the point of the article is that a reasonable, useful law - one that prohibits the sexual exploitation of young people - is being misused to punish the very people it's supposed to protect. I think you're trying to argue something really radical, and really wrong.

      You're trying to say that the law itself isn't useful or just, because it's discriminatory. In general, I agree that laws should not discriminate among different groups of people when it comes to enforcement or punishment. We believe that all people are innately equal in their potential and their humanity, and should not be judged or limited based on statistical differences in their behavior, or by the average properties of their group.

      There is, however, one group that we treat differently in a whole lot of laws: young people. Exactly *how* young is something that's usually left up to a particular nation, or state, but nearly everyone accepts that it's useful to have laws that recognize that children are different than adults. For example, we accept that childhood should be devoted to learning, so we protect that time by limiting the hours a child can be employed. We recognize that a three-year-old probably doesn't have a sufficient understanding of politics to vote. (It could be argued that some adults don't, either, but that's a separate conversation.)

      Point is, that we believe that everyone should be allowed to freely choose what to do with themselves, as much as possible, without infringing on anyone else's freedoms. But you can't make a truly free choice if you're lacking key elements of knowledge or experience - that's why we have laws against fraud. Laws that differentiate between children and adults do so because we recognize that most children do not possess certain key elements of knowledge and experience that would allow them to make a fully informed, and thus, fully free, decision.
      Now, we all know that different people mature at different rates. A precocious seven-year-old may very well understand human nature and American politics enough to cast an informed vote in our next presidential election, while a sheltered, inexperienced eighteen-year-old might lack the knowledge and experience to prevent her from being sexually exploited by another, older, person. But the problem is that we lack the ability to quickly, efficiently, and consistently gauge an individual's true maturity. The best-fit solution (so far) is to arbitrarily use their age as a screening criterion. Obviously, it's not perfect, and it's not surprising that we would run into a questionable case involving an age-discriminatory law and two individuals that are both very near to the arbitrary boundary of that law.

      But the point of TFA isn't that child porn laws prevent sexually mature individuals from expressing themselves. The point is that the imperfection of the arbitrary age boundary of a useful, just, but age-discriminatory law, is being exploited to punish two consenting, mature adults who just happen to fall on the wrong side of the discrimination boundary.

      The *real* issue is that the DA in this case decided, a priori, that these two individuals, based on their age, were not sufficiently mature to make an informed, fully free, choice about expressing their sexuality. It's not that he's wrong, or that the two accused individuals are unable to make such a choice.

      It's just a boundary case problem.

    40. Re:Not children by Surt · · Score: 1

      It's really because those drafting the law have a hard time NOT thinking about children all day that we have these laws.

      Attention legislative perverts: please stop thinking about the children!

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    41. Re:Not children by Anonymous Coward · · Score: 0

      "These laws are made by extreme religious fundamentalists who think that any sex outside of marriage is punishable by torture and death."

      There! Fixed that for ya. And, of course, such a position rarely applies to themselves, naturally.

    42. Re:Not children by Tacvek · · Score: 1

      This is largely reposting ideas I've already expressed, but since you don't seen to get it, I'll keep trying.

      What's the big deal about teens and sex anyway? In my experience, young people rather enjoy it and don't need to be protected from predators any more then anyone else does (anyone who forces non-consensual physical activity on another, regardless of the age of the victim or the attacker, is a criminal and should be treated as such). The ability to engage in any consensual physical activity is a right (regardless of the age of the participants).

      [...snip...]

      Statutory rape laws are unethical and have noting to do with rape. If sex is forced (regardless of the age of the participants) it is unethical and rape. If sex is consensual (regardless of the age of the participants), it is a personal matter and should not be regulated by law.

      One can argue that any sexual contact between an adult and a young enough youth is coercive because young children do not know about sex so they cannot initiate the contact. The adult must be the one to lure or trick the kid into acting. I agree that sex between adults and pre-mature children is wrong, however, setting any hard age limit is unethical and impractical. If you set the limit too low (say five years old)...there will certainly be a large group of abused children who wouldn't be protected by the law. If you set the limit too high (eight-teen years old for example), than a large group of sexually mature people would be denied their human right to physical intimacy with those of their choosing. There is no "just right" limit because children mature at different times. Human beings are unique. What we need is a legal system that protects all humans from sexual exploitation and doesn't single out arbitrary groups of people of certain genders, races, or ages for discrimination. Age should be taken into consideration, along with other factors, on a case by case basis when deciding if sexual contact was rape or not.

      I agree that the age of consent idea, and therefore statutory rape idea is nonsense. If two 16-year olds have sex, is that a problem? Almost certainly not. In cases where sex was not forced, then what is important is determining if the alleged victim was unable to consent. Age should be one factor. An age cutoff is not reasonable.

      However it is unlikely that the broken system would be abolished. It would help there was a consistent age of consent, 15 or 16 is fairly reasonable. Universally having a clause that allows sex in all cases when the participants are within 2 or so years of each other would also help. (I really should go by number of days, rather than comparing subtracted the integer ages or you could have the case were sex between to people is legal, but then one has a birthday, and sex between them is then illegal until the other's birthday. Clearly that would be absurd.) Lastly, we really need to fix the rape laws.

      A simple definition of rape would be: Sex in which one (or more) participants did not consent or was unable to consent. But that is too simplistic. There would be exceptions. Some test cases:

      • Two people had sex. One was unable to consent to sex. The other was reasonably unaware that the first unable to consent to having sex. Not rape
        • Depending on the circumstances, this might be unfortunate, but there really was not a crime.
        • Notice that if this was applied in all cases, it would help even without messing with the age of consent. If an adult had sex with a minor who was under the age of consent, who lied about his/her age, and the adult had no reason to suspect the other was lying, then the adult would not be guilty of statutory rape.
      • Two people who were both unable to give consent have sex with each other. Further, both were unaware that the other was unable to give consent (probably due to the same reason that they are unable to give consent). not rape
        • This follows from the first ex
      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    43. Re:Not children by Wonko+the+Sane · · Score: 1

      Really? So do child labor laws actually exist to deny children the right to gainful employment?

      as a matter of fact...
      yes
    44. Re:Not children by Darby · · Score: 1

      Some aren't. Most, maybe. But by no means all. And that is the problem. The law has to put a line somewhere. Not all kids develop at the same rate. So some are mature enough, and some aren't, at the arbitrary dividing line.

      Mentally and emotionally, sure.
      Physically, they're adults.
      Pictures only capture the physical making the whole thing even more of a farce.
      Expect more of these cases and even worse ones as the fundies fight to destroy America. All those insane, brutal biblical punishments for nonsense crimes? They are desperate to bring those back.
      Ever cheated on your spouse? If they get their way, you'll be stoned to death for it.

      There's a reason that prior to 9/11 8 out of the top ten most dangerous terrorist groups were American Christian terrorist groups. This is just one of the results of their actions.

    45. Re:Not children by Darby · · Score: 1

      In reality, it has huge consequences, both physical and psychological, and if it can be delayed until adulthood it probably should be.

      Complete crap. Are you truly that deeply ignorant of the entire history of our species?

      Most high school kids have sex. This has been true for a long time, and before that they were getting married and having kids at that age or earlier.
      Done properly with birth control, there are no physical consequences. Psychologically, there might be, but only if it was coerced. Most girls love sex as much or more than men do. I'm sorry you missed out on that, but that's *your* problem.
      The vast majority of the human species has gotten along quite well fucking each other from a very young age.
      Most people in history grew up with their extended families in the same room, and managed to get along ok growing up listening to their parents fucking right next to them.

      So, no there is nothing wrong with teenagers fucking each other. It is perfectly normal and healthy.
      What causes psychological damage is sanctimonious pricks shoving idiotic made up "morals" that directly contradict human nature nad what is normal and healthy.

    46. Re:Not children by Darby · · Score: 1

      You know, it's somehow heartwarming to know that even the celibate can be branded perverts for their choice.

      Well, wikipedia says:

      Perversion is a term and concept describing those types of human behavior that are perceived to be a deviation from what is considered to be orthodox or normal.

      Given that, they clearly are perverted as it's extremely rare to find a person who actually chooses celibacy. It is unnatural and far outside normal human behavior.

    47. Re:Not children by Anonymous Coward · · Score: 0

      Well said...

      Instead of embracing our sexuality, our culture (and others throughout the world) have denied it. It is all about control. Today we argue about sexuality and when and where it's appropriate, but we are really fighting the wrong fight. We need to illuminate the true oppressors and the 'why' of their oppression. Nothing wrong with religion, and nothing wrong with having faith, but dont' buy into the literal translations of it's teachings without also understanding the foundations and reasons for them.

    48. Re:Not children by Frozen+Void · · Score: 1

      'Nothing wrong with religion'.If wasn't for religion most of those morals have evaporated away,resulting in more liberal society.Humanity,unfortunately hasn't yet outgrown of religion.Christianity,Islam,Buddhism etc all have heavy objections against sex,fundamental to the faith.

    49. Re:Not children by Frozen+Void · · Score: 1

      Millions of lemmings can't be wrong.Jumping off cliffs is safe and healthy.

    50. Re:Not children by baboo_jackal · · Score: 1

      Wonko, thanks for the link. I just started reading, and it looks very interesting.

    51. Re:Not children by Fafnir43 · · Score: 1

      I think you left out the Greeks - one of the greatest cultures in history as regards science, mathematics and literature. Oh wait. They placed almost no value on abstinence, and (to take one example) gay sex was considered a universally acceptable form of recreation. The Romans didn't have much to do with abstinence pre-Christianity, either.

      Argue that abstinence is laudable if you will (IMO it isn't, it's just a lifestyle choice like any other), but please don't try to equate it with greatness and nobility throughout history.

      BTW: I am in complete disagreement with the grandparent's argument that age of consent laws should be abolished - I just felt I had to correct your point.

      --
      To know recursion, you must first know recursion.
    52. Re:Not children by Anonymous Coward · · Score: 0

      Saying people are not stupid makes me angry. "People keep blaming the politicians for our problems, but where do these politicians come from? They are just people, like you and I, who are supposed to be a cut above, and who are (usually) chosen by the public. They are just products of the system. This is the best we can do folks. Garbage in, garbage out. Maybe it's not the politicians who suck! Maybe something else sucks around here, like, the public. Yeah - the public. 'The Public Sucks. Fuck Hope.' There's a campaign slogan for somebody..." --George Carlin

    53. Re:Not children by Plutonite · · Score: 1

      You haven't really found a counter example: the differences are subtle. Greek culture maintained the dignity of the free woman(as opposed to the slave) and the preservance of lineage through marriage, like many other ancient cultures. The Greeks and Romans did not let their daughters get screwed by random strangers or even casual partners. Prostitution existed, and boys(weak/soft/effeminate) were also used as sexual substitutes by the adult men who did not want the complications of pregnancy, but between the wealthy/nobility the institution of marriage was mandatory for access to the girls. In other words, girls who weren't "trash" meant marriage, not one night stands. As for the boys referred to above, they were denied most political rights due to their status suffering from their being penetrated anally by other men.

      There was a lot of sexism involved - what was acceptable for men did not go for women. But I am not here to defend the Greeks and Romans. I'm just trying to describe how we have become habituated to something that was never part of most orderly forms of society before.

    54. Re:Not children by jafac · · Score: 1

      These laws are made by extreme religious fundamentalists who think that any sex outside of marriage is wrong.

      . . . and that sex with minors, (even close blood relatives, cousins) INSIDE of a marriage is a-o-k.
      (specifically referring to the fact that many states, particularly SOUTHERN states, allow girls to get married as young as 13)

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    55. Re:Not children by DM9290 · · Score: 1

      "The prosecution has the power to choose its cases. In this case, they chose to do the damage they did. Hiding behind "the law" is the act of a coward who refuses to accept responsibility for their actions."

      The act of an anonymous coward no doubt.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    56. Re:Not children by Copid · · Score: 1

      And yet, I'm not opposed to laws that prevent people from doing things that are likely to ruin at 15-year-old's life.

      I can see where you're going with that, but what if applying those laws causes more damage than the activity they're meant to prevent. I'd argue that being arrested and prosecuted has huge physical, psychological, and social consequences. It's like saying, "Kids shouldn't smoke because it's bad for them, so we should execute all kids who smoke."

      Likewise, I think that there's something missing from this line of argument:

      1) Teens are irresponsible and won't properly evaluate the potentially dire consequences of a given activity.
      2) We should create legal consequences that are arguably more severe than those that stem naturally from the offense.
      3) Teens suddenly become able to evaluate the consequences of the action in question, and everything becomes better.

      The jump from (2) to (3) seems like too big of a leap of faith to make good policy. This is the sort of activity that should be reported to parents for a stern (and insanely embarrassing) talking to. Going out and distributing the pictures of your significant other is a different matter (a crime with a very clear victim), but subjecting a couple of kids to some very destructive legal proceedings for what amounts to poor judgment and self destructive behavior is a ridiculous solution.
      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
  8. So.... by EGSonikku · · Score: 5, Insightful

    Now if I try to commit suicide will I be charged with Attempted Murder?

    --
    - "Scientia non habet inimicum nisp ignorantem"
    1. Re:So.... by eneville · · Score: 1

      Now if I try to commit suicide will I be charged with Attempted Murder? attempted suicide is an offense, and you will be charged. succeeding is ok though... just your insurance wont payout, get someone else to do it for you.
    2. Re:So.... by Chmcginn · · Score: 1

      Hmm... but what if you decline to press charges against the offender?

      --
      Have you been touched by his noodly appendage?
    3. Re:So.... by mrcaseyj · · Score: 1

      If someone grabs your laptop and throws it on the ground smashing it to pieces they are guilty of a crime. But if you smash your own laptop you haven't committed a crime. They're punishing the victims for hurting themselves. But if the victims are hurting themselves, that should be punishment enough. There are other laws to protect victims from themselves like seatbelt and helmet laws, but those are usually justified on the grounds that society would have to pay their medical bills.

    4. Re:So.... by Vicissidude · · Score: 1

      Actually, life insurance will payout if you're over 2 years into your policy.

    5. Re:So.... by Gryle · · Score: 1

      Only if you have multiple personalities.

      --
      Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
    6. Re:So.... by Anonymous Coward · · Score: 0

      yes - the punishment for which shall be - death! But only after they rehabilitate you to enjoy life again.

    7. Re:So.... by C0C0C0 · · Score: 1

      Now if I try to commit suicide will I be charged with Attempted Murder?

      Only if you fail.

      --
      You are totally blocking my view of the wall. - Dogbert
    8. Re:So.... by Anonymous Coward · · Score: 0

      yes, actually, there are some laws in certain states where if you try to kill yourself and fail, you get tried for attempted murder and ..face the death penalty.

      though these laws are often ignored and the person who tried to off themselves will be committed

    9. Re:So.... by TheCreeep · · Score: 3, Insightful

      Along that line of thought, If a 17 year old masturbates, is it a form of child molestation?

    10. Re:So.... by jethro37 · · Score: 1

      i might be off-base, but i believe both threatening to and actually killing yourself is against the law.

    11. Re:So.... by Surt · · Score: 1

      What if you decline to press charges against someone who attempts to murder you? The DA just drops the case?

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    12. Re:So.... by aussie_a · · Score: 1

      Some will only wait 13 months before paying out for suicide.

    13. Re:So.... by aussie_a · · Score: 1

      Actually, wouldn't that be assisted suicide (which is illegal but a significantly lesser crime)?

    14. Re:So.... by saitoh · · Score: 1

      *If I remember correctly*;
      if you try and fail (talk about being a loser...), then yes, you are charged with a form of attempted murder and are put in confinement with a 24/7 monitor to try and prevent you from doing it again.

      --
      We don't need an "overrated" so much as we need a "you completely missed the parent's point, dumbass..."
    15. Re:So.... by Frozen+Void · · Score: 1

      IIRC UK had laws against suicide ,see http://en.wikipedia.org/wiki/Suicide_Act_1961

    16. Re:So.... by gr8dude · · Score: 1

      I once read that in one of the islamic states, if you attempt to commit suicide, you will be given a death sentence.

  9. Necessary... by Anonymous Coward · · Score: 1, Funny

    Pics or it didn't happen.

  10. Single biggest problem with our leagal system by edwardpickman · · Score: 1

    The courts are only allowed to consider letter of the law and not intent. Given how poorly most laws are written it leads to this kind of abuse.

    1. Re:Single biggest problem with our leagal system by Anonymous Coward · · Score: 0

      Clearly you're not a lawyer, a judge, or at all involved in the legal field.

      Courts are very much allowed to look at the intent of a law. More often than not, judges simply decide what the outcome should be and then mold the law to fit that decision.

      Now, it is possible that kiddie pr0n falls under strict liability in Fla., or that the appeals court is following a precedent from a higher court, but even in those cases your statement is false.

    2. Re:Single biggest problem with our leagal system by troll+-1 · · Score: 1

      The courts are only allowed to consider letter of the law and not intent.

      I thought the courts were allowed to consider intent. If there's a difference between a hunting accident resulting in criminal negligence or attempted murder, isn't intent a determining factor?

    3. Re:Single biggest problem with our leagal system by MikeJ9919 · · Score: 1

      Depends on the statutory language. Crimes like possession of drugs and (I would assume) child pornography are frequently strict liability...you're holding it and you can't demonstrate that someone planted it on you, you're guilty. No intent required. I'm a first-year law student, so if someone more knowledgeable than me (namely, a lawyer with some familiarity with Florida law) wants to rebut this, feel free.

    4. Re:Single biggest problem with our leagal system by Conspiracy_Of_Doves · · Score: 1

      You are talking about the intent of the accused. Grandparent is talking about the intent of the lawmakers.

    5. Re:Single biggest problem with our leagal system by jeff4747 · · Score: 1

      The courts are only allowed to consider letter of the law and not intent

      Wow, are you wrong. Remember, the Judicial branch interprets the laws. That means they do get to consider intent. In fact, intent is the key to interpreting laws in all the gray areas the inevitably show up.

      The Executive branch enforces the law, and is only allowed to consider the letter of the law (with relevant Judicial clarification)

    6. Re:Single biggest problem with our leagal system by kalirion · · Score: 1

      That's what jury nullification is for.

  11. TUWP by imgod2u · · Score: 0, Offtopic

    This thread is totally useless without....oh wait, this is /.

    1. Re:TUWP by Anonymous Coward · · Score: 0

      So would that be jb or cp?

    2. Re:TUWP by Anonymous Coward · · Score: 0

      GREY AREA

  12. The real reason for these stupid prosecutions by Anonymous Coward · · Score: 4, Insightful

    Prosecuting teenagers for taking pictures of themselves naked and sharing strikes many as absolutely stupid. This is a victimless crime. Now, prosecuting others for sharing someone elses picture I can understand.

    So why are these laws being applied when the photographer is the subject?

    It's quite simple. If the uptight authorities don't do this, why, then you'd have teenagers all over the place taking naked pictures of themselves and passing them along. The whole world would be flooded with naked pics of teens!

    Can you possible imagine what such a world would be like? Why, why, ahhh, oh nevermind.

    Anyway, the religious authorities don't like this. That's what it boils down to.

    Oh my. Now we're starting to sound like Iran.

    1. Re:The real reason for these stupid prosecutions by OctaviusIII · · Score: 5, Insightful

      Religious authorities should also be appalled at such a miscarriage of justice. When Christians embrace legalism rather than care you get crap like this. In my mind they've lost their faith in God and put it in the courts. I'm a Christian myself, and this sort of BS sickens me. I hope they can appeal.

      --
      What's this? Another weblog? On transit?
    2. Re:The real reason for these stupid prosecutions by Anonymous Coward · · Score: 0

      It's quite simple. If the uptight authorities don't do this, why, then you'd have teenagers all over the place taking naked pictures of themselves and passing them along. The whole world would be flooded with naked pics of teens!

      Yeah right. When I was a teenager, me and/or people I knew: had sex, smoked cigarettes, drank alcohol, smoked pot, used "hard" drugs, looked at porn, drove without wearing seatbelts, etc. All of those things are illegal when your under 18 or 21, but that never stopped us.

      As an adult, I still know people who do all of those things, even though some of it is still illegal for us.

      In general, any law trying to protect people from themselves will fail. It boils down to respect. A law that treats me like an 8 year old doesn't respect me, so how can I respect it? People will do what they want to do, whether it's legal or not.

      The only point of these laws is to give a certain subset of the population the warm-and-fuzzies.

    3. Re:The real reason for these stupid prosecutions by Achromatic1978 · · Score: 1

      In my mind they've lost their faith in God and put it in the courts.

      The religion can't enforce its view, perception, and beliefs on others. So they put their faith in something that can, the court.

    4. Re:The real reason for these stupid prosecutions by Anonymous Coward · · Score: 0

      Well part of this is a compensation for letting things like homosexualtiy proliferate. People understand perversion exists but many are trying to deny homosexuality is just that. So society now goes after other things with more force and declares them perverted instead.It's like the cops who are apprehensive trying to go after gangs and then they hammer people for parking violations with compensatory vigor. Everything is getting reversed. Two middle aged white guys having anal with each other is considered "normal" by media (most people don't really agree with this) but a middle aged white guy who likes 18 year old girl is considered a super perv. It's a sick society these days.

    5. Re:The real reason for these stupid prosecutions by TheoMurpse · · Score: 1

      It's quite simple. If the uptight authorities don't do this, why, then you'd have teenagers all over the place taking naked pictures of themselves and passing them along. The whole world would be flooded with naked pics of teens!

      Can you possible imagine what such a world would be like?
      Yes, I can. It's called Stickam.
    6. Re:The real reason for these stupid prosecutions by Anonymous Coward · · Score: 0

      So, because you can't handle the mear thought of two guys fucking, everyone else has to live in hell.

      He was right, you shall know them by their fruits.

    7. Re:The real reason for these stupid prosecutions by Darby · · Score: 1

      I'm a Christian myself, unlike them and this sort of BS sickens me.

      Fixed it for you ;-)
      OK, I probably put words in your mouth that you wouldn't say, but as long as you and those like you do not do more to make that point, people like me who don't buy in to your beliefs will continue to be forced to lump you all together out of simple self defense.
      Living in America, I fucking despise "Christians" because they are on a crusade to destroy the fundamental basis of this nation. They already managed to insert "under god" into the pledge of alliegance and have the audacity to claim to be "conservative" and "standing up for traditional values" when reasonable people attempt to undo the results of their extremism, passed many purely evil laws like this, prohibition, drug laws etc. Their stated goal is the elimination of the constitution and its replacement with a "Christian" state which would see me, my family and all of my friends put to death simply because I don't blindly buy into bullshit.

      Given the fact that that is the threat we face and the fact that the only reason that they have managed to get as far as they have is the protections provided to religion then it is not reasonable to decide whether they're "good" Christians or "evil" Christians. The threat is too great and you and yours have let it happen and done nothing to deal with the problems created by your faith.

      So you have a responsibility to step up and do a hell of a lot more about these sick fuckers hiding under the protection afforded your religion. I'm an atheist, so I'm a pig fucking satan worshipping monster who should not even be allowed citizenship in their eyes. I have no way of having any pull with them or even having a reasonable argument listened to (yes, this is a rant rather than a reasonable argument. I'm perfectly capable of both).
      You and yours need to step up and do something about the desecration of your faith. Philosophically, I'm fine with the vast majority of it leaving out the silly fairy tale bits. In practice it has, almost without exception, always been used for evil. And it is due to good people like you doing nothing about it.

    8. Re:The real reason for these stupid prosecutions by OctaviusIII · · Score: 1

      The problem is, when we do things about it, the media doesn't listen except on very, very rare occassions. Finding the most vitrioloc rhetoric coming from a Christian sells. When Bono talks about aid to Africa, people just see him as a celebrity rather than a Christian doing good work. I don't blame anyone for painting us in broad strokes; some people would rather have that than give normal Christians a voice. I would like to see the statement of intent to establish a theocracy from one of the Christian Right's big wigs you're referring to, though.

      On topic, I don't blame Christians for this but overzealous parenting. I don't think the kids were doing the right thing (far from it), but the solution to that is good parenting, not litigation and jail time. If anything, that simply makes things worse! If there's one thing the Family Values types should be up in arms about it's the state trying to encroach on the family. I wonder who I could lobby...

      --
      What's this? Another weblog? On transit?
    9. Re:The real reason for these stupid prosecutions by Darby · · Score: 1
      The problem is, when we do things about it, the media doesn't listen except on very, very rare occassions. Finding the most vitrioloc rhetoric coming from a Christian sells.

      That's true, but it is not *just* about what sells anymore. It is a dedicated campaign between the media conglomerates the big church leaders and the various other corporations dedicated to Fascism.
      Look at the whole "Mega Church" phenomenon. That's not a community thing, it's a means to make sure that large groups of people can be fed the same message.

      It is not just that your presumably reasonable views aren't exteme enough to sell. We're way past that point. It's that they aren't aligned with the direction the fascists are going. The wingnuts are aligned with that and that is why Christianity defined as following the teachings of Jesus is being actively marginalized.

      I would like to see the statement of intent to establish a theocracy from one of the Christian Right's big wigs you're referring to, though.

      Here's a Wikipedia article about the general concept.

      This one gives a lot of information about the basis for the Intelligent Design movement. It includes (direct link to a pdf) a link to the original document which starts with the goals of the Intelligent Design movement:

              * "To defeat scientific materialism and its destructive moral, cultural, and political legacies"
              * "To replace materialistic explanations with the theistic understanding that nature and human beings are created by God"

      Now, clearly this is a movement with legs, but their stated goals are what they commonly deny when trying to shove their ideas into science classes. That's why they called it the wedge strategy. They are dedicated to getting the wedge in and using it to dismantle our society.

      A few other examples, which are perhaps a level removed:

      Fallwell.. well almost anything that kook says but specifically blaming 9/11 on gay people, "I urge everyone to go out and buy an SUV today."

      Meh, side note, the building 2 over from me is on fire...again...City of Chicago thought it was better to stop the rehab project due to "permit issues" (lack of bribes) and just leave it abandoned except for squatters. It's cold as hell (taking the Dante view) here and so they start fires to keep warm. Fire Department is here and the building is brick so no real threat to me and mine, but it is a bit smokey. I'll blame my typos on that today ;-)


      OK, this is getting bad

      I can barely get my Mazda3 down the alley they're bringing the firetruck down. Talk to you later.

    10. Re:The real reason for these stupid prosecutions by demon · · Score: 1

      We're not like Iran - we're Christian, they're Muslim; therefore by common rationale we must be better, right? Didn't you get the memo?

      --

      Sam: "That was needlessly cryptic."
      Max: "I'd be peeing my pants if I wore any!"
  13. Wrong tag, should be Politics not YRO by Gothmolly · · Score: 1

    How is this related to your rights "online" ? If they took polaroids of themselves, the issue would be the same - minors in Florida are allowed to have sex, but cannot document it. This is a social and political problem, it has nothing to do with being "online".

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:Wrong tag, should be Politics not YRO by dave420 · · Score: 1

      the photos were emailed. it says so at the top of the very page you posted on.

    2. Re:Wrong tag, should be Politics not YRO by Orozco · · Score: 3, Insightful

      Also, the majority opinion makes a big deal about the ease with which the pictures could have been obtained by a third party because they were emailed. The judge who wrote the opinion talks about how the teens' computers could have been hacked, their ISPs could have retained copies of the email, the email could have been intercepted by hackers, and also that "Computers also allow for long-term storage of information which may then be disseminated at some later date." The majority opinion seems to have decided that since computers were involved, this is somehow more serious than using traditional photography. The minority opinion says that this rationale is stupid (paraphrased :).

    3. Re:Wrong tag, should be Politics not YRO by DebateG · · Score: 1

      The fact that they were electronic photos is one of the core arguments used by the majority opinion:

      In addition, the two defendants placed the photos on a computer and then, using the internet, transferred them to another computer. Not only can the two computers be hacked, but by transferring the photos using the net, the photos may have been and perhaps still are accessible to the provider and/or other individuals. Computers also allow for long-term storage of information which may then be disseminated at some later date. The State has a compelling interest in seeing that material which will have such negative consequences is never produced.

      But this argument is really irrelevant to the Court's logic. The court essentially argues that minors have no expectation of privacy because they're too immature to establish adult relationships or keep secrets. Moreover, they argue that since minors cannot legally consent to having pornographic photos of themselves, they are being exploited, and the State has an interest in preventing this. This very much parallels the arguments for prosecuting two minors for statutory rape.

    4. Re:Wrong tag, should be Politics not YRO by Gothmolly · · Score: 1

      I knew that there was a reason you were my foe. Its privacy, and the societal norms surrounding sexual conduct by minors, the online part is irrelevant. If I call you an asshole on Slashdot, is it a YRO story because it happened 'online' ?

      --
      I want to delete my account but Slashdot doesn't allow it.
    5. Re:Wrong tag, should be Politics not YRO by DeathFromSomewhere · · Score: 1

      "Your rights, online" not "Your online rights"

      --
      -1 overrated isn't the same thing as "I disagree".
  14. Our society held hostage by dotslashdot · · Score: 1, Troll

    Soon everything we think and do will be illegal and we will all be criminals under Christian sharia law.

    1. Re:Our society held hostage by Anonymous Coward · · Score: 0

      You schmuck. Do you really think this is a product of the religious right? The Nanny State agenda is primarily advocated by the liberal democrats.

  15. Florida Age of Consent by Catmeat · · Score: 4, Informative

    According to the Wikipedia article on age of consent in North America - http://en.wikipedia.org/wiki/Ages_of_consent_in_No rth_America two 17 year-olds in Florida can legally have sex. It's just they can't take and send dirty pictures to each other.

    1. Re:Florida Age of Consent by Anonymous Coward · · Score: 0

      This relates to a talk I saw a professor make a week or so on Canada's anti-Child pron laws. Apparently, in Canada there's a relatively new law against literature that talks about sex with minors. This makes it legal for two 17-year-olds to have sex, but illegal for them to write a poem about it.

    2. Re:Florida Age of Consent by Rob+Kaper · · Score: 1

      So it would also be illegal to publish any kind of sexual education? (school books, adolescent magazines with write-in advice columns)

    3. Re:Florida Age of Consent by Anonymous Coward · · Score: 0

      There's an exception for anything that "benefits society" or something to that extent. So basically the burden is on the accused to prove that the material is beneficial to society. The law used to explicitly exempt art and education and whatnot, but it was changed, and the concern is that even if it is art or literature, it now may not be protected.

      The talk was concerning Nabokov's Lolita, where the main character has sex with a minor. The professor was concerned that, although it was a good book, he couldn't prove that it benefits society.

    4. Re:Florida Age of Consent by kidgenius · · Score: 1

      You want somethign even more fscked up? In georgia, two minors having sex is a misdameanor, but having oral is a felony. Read this: http://sports.espn.go.com/espn/eticket/story?page= wilson Sad....so sad.

    5. Re:Florida Age of Consent by jamstar7 · · Score: 1

      I can't find any info on it (probably to shield the 'victim), but was the 15 yr old girl white? If she was, it would go a LOOOOOOOOOONG way in explaining this...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    6. Re:Florida Age of Consent by Anonymous Coward · · Score: 0

      Uhhh I'm not positive about this, but I thought there was a Federal law making 18 the minimum age for consentual sex. Federal laws outweigh state laws.....therefore regardless of what the state says, if they are under 18, they can be prosecuted.

  16. Smart minority opinion. by YoungHack · · Score: 1

    That minority opinion was especially clear and sensible. It is unfortunate that common sense so often goes out the window when computers become involved.

    1. Re:Smart minority opinion. by O'Laochdha · · Score: 1

      I don't think so. This clearly is not what the law was intended to prosecute, but if the law states that minors can be prosecuted, minors can be prosecuted. Whether it was meant for them or not, they broke the law. It's the decision of the officials (or the governor), not the appeals court, to ignore this because it wasn't so intended (as it clearly wasn't).

  17. Madness! by Valtor · · Score: 1

    This is just madness! Children exchanging photos of them selfs naked is perhaps inappropriate. But it is certainly not child pornography! How can anyone with any common sens pretend it is otherwise? I can't even think where the court is trying to go with this. How could child pornography laws be applied to this case as a proper punishment for those children???

    --
    "Sockets are the standard networking API, also useful for stopping your eyes from falling onto your cheeks" zeromq.org
    1. Re:Madness! by DM9290 · · Score: 1

      "Children exchanging photos of them selfs naked is perhaps inappropriate. But it is certainly not child pornography!"

      how is this certainly not child pornography? The definition of a document as being child pornography or not has nothing to do with the identity or age or the artist, writer or photographer.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    2. Re:Madness! by Valtor · · Score: 2, Interesting

      The definition of a document as being child pornography or not has nothing to do with the identity or age or the artist, writer or photographer. Exactly, I'm well aware that technically this is child pornography. But the problem here, is that the definition of child pornography is not clear enough. It certainly should not apply to a case like this one.
      --
      "Sockets are the standard networking API, also useful for stopping your eyes from falling onto your cheeks" zeromq.org
  18. SHUT DOWN MYSPACE.com by celardore · · Score: 5, Funny

    This is the next step forwards. It is obviously only teenagers and pedophiles using this site. Best stop it at source. Shut down Myspace, faceparty, and anything else that teens can be involved with on the net. If we stop children using these sites, then we stop pedophiles using them too. Problem solved, right?

    AC because this post will likely be moderated troll, when in fact I intended it to be insightful. id: 844933

    1. Re:SHUT DOWN MYSPACE.com by celardore · · Score: 5, Funny

      when wanting to post as AC, remember to check the 'anonymous' option.....

    2. Re:SHUT DOWN MYSPACE.com by mazarin5 · · Score: 2, Funny

      Don't worry. I like the phrase "Faceparty." I think I'll host one next weekend.

      --
      Fnord.
    3. Re:SHUT DOWN MYSPACE.com by Anonymous Coward · · Score: 0

      Ow! I've got to stop replying to myself! At least this time I'll remember the checkbox!

    4. Re:SHUT DOWN MYSPACE.com by Anonymous Coward · · Score: 0

      disregard that, I suck cocks.

    5. Re:SHUT DOWN MYSPACE.com by Anonymous Coward · · Score: 1, Funny

      disregard that, I suck cocks.
      Meant to say that I "take" cocks... sorry for the confusion...
    6. Re:SHUT DOWN MYSPACE.com by Anonymous Coward · · Score: 0

      disregard that, I suck cocks.
      Meant to say that I "take" cocks... sorry for the confusion... I should have said that I pile them deep into me... Don't know why I keep getting this wrong....

      (makes sure 'post anonymously' is really checked this time)
    7. Re:SHUT DOWN MYSPACE.com by Anonymous Coward · · Score: 0

      Sorry i meant to say that i love cock dont know how got confused

    8. Re:SHUT DOWN MYSPACE.com by Darby · · Score: 1

      when wanting to post as AC, remember to check the 'anonymous' option.....

      Given your new AC troll friend below, I suspect you'll probably remember in future ;-)

  19. The saddest part is. . . by kimvette · · Score: 1

    Now they will probably have to be listed on "registered sex offender" registries. How fucked up is that?

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  20. The DA should be ashamed by Kaboom13 · · Score: 5, Insightful

    I can understand how these charges could be upheld, after all, a judges job is to uphold the law as it is written, not as they would like it to be. The person who should be ashamed of himself is the district attorney who is pressing charges on what obviously is an unintended consequence of a poorly written law. Is he so desperate for work, he has nothing better to do then go after two teens who are only guilty of being young and stupid? His job is to serve the public and see that justice is done, not waste their time and money on witch hunts. I wonder how many criminal cases got ignored or plea bargained so 2 dumb kids who took pictures of themselves could learn their lesson.

    I can only assume he wants to pad the numbers, so he can claim he busted another "kiddie-porn ring" and kept our children safe. It really scares me that in the article, the judges use a lot of reasoning along the line of the pictures "may have" been shown to others later, or the computers "may have" been hacked laster, or something, somehow "may have" gone wrong. When did abstract possibilities becomes illegal? I believe people should be held accountable for the consequences of their actions, but I don't see how they can be held accountable for what happens only in the wild speculation of some judge.

    1. Re:The DA should be ashamed by kharchenko · · Score: 5, Insightful

      I usually sympathetic to the judges that are bound by the letter of the law, but quotes from the judges opinion in this case left me fuming:

      "Wolf speculated that Amber and Jeremy could have ended up selling the photos to child pornographers ("one motive for revealing the photos is profit") or showing the images to their friends. He claimed that Amber had neither the "foresight or maturity" to make a reasonable estimation of the risks on her own."

      They could've ended up selling photos ? Well for that matter this judge could've ended up buying them! Since when have we started punishing people for things they could potentially do (but clearly have not attempted to)?

      Or how about lacking "maturity" - the whole case is built on the fact that they are minors ... how hypocritical it is to punish them for lack of maturity!

    2. Re:The DA should be ashamed by k_187 · · Score: 1

      When did abstract possibilities becomes illegal?

      September 11, 2001

      --
      11 was a racehorse
      12 was 12
      1111 Race
      12112
    3. Re:The DA should be ashamed by Anonymous Coward · · Score: 0
      They could've ended up selling photos ?

      Yeah, yeah. And, as my sainted mother used to say, "If your aunt had balls, she'd be your uncle."

    4. Re:The DA should be ashamed by Anonymous Coward · · Score: 1, Interesting
      Uhh.... good point. The mere possibility that some bad MAY occur should have no bearing on any punishment, anywhere. The responsibility of law enforcement and the *cough* justice system is to apprehend/punish/rehabilitate criminal offenses against others and property. Unfortunately, most the population lost the right to bitch about this since they haven't spoken up about the millions of non-violent offenders who've been locked up over the last several decades.

      Mod me -5 (pothead) if you will, but that passage from Niemoller has never been more appropriate. If you didn't speak up when they wanted to keep ratcheting up the War on (some) Drugs, you should slink away from this article and find something else to comment on. Think about it for roughly five seconds, and you'll have to note: the rationale behind prohibition of any substance has primarily been that people who do these things might commit other crimes more often. No, you most likely haven't said a word against such a draconian state because you feel that some preventative enforcement is a good thing.

      That would make you hypocrites, if true. I've got nothing against busting people (whether high or not) who commit crimes against others - driving under the influence, rape, robbery, murder, assault, fraud, whatever. I just think preemptive enforcement is a load of shit, and thanks to a great many of my fellow countrymen, it will go on for far longer than it ever should have.

      (The YOU referenced throughout this post is not specifically the author of the parent, rather I used the parent as a springboard for my rant. The YOU in this post is YOU, the reader, who will likely not get off your ass even after this. You won't write a letter to your congressman, so why should anyone expect that you'd actually stand up and say FUCK THIS where anyone could hear you? Slink back into your caves, play your video games and surf the internet for porn, Uncle Sam is keeping you safe and tucked in at night and there's no reason to stick your neck out for anyone else.)

  21. Tough Call by mathmathrevolution · · Score: 3, Funny

    There's really no way to speculate about whether or not a crime occured without actually seeing the allegedly obscene images. For the sake of clarity can somebody post these so-called "racy pix" or email them to me (mfoley@hotmail). thx

    1. Re:Tough Call by mazarin5 · · Score: 2, Funny

      Sorry, Senator. They were girls.

      --
      Fnord.
  22. Out of date by DerekLyons · · Score: 1, Offtopic

    A minority opinion argued that the laws were intended to protect children from exploitative adults, not from other children.

    That's fine in a world where we don't have underage rapists and killers. But that's not our world sadly.
    1. Re:Out of date by NeutronCowboy · · Score: 4, Insightful

      That's fine and dandy, except no one got raped or killed. This was consensual.

      --
      Those who can, do. Those who can't, sue.
    2. Re:Out of date by b1scuit · · Score: 2, Insightful

      Good thing rape and murder are quite illegal regardless of how old the rapist/murderer are. I don't know what world you live in where rape and murder aren't adequately addressed in the letter of the law, but perhaps they should redirect a little effort away from prosecuting things that don't really hurt anyone to handling those things that do. If anyone is guilty of harm here, it's the people responsible for dragging those two poor kids through all this shit. But hey, protecting these two kids by ostracizing them with the sex offender label for the rest of their lives might well be a part of your world. Lotta different worlds out there.

      I hope I never wander into yours though.

    3. Re:Out of date by MillionthMonkey · · Score: 2, Insightful

      A minority opinion argued that the laws were intended to protect children from exploitative adults, not from other children.
      That's fine in a world where we don't have underage rapists and killers. But that's not our world sadly.
      You mean kids under 18 are free to rape and murder anybody they choose unless we charge them with rape for having consensual sex with one another? There's no way to distinguish those two situations from each other by statute?

      How do you figure, Senator?

      18 years is too old to be prosecuted as a child molester if your "victim" is also 18. You can molest a 14 year old, but another 17-19 year old? I don't think so! Someone who's your age isn't approaching you from the position of power or authority that can be abused by an adult much older than you. Two kids playing doctor don't deserve to be charged as if each was ten years older than the other. This kind of molester is not your age practically by definition. And with this type of abuse, your molester cannot be abused in kind by you, also practically by definition. Child abusers abuse children, not each other.

      They need to let you ripen a bit, so you have the kind of relationship to your victim that an actual abuser might have. The law should at least compare your ages, i.e. subtract them, instead of stupidly comparing each kid's age separately to 18 to determine the guilt of the other. Who wrote this law? This is a bug. Are all Florida's laws this poorly written? I'd be fired for writing code that did that. I should go into politics; it seems like a much easier coding job although you have to dress nicer and give a lot of bullshit speeches.
    4. Re:Out of date by Anonymous Coward · · Score: 0

      The law should at least compare your ages

      That doesn't make sense to me. A person should be considered able (or unable) to decide upon their consent to sex regardless of the age or gender of the other person. If a 17-year-old can choose to consent (or choose not to consent) to sex with another 17-year-old, why can't they form the same consent w.r.t. a 40-year-old? If the 40-year-old is holding actual authority over their head (being a parent, guardian, teacher, law enforcement officer, etc.), that's another matter entirely.

    5. Re:Out of date by MillionthMonkey · · Score: 1

      A person should be considered able (or unable) to decide upon their consent to sex regardless of the age or gender of the other person. If a 17-year-old can choose to consent (or choose not to consent) to sex with another 17-year-old, why can't they form the same consent w.r.t. a 40-year-old?
      What this logic fails to appreciate is the fact that a relationship between two 17-year-olds is nowhere near as fucked up as a relationship between a 17-year-old and a 40-year-old.

      If the 40-year-old is holding actual authority over their head (being a parent, guardian, teacher, law enforcement officer, etc.), that's another matter entirely.
      He doesn't need to have "actual authority". He approaches the relationship from a grossly distorted position of power just by virtue of being 40 when the other person is 17.
    6. Re:Out of date by Anonymous Coward · · Score: 0

      He approaches the relationship from a grossly distorted position of power just by virtue of being 40 when the other person is 17.

      So what? Kobe Bryant approaches a relationship with pretty much any woman - 17, 27, or 67 - with the same grossly distorted position of power due to his immense fame, wealth, and physical stature. Does that mean that no woman can form the requisite consent to have sex with him? Does it mean that Kobe Bryant can't have sex with anyone due to his position and power in society? Of course not, and our government shouldn't be taking the position of trying to protect women from themselves by preventing them from consenting to sex with a person with power.

      Now, if the idea is that a woman who is 17 somehow lacks the capacity of good judgment required to decide whether or not to consent to sex with someone like Kobe Bryant, then it's because they lack the capacity of good judgment to consent to having sex with anyone, not because of her prospective partner's age, but because of her own age.

    7. Re:Out of date by MillionthMonkey · · Score: 1

      not because of her prospective partner's age, but because of her own age.

      This is black-and-white thinking. You don't just have to base everything on one age or the other. Both their ages are important if she is younger than 18. His age is obviously not an issue if she is older than 18. But if she's younger than 18 than it should matter how much older than her he is. If the age difference is close to zero then we'd be better off with the law not getting involved.

      I mean this is just common sense. Why does the law always have to be an ass? Why can't legislation be written in such a way that won't so predictably end in disaster raining down on the heads of ordinary teenage romantics trading naughty pictures of themselves? We've gotten so attached to applying blanket cold logic and stupid Boolean algebra to real world situations that we end up with these outcomes that reveal just how much we've lost our minds in our clumsy attempts to protect children and impress disinterested voters. Politicians in Florida wrote these laws that would "protect the children" by defining "producing, directing or promoting a photograph featuring the sexual conduct of a child" as child pornography. Now their law has just backfired and labeled these children forever as sex offenders. Congratulations, morons. If I made a goof like that I'd lose my job. I wonder what it takes to get fired in politics.
    8. Re:Out of date by Phroggy · · Score: 1

      Congratulations, morons. If I made a goof like that I'd lose my job. I wonder what it takes to get fired in politics. Being labeled by your opponent as "soft on child pornography".
      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    9. Re:Out of date by jafac · · Score: 1

      This was not legally consensual.

      The law states that minors can not consent.

      (Whether you agree with that or not, this is the law.)

      (even though in most states, minors CAN marry - in some states, as young as 13).

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  23. I love this part of the majority opinion: by NeutronCowboy · · Score: 3, Insightful

    Further, if these pictures are ultimately released, future damage may be done to these minors' careers or personal lives.


    Yes, let's protect potential future damage to their lives or careers by ending them early! What the fuck???? I can't believe that this was an actual reasoning.

    This is unbelievable on so many levels. As the monitory opinion states, it's ok to have sex, as long as you don't document it. Protection from hypothetical damage allows for doing actual damage. Consensual, legimitate and accepted practices can lead to association with scum of the earth practices.

    The more I see, the less I think I'll raise kids in the US.
    --
    Those who can, do. Those who can't, sue.
    1. Re:I love this part of the majority opinion: by alan_dershowitz · · Score: 1

      Hah, this is a good point. When I applied for a job, they asked me if I had a criminal record, not if I had NUDE TEEN PIXXX of myself. So, let's give these kids a rap sheet "to protect their careers."

    2. Re:I love this part of the majority opinion: by Workaphobia · · Score: 1

      > "Yes, let's protect potential future damage to their lives or careers by ending them early! What the fuck???? I can't believe that this was an actual reasoning."

      We're all pretty much screwed. Might as well get it over with early. Saves these kids the suspense of thinking they can succeed in life.

      > "This is unbelievable on so many levels. As the monitory opinion states, it's ok to have sex, as long as you don't document it."

      Oh don't worry about that bit of hypocracy. Sooner or later the powers that be will outlaw sex in all forms.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    3. Re:I love this part of the majority opinion: by Rob+the+Bold · · Score: 1

      Protection from hypothetical damage allows for doing actual damage.

      This pretty much sums up much of the US law enforcement and justice industry. You can justify doing concrete harm if you say you are trying to prevent potential harm. War on Drugs, War on Terrorism, now War on Immorality.

      --
      I am not a crackpot.
    4. Re:I love this part of the majority opinion: by baboo_jackal · · Score: 1

      You can justify doing concrete harm if you say you are trying to prevent potential harm.

      Uhm... Basically, you just summed up the whole point of *any* criminal justice system. When an individual harms another person by violating a law, we "harm" that individual through punishment in order to deter future potential harm caused by others violating the same law.

      Punishment deters crime - that's a fact.

      But the only way your argument makes sense (in the way you intended) is if the "potential harm" actually isn't real, and never happens, or the concrete harm outweighs the potential harm.

    5. Re:I love this part of the majority opinion: by tftp · · Score: 1

      There was no bad car analogy in this thread yet, so let's introduce one. Imagine yourself being arrested and given a speeding ticket for doing 30 mph in a 30 mph zone just because your car can go faster than that. It would be very different from arresting someone who drives at 50 mph so that you get a message and slow down.

    6. Re:I love this part of the majority opinion: by NeutronCowboy · · Score: 1

      Punishment deters crime - that's a fact.
      So far, research has not been able to ascertain that. When punishment for a crime went up, that crime didn't go down. Something to ponder.
      --
      Those who can, do. Those who can't, sue.
    7. Re:I love this part of the majority opinion: by baboo_jackal · · Score: 1

      So far, research has not been able to ascertain that.
      Yes, it has.

      When punishment for a crime went up, that crime didn't go down.
      Actually, if you read the first study (the Levitt one), it shows *exactly* that - when a punishment for a specific crime was increased, the rate of people committing that crime (and only that crime) went down. Now, I'll be honest, the debate is kind of muddy. There's sort of an ideological struggle between people who believe that the true purpose of punishment is deterrence, and others who believe that rehabilitation of criminals is the only way to end the cycle of crime and poverty.

      No doubt, both sides want the same thing - no more crime! They both believe that crime hurts not just the victims, but the community, society as a whole, and even the criminal him/herself. They just have different ideas about how to go about doing it. I think that a truly just society needs to do both - punish in order to deter, and rehabilitate afterwards. Any nation that claims to be good and noble doesn't throw away people because they made a mistake, or had a momentary lapse of judgement. In addition, such a nation has to give its people the reasonable assurance that they can go about their day-to-day lives without fear of being killed, stolen from, or defrauded.

      Anyway, (*steps off soapbox*) my point is that there's a place for both - rehabilitation and punishment. They both serve a purpose, they both do the things they claim to do, and they're both equally necessary. It's foolish to say that one of the two "doesn't work" (when they both clearly do) in order to further the other, when they're *both* critical, indespensible parts of the solution.
  24. Insane... by flajann · · Score: 5, Insightful
    This is yet another example of how insane the laws are. In reading the article, the opinions read like "could have sold them" or "could have caused trauma/harm to the 'minors'".

    Of course, prosecuting the minors in this way for what was an innocent act on their parts, throwing them in jail for years, sticking them on sex offenders lists, and marring them for live will cause no harm to them at all.

    This is just beyond crazy. A sheer sign that our country has gone way down hill. And you know what? These prosecutors will probably get a pat on the back, promotions, and the like. It's nothing to them to destroy the lives of these two teenagers just to forward their own careers.

    1. Re:Insane... by Valtor · · Score: 1

      ...This is just beyond crazy. A sheer sign that our country has gone way down hill. And you know what? These prosecutors will probably get a pat on the back, promotions, and the like. It's nothing to them to destroy the lives of these two teenagers just to forward their own careers. Exactly! It sickens me too... I can only hope this craziness does not reach Canada too fast.
      --
      "Sockets are the standard networking API, also useful for stopping your eyes from falling onto your cheeks" zeromq.org
    2. Re:Insane... by Anonymous Coward · · Score: 0

      In reading the article, the opinions read like "could have sold them" or "could have caused trauma/harm to the 'minors'".

      What do you expect in a country that goes completely nuts over advertising gimmicks that "could have been" bombs?

    3. Re:Insane... by jd_esguerra · · Score: 1

      Don't worry. As illustrated by this story, the nuts will roll downhill to Florida first.

  25. Time to worry by Realistic_Dragon · · Score: 5, Insightful

    What happens when some smart ones start emailing photos to their teachers along with a message saying "here are the photos you demanded not to tank my grades" and BCCing the FBI?

    That's the kind of scary crap you get when you don't consider intent when deciding on guilt.

    --
    Beep beep.
    1. Re:Time to worry by Anonymous Coward · · Score: 0

      > What happens when some smart ones start emailing photos to
      > their teachers along with a message saying "here are the photos
      > you demanded not to tank my grades"

      The teacher contacts the police immediately.

    2. Re:Time to worry by Phrogman · · Score: 2, Interesting

      Are you not reading the news lately and in particular the OP? The teacher who received pictures like this from some student attempting blackmail will be in an immediate bind: If they don't report the pictures and it comes out, they will of course suffer the consequences of seemingly requesting illegal pictures in return for special treatment. However, if they do report it they will immediately be implicated in the same - sure, with no evidence, but that doesn't seem to matter these days. As with this situation, merely suspecting the possibility of being guilty will be enough to cause a massive uproar, investigation, etc. The teacher in question will no longer be trusted by any Schoolboard or Parent, even if exonerated later on. Their lives will be torn apart by the legal system - who to be fair would have to investigate them as a matter of course - and the results will be devastating.

      I suppose its only a matter of time before this happens as well, given the tools are readily available, and paranoia and misunderstanding concerning internet technology is high. At least when it happens, the concerned individuals will still be likely to get a trial - no matter how biased it might be - which is better than if they were "Enemies of the State" and could just be thrown into Guantanamo without recourse to a trial or lawyers :P

      The US seems to be on a long, slippery road to losing complete sight of its ideals and founding principals, I sincerely hope that it can turn around and find them again

      --
      "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
    3. Re:Time to worry by lukas84 · · Score: 1

      The same thing when a women accuses a man of raping her. He gets arrested, and thrown into jail.

    4. Re:Time to worry by Anonymous Coward · · Score: 0

      What happens when some smart ones start emailing photos to their teachers along with a message saying "here are the photos you demanded not to tank my grades" and BCCing the FBI?

      It's simple, the teach either reports the email to the police or goes to jail. Same thing if someone mails you drugs. If it's found, they will deliver it anyway and charge you if you don't report it. Not fun, but it seems fair to me.

  26. this is a start... by Anonymous Coward · · Score: 0

    but I won't be satisfied until we really start cracking down on all those infants that are suckling breasts - it's downright lewd!

    wake me up when people remember what human rights are.

  27. What about free speech? by Anonymous Coward · · Score: 0

    Never mind taking pictures of each other, does a 17 year old have a constitutionally protected right to take pictures of HERSELF?

    After all, it's her body. She should have the right to document how it looks at age 17 or even 7 for posterity's sake.

  28. Just Wait Until Your District Attorney Gets Home by Doc+Ruby · · Score: 4, Insightful

    The laws are to protect children from exploitation, whether by adults, other children, other children acting for adults, or whoever. It's not a "gotcha" for adults, it's protection of children.

    However, parents are to protect children. Disciplining children by the law is a total failure of the parents. While that happens, it must always be the last resort. And always include legal charges against the parents.

    --

    --
    make install -not war

  29. Why is this on Slashdot again? by alan_dershowitz · · Score: 3, Insightful

    Is "this news for nerds" because they used email? Or because of racy nude teen photos? The density of posts designed to whip up righteous nerd frenzy is getting old.

    Yes yes, the law can affect nerds too. I can also get that news anywhere.

    1. Re:Why is this on Slashdot again? by Beryllium+Sphere(tm) · · Score: 1

      One of the issues the appeals court raised is that Internet security is so bad that, in their view, emailing a picture is legally close to publishing it. That's a nerd issue. Unless you're a nerd whose friends all have public keys.

    2. Re:Why is this on Slashdot again? by Anonymous Coward · · Score: 0

      Notice this is under "Your Rights Online"

      If you don't consider legal rights a 'nerd issue', you can set up your account not to show it. Personally I feel a lockdown uses of technology (such as digital cameras, internet, e-mail, etc) is a 'nerd issue.'

    3. Re:Why is this on Slashdot again? by hxnwix · · Score: 1

      It sounds like digitimes may be the site you are looking for...

  30. Pics or it didn't happen by Anonymous Coward · · Score: 0

    ...just sayin.

  31. Re:Just Wait Until Your District Attorney Gets Hom by flajann · · Score: 2, Interesting
    So in order to protect these two kids you'd throw them both in jail? They took pictures of themselves, not other kids. They only distributed the pictures to each other, not to the world. Can you please explain to me how their acts constitutes "exploitation"? I'm missing something here.

  32. Evil, sick people! by Brian+Ribbon · · Score: 1

    First they had sex without being married, then they made photographs of it! I imagine they also worship other Gods and lie about things. I feel so disgusted that I need to ask you all to donate to my Church which will fight for a 50,000 year sentence to protect our country from non-believers. Thank You, Manipulative Religious Idiot

    --
    "To the future or to the past, to a time when thought is free" ~ Nineteen Eighty-Four
  33. Let each of us be the judge... by HateBreeder · · Score: 1

    But first, we should examine the evidence.

    URL for pictures, anyone?

    --
    Sigs are for the weak.
  34. think of the children (with a lawyer) by Anonymous Coward · · Score: 0

    Won't someone PLEASE subpoena the children?

  35. haha i love it-- by digitalsushi · · Score: 1

    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.

    So instead of "if these pictures are ultimately released", they are doing them the favor of damaging their careers and personal lives FOR SURE by the inevitable registration as sex offenders they will be branded for the rest of their lives. Instead of "if these pictures are ultimately released", let's instead have "no living next to schools, being around minors unsupervised, and let's just keep an eye on where you're living for the next 70 years if you dont mind, because you are a foul perversion of a human who doesn't deserve rights." Yeah that makes sense.

    --
    slashdot: where everyone yells sarcastic metaphors to themselves to understand the issue
    1. Re:haha i love it-- by psykocrime · · Score: 1

      Instead of "if these pictures are ultimately released", let's instead have "no living next to schools, being around minors unsupervised, a

      Aaah, since they are minors, does that mean they have to be put to death to make sure they're never around themselves? Or just that a nanny has
      to babysit them 24x7 until they turn 18, respectively?

      --
      // TODO: Insert Cool Sig
  36. So what's next? by Anonymous Coward · · Score: 0

    Sexual harassment suites for finding out your toddler played 'doctor' with another toddler?

    Does no one actually remember how kids are, or what it was to be a child?

  37. Typo in your sig by dsanfte · · Score: 1

    Just fyi, "nisp" should be "nisi", I think.

    --
    occultae nullus est respectus musicae - originally a Greek proverb
  38. In Finland... by Max+Romantschuk · · Score: 1

    From what I can remember about Finnish legislature we have a law that prohibits child porn, obviously, but also takes into account that teens can, will, and should express themselves sexually. Thus, inter-teen stuff of this nature is not illegal, as long as it stays private, of course.

    --
    .: Max Romantschuk :: http://max.romantschuk.fi/
    1. Re:In Finland... by mastershake_phd · · Score: 1

      From what I can remember about Finnish legislature we have a law that prohibits child porn, obviously, but also takes into account that teens can, will, and should express themselves sexually. Thus, inter-teen stuff of this nature is not illegal, as long as it stays private, of course.

      What about when you get older? Is it ok to keep naked pictures of your girlfriend from when you were both 15 when you are now 35?

  39. Boggles my mind by Joebert · · Score: 1

    How can they be charged as adults, but not have "foresight or maturity" as the trial judge claimed ?

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
  40. Reminds me of an interesting case I read once by bouis · · Score: 3, Interesting

    A guy over the age of majority sleeps with a girl under the statutory age. He's charged with statutory rape-- after she snuck into his house and quite literally slipped into his bed naked. She got charged and convicted of... conspiracy to commit statutory rape and as an accessory to her own rape. The appeals court in that case overturned the conviction and held that as a matter of law she couldn't be charged, because, you guessed it, the laws were intended to protect her.

    However, I somehow doubt that that's going to be the holding in this case. If being under 18 gave you license to take and distribute nude photographs of yourself, you can only imagine the consequences. Actually, I think they did an episode of Law & Order about this.

    1. Re:Reminds me of an interesting case I read once by Anonymous Coward · · Score: 0

      Being over 18 gives you the license to take and distribute nude photographs of yourself...
      what a difference a day can make, right?

    2. Re:Reminds me of an interesting case I read once by dbIII · · Score: 1

      You can always say no.

    3. Re:Reminds me of an interesting case I read once by bouis · · Score: 1

      Being over 18 gives you the license to take and distribute nude photographs of yourself...
      what a difference a day can make, right?


      It does sound arbitrary, doesn't it? But what's the alternative? That for each individual, we hold a separate trial, where a random jury decides how mature an individual is, whether they're being taken advantage of, how young they look, etc., etc.?

      A bright-line rule is a hell of a lot easier [and cheaper] to administer. Even if it's silly sometimes, everybody knows exactly where they stand. It's consistent. There's some value in that, I think.
  41. Give by mapkinase · · Score: 1

    40 or 50 lashes to both of the delinquents and let them go.

    --
    I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
  42. They are sick evil people! by Brian+Ribbon · · Score: 0, Troll

    First they had sex without being married, then they made photographs of it! I imagine they also worship other Gods and lie about things.

    I feel so disgusted that I need to ask you all to donate to my Church which will fight for a 50,000 year sentence to protect our country from non-believers.

    Thank You,
    Manipulative Religious Idiot

    --
    "To the future or to the past, to a time when thought is free" ~ Nineteen Eighty-Four
  43. It's actually much, much worse than that... by Chmcginn · · Score: 2, Interesting
    Reading the full majority decision, the judge effectively wrote that there's not a reasonable expectation of privacy on any pictures/video/whatever placed on one computer & transferred to another. With no reasonable expectation of privacy, you don't even need a warrant in order to search it.

    So it's Florida that leads us to the police state... I woulda guessed California or Boston, at least after the last few months...

    --
    Have you been touched by his noodly appendage?
  44. What if... by flajann · · Score: 5, Interesting
    What if I took a picture of myself when I was 16 and decided to distribute the picture once I became an adult? One cannot argue that it's to "protect me", since I am no longer a "child". The child is no more. Exploiting myself? I'm no longer a child. It's my body; am I not allowed to do with it whatever I want?

    This is just hypothetical, of course, but it does illustrates many issues here. The teen case is similar to this scenario; and perhaps we'll need an actual case to make the laws sane again. Of course, anyone who does this will risk everything.

    But then again, this old song of "protecting the children" is a wash, anyway, made worthless by those who have the power to judge and prosecute, but do not exercise sound judgement.

    And the really sad fact? There are real children who are really being exploited, and these silly laws do nothing to help them. It's all a joke-- a wash, where the guilty goes free and the innocent are punished to make it appear as though the system "works".

    Gotta love the USA.

    1. Re:What if... by Trollificus · · Score: 1

      Since hypothetically you were under the age of legal consent when the pictures were taken, the pictures are still illegal even though you are now of legal age. You would probably be hit with posession or distribution assuming you tried to pass them off to someone. To use an extreme example, a kiddy diddler's private spank bank does not become legal when his photographed victims reach the age of consent.

      --

      "People should be allowed to keep midgets as pets."
      - Gov. Jesse Ventura

    2. Re:What if... by Vegeta99 · · Score: 1

      But that's a different situation. He never had consent to take the photos in the first place, he couldn't have been given consent: The children were legally unable to give it to another.

      However this is different: Does a person need to be old enough to legally consent to be photographed nude by another to take photos of themselves?

    3. Re:What if... by Dunbal · · Score: 1

      It's my body; am I not allowed to do with it whatever I want?

            No - case in point, rip all your clothes off and try to run through your local mall. Or even more dramatic, pray that there's never a draft, or YOUR body will be shipped halfway around the world to die fighting in some country or other. Either that, or you'll be locked away in jail. You don't own ANYTHING. Your "freedom" is an illusion.

      --
      Seven puppies were harmed during the making of this post.
    4. Re:What if... by baboo_jackal · · Score: 1

      In your hypothetical situation, you have a 16 year old who understands that, a) consensually selling sexually explicit images of yourself is a valid, and profitable, form of expression, b) laws, whose intent is to prevent the exploitation of young people, are based on an arbitrary (and imperfect) standard: chronological age, and c) it is even *more* profitable to sell things that are prohibited by law due to the black market effect (i.e., drugs, child porn).

      If a 16 year old has the capacity to understand all these things, then that (adult) person is exploiting the "boundary case" of child porn laws to their own benefit.

      Look - laws that discriminate between young people and adults will always be imperfect until we create a consistent, efficient way of determining an individual's level of maturity. Just because we don't have one doesn't mean that *all* laws that recognize that children and adults are different are inherently wrong. The point of laws like this one is to prevent fraud - you can't make a truly free choice unless you have sufficient knowledge, and we almost universally recognize that people must reach a certain level of maturity before they have the general knowledge required to make such a free choice.

      We use chronological age to gauge maturity - it's not perfect, but it's the best method we have right now. The case in TFA does not expose some horrible, fundamental flaw in our legal system - it's a boundary situation that demonstrates the imperfection of our current method of measuring an individual's ability to make free choices based on their age.

    5. Re:What if... by Anonymous Coward · · Score: 0

      It seems like your situation (photos at 16, distribution at 18+) could be handled pretty easily by just charging you with distribution of child pornography when you actually try to sell it, and/or charging the buyer with possession.

      As far as the reasoning there, I can definitely see it, imho. You're right, by the time you'd sell the picture the law wouldn't be doing anything to protect *you* anymore. Instead, the law would be aimed at protecting other children (18-) from the temptations of that situation. If you couldn't prosecute someone for that, then you could theoretically create a market for delayed-sale underage pornography where 17 year old kids have an enormous incentive to do this. Heck, taken to its extreme this could theoretically make a situation legal where a pornographer provides equipment and privacy to children, and then just calls back on their 18th birthday with the money.

      (Nerdy lawyer talk) Sometimes the reason for a law really isn't to protect the folks actually involved in the given crime, but to try and deter other people from commiting that crime in the future. Suicide laws are a good example; you obviously can't do anything to help the guy who killed himself, but by attaching consequences to his estate you might make someone else think twice about doing it themselves later.

      As far as *this* case goes though, the majority's reasoning is pure crap. It seems to rest the bulk of its legal reasoning on two points (just from the article, I didn't read the actual case): 1) They could do something illegal with these pictures and 2) Someone else could do something illegal with these pictures. All other rantings notwithstanding, however, neither of these rationales explains why what they *have* done is illegal, and there is no room in proper criminal law for speculation. Begin prosecuting people for things they could have done and I'm getting carted off to prison the next time I'm at a red light and see my ex crossing the street.

      Perhaps there would be room in the law to prosecute these kids if they started marketing these pictures, in fact I think (distasteful as it may be) that it pry would be appropriate. As it is, I can't see how the meaning, if not the letter, of the law supports this, and clearly the majority opinion can't either.

  45. Just more proof that it's not about the children by Anonymous Coward · · Score: 0

    Yet another example of how these draconian child porn laws are often completely abused, to the point of punishing the very people they were designed to protect. These legislators and zealots who pass oppressive "think of the children" laws often aren't thinking about the children at all. They've lost sight of their goals, and act like a rabid mob.

  46. The Majority Opinion...Even more insane by MedicinalMan · · Score: 1

    I am at a loss of words. From TFA:

    "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.In addition, the two defendants placed the photos on a computer and then, using the Internet, transferred them to another computer. Not only can the two computers be hacked, but by transferring the photos using the Net, the photos may have been and perhaps still are accessible to the provider and/or other individuals."

    In the name of protecting them from future damage to careers and personal lives, they will now be labeled as Sex Offenders for the rest of their lives? This is an appleals court and this is the best they can come up with? The concept of justice is fleeting since logic does not seem to matter anymore. Bet the prosecutor and the judges are real proud for catching these dangerous predators. What is not clear is how they were caught.
    Also interesting is the "transferring ...using the net" part. He just assumes email is accessible to everyone, with no mention of possible security they employed. And yes the computers can be hacked, so is any adult with porn guilty of making it available to minors since a computer can be hacked? The potential for a computer to be "hacked" makes lots of people and companies guilty of lots of crimes.

    1. Re:The Majority Opinion...Even more insane by GiMP · · Score: 1

      Also interesting is the "transferring ...using the net" part. He just assumes email is accessible to everyone, with no mention of possible security they employed. And yes the computers can be hacked, so is any adult with porn guilty of making it available to minors since a computer can be hacked? The potential for a computer to be "hacked" makes lots of people and companies guilty of lots of crimes.


      Which makes me wonder: if they had encrypted the files, would they be in this mess?
  47. You dirty rat... by thegnu · · Score: 1

    You could've killed my brother.

    *BANG!*

    --
    Please stop stalking me, bro.
  48. Re:Just Wait Until Your District Attorney Gets Hom by Doc+Ruby · · Score: 1

    Yeah, you're missing the other sentence in my post which says that parents should discipline kids, not the courts. I explicitly did not say these kids should go to jail - to the contrary.

    Relatively harmless as it is, letting another child keep a picture of you naked is irresponsible. As we can tell with this story, the pictures are likely to be seen by other people than just the kid who first got it. Parents should prevent their kids from doing that, and discipline them when they find out. Letting your kids exchange naked pictures of themselves is irresponsible parenting.

    --

    --
    make install -not war

  49. Good thing neither was caught masturbating... by volpe · · Score: 4, Funny

    They'd have been charged with child molestation.

  50. Re:Just Wait Until Your District Attorney Gets Hom by Miseph · · Score: 1

    It is absolutely not appropriate to also charge parents in every case where "children" are charged. If a 15 year old starts skipping class class and shoplifting candy bars, that's not the parents' fault, and they shouldn't be charged with anything. The actual solution is to use the legal system to scare the bejeezus out of the kid, tell the parents what's going on, and create just enough hassle that everyone is sure the parents ARE taking the real punishment into their own hands and that the kid learns the appropriate lesson. Charging the parents for some obscure accessory or negligence crime is overkill, and it does a lot more harm than good.

    --
    Try not to take me more seriously than I take myself.
  51. Where did anyone else gain acess to the photos? by RAY+GOLD · · Score: 0

    It was said that the photos were uploaded to a private email account. Did they get the photos from the email or from the uploading computer? who retrieved the photos and under what circumstances?? i think these facts were left out from the article , but somehow i find them important.
    and no, I am not that RAY GOLD, bunch of proverts...

    --
    Anyone who knows the name, is guilty just the same!
  52. 1984's Anti-sex League by Anonymous Coward · · Score: 1, Interesting

    For as much as 1984 is referenced in issues of privacy, I'm surprised there has been no mention of the Anti-sex League in this topic. With teens in some places being encouraged to take "chastity pledges", there is an absurd expectation being forced on teens about sex, much like the Anti-sex League in 1984 where they worked to "triumph over the orgasm".

  53. Jack? by wellingj · · Score: 1

    Isn't Florida famous for stupid prosecutors any ways?
    What's in the watter down there?

  54. Re:Just Wait Until Your District Attorney Gets Hom by Doc+Ruby · · Score: 1

    If a 15 year old starts skipping class class and shoplifting candy bars, that's not the parents' fault


    Why not? The parent raised the kid, is responsible for their actions.

    Skipping class and shoplifting candy bars is certainly no cause for charging the kid with a crime (absent some bigger picture of criminality, and even that is wrong when the acts are better corrected with psych or other counseling). Those petty "crimes" are exactly the kind of misbehavior that parents should correct, not the state. However, if parents do not correct them, if parents have produced a "bad kid" who damages someone else, then of course the parents contributed to the damage.

    Your idea of "using the legal system to scare the bejeezus out of the kid" is the wrong way to grow kids up. It's inappropriate use of the legal system, and damages the kid further.
    --

    --
    make install -not war

  55. Jesus by static0verdrive · · Score: 4, Insightful

    I started getting it on at 15 as well. If I wanted to send a picture of myself back then, that would have been my business. "Land of the free" my ass.

    --
    ========
    77 77 77 2e 6d 65 6c 76 69 6e 73 2e 63 6f 6d
    1. Re:Jesus by Ranger96 · · Score: 4, Insightful

      Speaking as a parent of 7 and 5 year olds, when they are 15 and want to send naked pictures of themselves to their 'friends', it will be MY business. Especially since law enforcement has decided (wrongly) that it is their business as well.

      --
      What has been will be again, what has been done will be done again; there is nothing new under the sun.-Ecclesiastes 1:9
    2. Re:Jesus by ResidntGeek · · Score: 3, Insightful

      Parents are notoriously bad at knowing what's their business.

      --
      ResidntGeek
    3. Re:Jesus by BakaHoushi · · Score: 5, Insightful

      Is it just me, or have people forgotten that being young is ABOUT making stupid mistakes, and parents should just be there to help when need be? At 16, is it really that big a deal if two people saw each other naked? Even if it is a "mistake," I think I put it somewhere on the list around "dropping can of fruit on foot" and "forgetting wallet at home before driving." Humans are sexual creatures. Denying people under 18 the right to express this in any way other than masturbating to a Victoria's Secret/Sports Illustrated/Whatever magazine seems too cruel to me (because if someone 17 sees a Playboy magazine, he might just blow up his school, amirite?).

      What we have here is a clear example of a law punishing two teens for being human teens. These laws were passed, supposedly, to prevent some rapist from having his way with a little girl, and posting it for all to see (See my use of pathos there?). Not to arresst teens for being horny. (Here's a protip: I'm guessing before the magical Internet came about, some kids might have even developed their own naked photos and later handed them to someone in PERSON! Or, how about this. Some teens actually get naked in the SAME ROOM! And they might even DO things!)

      I don't know. I'm just angry that we, as a people, are being treated this way. Where's the good old fashioned yell, "I'm as mad as Hell, and I'm not going to take it anymore?" Where are the judges who take a look at this case, say, "Well, this case is fucking stupid, and so is the law. *gavel* You're free to go, and here's $10,000 from every senator, for making you sit through this bullshit?"

    4. Re:Jesus by phulegart · · Score: 2, Insightful

      It might be just you. But I seriously doubt it.

      There are other considerations. Let's look at the numbers of teen pregnancies right now, shall we? It is the other side of the equasion you are presenting, after all. In 2002, for example, the teen birth rate was 43 out of every 1000 women aged 15-19. Now, for those 18 and 19, who are legally considered to be responsible for themselves (in the eyes of the law), it's not nearly as much of an issue for those teens under the age of 18. When an underage teen gets pregnant, the state has to get involved for SUPPORT issues. inordinate numbers of teen moms go on welfare programs. Yes, there are moms of all ages on welfare. But are the new grandparents of this little baby supposed to now support this family, just because the mom is still a child herself?

      Unfortunately, that legal cut-off age is 18. Not 17, not 16, not 15. Yes, it is an arbitrary age, but it carries a whole host of baggage with it. Parents can be held liable for the actions of their underage children. Should some precocious 15 year old girl be allowed to legally decide that she wants to get into porn, just because SHE thinks she is old enough? Didn't Tracy Lords already show us the error of this kind of thinking? Ok, so she was 16 when she started.

      These teens are just another example of kids who had no clue, thinking they knew what was best for themselves, without having any idea of what acting responsibly is all about. That's what that arbitrary age of 18 was set for. Because they SHOULD have gained enough experience to be responsible for themselves by then, and they are now held legally accountable for their own actions. So if "someone else" is held accountable for the actions of a 17 year old, that "someone else" gets to dictate the rules.

      So what happens if teens are allowed to make their own decisions? Why shouldn't parents be allowed to kick them out of the house to go and make their own way in the world at that time? Why should parent's have to pay for the teens mistakes, if the teens are allowed to just do whatever pops into their little undeveloped minds? Just how many grandparents are raising their grandchildren, because the moms and dads are not remotely mature or old enough to raise their own kids?

      This is what allowing unfettered exploration of sexuality leads to. it isn;t about keeping kids down and not allowing them to do fun things. It is an attempt to teach them some measure of being responsbile. These kids got caught breaking the law. They knew it was against the law. They should face the consequences.

      --
      "I love deadlines. I love the whooshing sound they make as they fly by." -D. Adams
    5. Re:Jesus by lukas84 · · Score: 5, Insightful

      The teenage pregnancy problem is because of lack of sex education. You'd need to talk plain text to these kids at an appropriate age (12 or so), about what sex is, what can happen, and how to prevent problems which might arise when having sex, like pregnancy, STDs, etc.

      In fact, i don't see teenage pregnancy as a big risk. Pregnancies usually doesn't kill people, it just requires you to deal with a child or an abortion. AIDS isn't so forgiving.

    6. Re:Jesus by anagama · · Score: 5, Insightful

      These teens are just another example of kids who had no clue, thinking they knew what was best for themselves, without having any idea of what acting responsibly is all about.
      Get real. The GP's point was not that they were making good decisions, it was that their bad decision was inconsequential (it was that great line about dropping a can of fruit on your foot). Seriously, you need to analyze this. Should kids get a criminal record for every dumb thing they do? I did lots of dumb things in my time (although I've never considered losing my virginity at 15 one of them). Despite my mistakes, I somehow managed to get through college and graduate school, run my own small business, and have a rich hobby-life on the side as well. Maybe the kids ought to be grounded or have their network privileges revoked for a couple weeks, but a criminal record? Insanity.

      As an aside, if our laws become so draconian that it's impossible to not be a criminal in some way, might that encourage people to just become rapant law breakers? When you can't win, why try?
      --
      What changed under Obama? Nothing Good
    7. Re:Jesus by Belgand · · Score: 5, Insightful

      While I see (although I do disagree with) you opinion, it is not entirely relevant to this particular case. In this case the claim that these kids "knew it was against the law" is not the point. The point is that they are being prosecuted in a manner that is inconsistent with the intent of the law (and, while IANAL, the minority opinion supports this). These are laws that are designed to prosecute people that prey on children. When we move into post-pubescence, though we often encounter a host of different problems (and part of the problem behind failing to legally distinguish between pedophilia and ephebophilia along with a host of other related issues): is this a relationship between a teen and an adult and generally considered to be the case that the teen knows what they're doing (unlike in most pedophilic interactions) but in which the teen is making poor decisions and generally being manipulated? Or is this the case of, as in this case, two teens of similar age doing what comes naturally to... well, by definition every post-pubescent.

      This distinction is critical because in the first two cases we are dealing with adults taking advantage of (either intentionally or not) someone younger than them. In the latter situation we do not have that same problem. The law is clearly focused merely on preventing the former scenario. This would be tantamount to prosecuting a 17 year-old for owning a naked picture of himself. If he looks at himself naked in the mirror is he getting a hot one-on-one live sex show?

      Further, to put this in the context of your statements, that parents will be held legally accountable for the actions of their children, this entire issue isn't at all relevant. True, you focus almost exclusively on teen pregnancies which are a slightly different issue, but in this case there is no parental liability. These were photographs made in private for personal use. Thus, according to your reasoning -"if 'someone else' is held accountable for the actions of a 17 year old, that 'someone else' gets to dictate the rules" - my interpretation would be that the person being held legally responsible is to be provided with decision-making authority. Since there is no parental accountability in this case the parents would have no right to dictate whether the teens can or cannot do this.

    8. Re:Jesus by j-turkey · · Score: 3, Insightful

      Are you just arguing with the gpp or are you agreeing that these teenagers should be prosecuted for violating child-porn laws? These were two consenting teens who would otherwise be legally allowed to engage in sexual acts under Florida law (where they are being prosecuted). After some quick research, the age of consent in Florida is 16 as long as both partners are under the age of 24.

      The story seems to indicate that the images were not created for the purpose of sale or distribution. The images were privately emailed, and the two mutual sender/recipients were both arrested for producing/directing/promoting child porn and the boyfriend for possession.

      You've clearly outlined how the teenage sex can be risky behavior. However, I do not believe that this is reason for laws preventing consenting teenagers for having sex. Furthermore, in this case, there is no such law. These kids broke a law designed to keep kids safe from adult predators. There was no adult involved in this, they were not coerced, and story indicates that the images themselves were not of the kids doing anything illegal (e.g. sex between adults and minors, or images intended for distribution). The fact that both of these teenagers being prosecuted on a BS technicality which is (IMO) far outside of the spirit of the law is disturbing to me. To me, this amounts to overzealous prosecutors attacking children for creating and possessing forbidden data. It is shameful to me that our government would do this.

      --

      -Turkey

    9. Re:Jesus by RobertLTux · · Score: 1

      yes folks thats the smell of my karma burning

      Personally I think that these "little miss" pagents are a greater threat to children than this kind of thing

      truthfully a girl should be able to eat sing dance and PLAY as she sees fit (with a P90 bearing adult standing guard) and not have to worry that she won't be able to fit her next $30.000.00 dress (aside from the fact that a few of those things are paedo gateways).

      I think that having zones where kids can be kids (and things are monitored so that is doesn't become a paedo buffet) would be the sanest thing to do.

      oh and i think the judge should be slapped and the charges dropped

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    10. Re:Jesus by Anonymous Coward · · Score: 0

      How do I just know you are a btard?
      I mean "how i recognized anonymous"

    11. Re:Jesus by Iron+Condor · · Score: 4, Insightful

      Let's look at the numbers of teen pregnancies right now, shall we? It is the other side of the equasion you are presenting, after all.

      No, it is not. To the contrary.

      When I was sixteen, my mother made sure that there were condoms in the house and that I knew where they were. Of course that wasn't in the US. And of course where I come from teen pregnancy is an issue that people mostly read about on the internet, not something that happens a whole lot to real people.

      As long as people like you pretend that folks need to be treated like they cannot be held responsible for themselves, people will act irresponsibly. Allow them to take responsibility and they will gladly accept it -- and be much better people for it.

      --
      We're all born with nothing.
      If you die in debt, you're ahead.
    12. Re:Jesus by penix1 · · Score: 4, Informative

      It goes far beyond that. Remember, these kids not only have a criminal record but by law they must register as sex offenders and be tracked the rest of their lives. Publicly humiliated by having that tracking posted to the Internet and never get a job because of it especially if that job is anywhere near other kids...

      It does raise an interesting quandary though. Now that they are sex offenders, does that mean they are restricted from going to school?

      B.

      --
      This is a sig. This is only a sig. Had this been an actual sig you would have been informed where to tune for more sigs.
    13. Re:Jesus by Anonymous Coward · · Score: 0

      lawlz

    14. Re:Jesus by Anonymous Coward · · Score: 0

      >:3

    15. Re:Jesus by Courageous · · Score: 1

      Unfortunately, that legal cut-off age is 18....

      You think there is some federal law on the matter. There isn't. This varies state by state.

      Suggest you try this google search:

      "age of consent" "by state"

      As for your assertion that they should "face the consequences," it is doubtful that they "broke the law" in normal sense of jurisprudence, where for any law above infraction the law is and always should be judged according to its intent. The purpose of these laws is to prevent minors from being exploited.

      C//

    16. Re:Jesus by sparkz · · Score: 1

      Speaking as a parent of young children, I feel (scrub that; I *know*) that it is my responsibility to guide their "online" life, just as it is my responsibility to guide their "physical" life. My job is to provide them with the tools they need to get through their own life. I hope not to sound like some kind of martyr by saying that their lives are more important than my own; it's hard to explain to a non-parent. I intend to block certain stuff (as I am able), but more significantly, I shall explain to my children that the net isn't just about pretty cartoons of "Bob the Builder". They will know not to disclose personal details, etc, over the internet. However, if my daughter was 17 years old and chose to send a "racy" picture of herself, to her boyfriend, then I have to admit that I believe that she has a right to do so, but that it is my responsibility (as her father) to ensure that before she does such a thing, she understands that posting a digital image, by email or otherwise, may live with her forever. That is a fact which the current generation must live with. It, in itself, is something that parents need to teach their children (whether they understand it or not); If a teen posts something unwise on MySpace or whatever. do they really understand how that mmay be retained? Do their parents even know that it happened at all? It all comes down to parenting, whatever "this generation's" issue may be: rock'n'roll is Evilm dontchaknow?

      --
      Author, Shell Scripting : Expert Re
    17. Re:Jesus by j-turkey · · Score: 1

      I think that it's sad that we're such freaks about sex. I really hope that these kids somehow get this thrown out. Maybe this girl made a bad decision, but this is just dumb.

      --

      -Turkey

    18. Re:Jesus by PopeRatzo · · Score: 5, Interesting

      Parents are notoriously bad at knowing what's their business.


      Thank goodness. I've met enough kids whose parents "mind their own business" and they end up really eff'ed up. Part of being a parent is sticking your nose in your kids' beeswax. It's called "caring".

      I had a policy with my daughter. I let her know when I was "snooping" (such as calling her friends' parents to introduce myself when she was going to spend the night, or stopping by her school to make a pest of myself). Never did anything like that behind her back. And you know what? She was cool with it. I didn't have to sneak around and read her diary or collect the hair from her brushes to check for drug traces (those tests were just coming out then). And she knew that I cared enough to try to protect her, even though we both knew I couldn't protect her from everything.

      I made myself part of my daughter's life (as did her mom, my wife). I also let her know that I loved her more than the oxygen I breathe. Then, I rolled the dice. If she did something stupid, I explained to her why it was stupid, and her mom made sure to talk to her about sex early enough (and believe me, her mom knows sex). Occasionally, when she'd bring a boy home, I'd happen to be cleaning my collection of combat knives or demonstrating my dog's attack training. Now my girl is 18 (for another week or so) and has never been pregnant and there are no visible track marks or bruises. Most of it was luck, but I have never regretted making myself part of her world. It's too easy to just be passive and too absorbed in my own world and then I'd have to leave it up to chance to make sure she makes it to 18 without too much damage. I couldn't live with that, so I did it the way my parents did it, and it turns out they weren't as stupid as I thought. Like the old saying goes, "my parents got smarter as I got older."

      Now that I got that out of the way, some prosecutor needs a stern talking-to for going after two 18 year-olds trading cheesecake photos. He probably never played doctor or got any himself, so now he doesn't know his pecker from his elbow, but he's got the statute memorized. We need to have much smarter people than are currently involved in the justice system for minors. We've got way too many young ones who are having their lives messed up with brushes with the legal system, while a whole bunch of at-risk kids get ignored. "Getting tough" was never the answer and "zero tolerance" is for manufacturing quality control, not dealing young humans.
      --
      You are welcome on my lawn.
    19. Re:Jesus by vux984 · · Score: 1

      Allow them to take responsibility and they will gladly accept it -- and be much better people for it.

      Thing is PARENTS need to teach kids responsibility by giving it to them, not SOCIETY.

      Your parents made you responsible for your behaviour, and you stepped up to the plate. And that is as it should be. But if you'd fucked up, your parents would be responsible for dealing with it, meting out consequences to you, educating you, and so forth. And that is also as it should be.

      The point is, for young adults, I agree they need to be treated like they can be held responsible for themselves, but its their parents that should be treating them like that, and society should defer to the parents handling of it.

      Essentially, as young adults, you are on a learners permit to be an adult. You get to drive, but you are on their insurance, and they are responsible for what heppens. Parents should be using this stage to give you lots of driving practice, while teaching you, correcting you, and helping you avoid mistakes.

      And unlike driving, where you take a test before you can drive on your own, with life, you hit 18 and you get an automatic pass ready or not... hopefully your parents got you ready.

      Far too often parents don't or can't parent effectively and we as society should be looking to address that problem, rather than to simply assume responsibility for raising the kids directly, because society does an even worse job of that then parents do.

    20. Re:Jesus by Anonymous Coward · · Score: 0

      We're not freaks about sex; religous idiots are freaks about sex, and we suffer for it.

      Go ahead and mod me flamebait--you know that you secretly agree that religion appeals only to those who lack the ability to think rationally.

    21. Re:Jesus by Breakfast+Pants · · Score: 1

      Should kids get a criminal record for every dumb thing they do? Since criminal records get expunged when you turn 18, these kids won't get one. What is your point?
      --

      --

      WHO ATE MY BREAKFAST PANTS?
    22. Re:Jesus by Cryptnotic · · Score: 1, Insightful

      They've been saying that for years. And they've been doing more and more sex education for those years. Every young girl who's having sex knows what a condom is, knows what it does, and knows that it's a good idea to use it. However, young teenagers are also notoriously irresponsible, so they routinely throw caution to the wind. Some people say that we should try to stop teens from having sex (the abstinence movement). Others say that we should do more sex education. The real solution is that we need to teach teenagers to be more responsible.

      --
      My other first post is car post.
    23. Re:Jesus by LordOfTheNoobs · · Score: 1

      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
              - Elizabeth Cady Stanton

      --
      They're there affecting their effect.
    24. Re:Jesus by BakaHoushi · · Score: 1

      Actually... I'm a 4channer, but not a /b/tard. I'm more of a /c/ patroller.

    25. Re:Jesus by Wonko+the+Sane · · Score: 5, Funny

      We're not freaks about sex; religous idiots are freaks about sex, and we suffer for it.

      It's harsh to say it, but when stories like this come up I start thinking that maybe the world would have been better off if the Romans hadn't run out of lions.
    26. Re:Jesus by Anonymous Coward · · Score: 0

      I don't really understand a sexual age of concent of 18 in the uk it is 16 marrage is even possible at 16 if parents consent otherwise 18.
      Drinking its 18 and driving cars from 17 I think you can join the armed forces at 16 too.

      I think the armed forces is 16 in the US.
      It's a strange set of laws that consider it legal to kill but illegal to love if your below age 18

      some countrys go even lower with the age of concent but wisely take age into account.
      It just seems wrong to me to classify two young adults as sex offenders.
      now that is immoral

    27. Re:Jesus by 644bd346996 · · Score: 2, Insightful

      Teaching teenagers how to be responsible is very very hard. Neurologically speaking, it is always an uphill battle, and frequently only time can impart wisdom. When you consider that most parents don't have the time or willpower to be tough when they should, it is hardly surprising that teen pregnancies are so common.

      But back to that kind of teaching being hard: of the several teenage Eagle Scouts I know, only one is currently capable of getting along in life independently, and barely (his cooking is pretty bad). Also related to scouting, it is very interesting watching a very mature 13 year old become a raving pyromaniac for a few years, and then go back to being a respectable young man and often a good leader. In most cases, if you can get a kid through the teenage years without too much legal trouble and no bad car accidents, they will end up fine, and it can be hard to imagine the person as they were during the wild teenage years.

    28. Re:Jesus by Wansu · · Score: 2, Interesting


        As an aside, if our laws become so draconian that it's impossible to not be a criminal in some way, might that encourage people to just become rapant law breakers? When you can't win, why try?

      Amen. We'll soon end up with half the country guarding the other half.

      Draconian laws aren't the only problem. Over zealous prosecution is an equal contributor. Today's careerist prosecutors are judged by their conviction rates. There's no telling how many people are railroaded by the Mike Nifongs in our criminal justice system.

      --
      Wansu, th' chinese sailor
    29. Re:Jesus by DataBroker · · Score: 1

      You point out that 18 is an arbitrary age. The only reason that I can really say that age 18 has any real importance is that by that age both males and females have been exposed to and given some time to begin controlling their own hormones.

      IMO the laws apply to teens only in that you do not want someone (40 year old man) taking advantage of teen (16 year old girl) hormones to get his way. To rephrase, the laws are designed to prevent a mature person from taking advantage of an immature person,

      The problem we're all having with this instance of enforcement is that neither party is mature. It's just a couple of horny kids fumbling around. Taking my initial assertion, the laws shouldn't apply here because neither party is mature and taking advantage of the other.

      As a personal aside: I should register as a sex offender myself. Statuatory rape (with my now wife of umm... a long time). As you pointed out, I knew it was against the law and should face the consequences. I really doubt that my wife (nor kids) would agree with you though.

    30. Re:Jesus by ckedge · · Score: 2, Insightful

      What the FUCK is wrong with you!!!

      You're such a zelous anti-sex absitnence religious nut that you think locking boys and girls who see each other naked in prison for 10 years and ruining the REST OF THEIR ENTIRE LIVES by putting them in a database of sex offenders ... IS REASONABLE!!?!?!

      When I was 16, I could see myself naked. When a girl is 15, she can see herself naked. When a 15 year old boy and a 16 year old girl get together - they can see each other naked - and there's no way in hell that should be THIS illegal!!!

      Yes somewhere between 16 years of age and 6 years of age there needs to be a cut-off.

      If you want to prevent old men from raping young people, fine. If you want to make it illegal for old men to exploit young people by dealing in child-pornography - fine. But there's no way in hell a 16 year old taking a picture of himself or herself should be illegal. Yes maybe it should be a tiny bit illegal if they distribute it to anyone else. But not "ruin the entire rest of your entire fucking life" illegal. If anyone else distributes that picture, that's right back to full blown child-porn illegal.

      FFS - this is why you need Supreme Courts - to put the totalitarian nazi's back in their fucking places. 16, 26 - CITIZEN WITH RIGHTS. Maybe not full rights, but this is stupid simple shit.

    31. Re:Jesus by Trepalium · · Score: 5, Insightful

      Wrong. Abstinence only sex education has become more and more popular in recent times, and specifically excludes all discussion of condoms and other forms of birth control. The rational for the program is that "traditional" sex education encourages these children to become sexually active, so not talking about contraception and instead focusing on pleading with the children to abstain from sex has become what the program has become about instead. Frankly, the "education" from these programs is worse than no education at all, because not only does it fail to provide the children with any useful information, but also gives them something to rebel against. I have the distinct feeling that the support these programs get is less about education and more about social engineering via propaganda than anything else.

      --
      I used up all my sick days, so I'm calling in dead.
    32. Re:Jesus by Ranger96 · · Score: 1

      I'm right there with you, except for the "then I have to admit that I believe that she has a right to do so" part. My house, my internet access, my rules. When my daughter is 17 and wants to send a "racy" picture of herself to her boyfriend, then I'll have to admit that I've failed my job of instilling moral values. At that point, it will be more about acceptable use policies (mine).

      --
      What has been will be again, what has been done will be done again; there is nothing new under the sun.-Ecclesiastes 1:9
    33. Re:Jesus by bhiestand · · Score: 4, Insightful

      Should kids get a criminal record for every dumb thing they do? Since criminal records get expunged when you turn 18, these kids won't get one. What is your point? I'll respond, even though that's an idiotic thing to say. Even if these kids don't have to register as sex offenders, and their records get "expunged", the records still actually exist. If they ever try to get a security clearance, which is required for a lot of cool jobs, they will have to explain their convictions of child porn peddling.

      Of course, even if there wasn't a single reason for them not to get a criminal record your argument of "Why shouldn't they?" would not give any credence to the idea that they should.
      --
      SWM seeks new sig for a brief fling
    34. Re:Jesus by westlake · · Score: 1
      At 16, is it really that big a deal if two people saw each other naked? Even if it is a "mistake.

      The kids weren't charged for "seeing each other naked." The kids were charged for exchanging sexually explicit photos by e-mail. There is a difference and it is a difference that matters.

      It is some years back now, but I remember copies of posts like these being accidentally directed to my account. I was innocent enough then to be surprised by such trust in the technology.

    35. Re:Jesus by Anonymous Coward · · Score: 0

      BS. A friend of mine works in the local PD's records dept, and was able to read off word for word the statement I made concerning a misdemeanor (at age 15). This was done when I was 21. The record is still there, and it doesn't even have a piece of tape over the edge. In the computer it has a tag saying COMMITTED WHILE A MINOR or something similar (forgot the exact wording), but shit sticks with you for the rest of your life. Nowadays you can't afford to just "be a kid" and screw around.

    36. Re:Jesus by ozborn · · Score: 4, Informative

      The teenage pregnancy problem is because of lack of sex education.
      Considering that teenage sex and pregancy was the norm for most of human history I'd say the problem has more to do with society being unable to turn teenagers into financially viable and independent adults until long after they are sexually mature.

    37. Re:Jesus by EonBlueApocalypse · · Score: 1

      What the hell are you talking about? For one, they are not kids for ever and are able to take as many pictures as they like once they hit 18 which would be a year or two when this whole thing started for them so yeah I guess thats a big lesson. Two, I seriously doubt they thought or even realized the laws or consequences. I'm not sure if you remember what it's like to be a teenager but many of them often don't consider laws/rules and consequence of there actions in certain situations. Lastly how could you blame the parents? I don't remember hearing of very many cases of teens getting prosecuted for taking pictures of them selfs before this, it may start to become an issue parents talk about to their children but I'm pretty sure it wasn't before.

    38. Re:Jesus by Stewie241 · · Score: 1

      But the issue in discussion isn't the loss of virginity... it is the sending of photos over the Internet that is the issue... Something that could potentially have repercussions that are quite serious. For any of the reasons stated in TFA, what if the photo ended up in the wrong hands? How would the 16 year old girl feel when she walked into school to find pictures of her self pinned up all over? The point is that this wouldn't even be that difficult... as was mentioned... what happens when they break up? Can she trust the guy (or he trust her) not to use the photo for mal intent?

    39. Re:Jesus by king-manic · · Score: 1

      They've been saying that for years. And they've been doing more and more sex education for those years. Every young girl who's having sex knows what a condom is, knows what it does, and knows that it's a good idea to use it. However, young teenagers are also notoriously irresponsible, so they routinely throw caution to the wind. Some people say that we should try to stop teens from having sex (the abstinence movement). Others say that we should do more sex education. The real solution is that we need to teach teenagers to be more responsible.

      The teen pregnancy has been decreasing for years. It seems education is working.

      --
      "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
    40. Re:Jesus by BakaHoushi · · Score: 2, Informative

      What's your point? The above posts, including my own, state quite clearly that doing this was a mistake. And perhaps, someday, she would be embarrassed. And all that jazz.

      The question is why should they be tried for CHILD PORNOGRAPHY? I'm entirely serious. These laws are designed to prosecute people who rape children. Taking a photo of yourself and e-mailing it to someone is HARDLY comparable.

      Even IF it ended up in the wrong hands (And that's nota big deal to me. Child pornographers want pre-pubescent girls. Not "just technically a minor, but barely."), shouldn't we be blaming the guy who steals these photos? Blaming the girl is like blaming a car-jacking victim for leaving a car unlocked, or a mugging victim for having her wallet out in the open.

    41. Re:Jesus by lmpeters · · Score: 1

      Taking pictures of themselves nude when underage can indeed lead to the wrong people getting hold of those pictures.

      By your logic, we should ban the unregulated sale of kitchen knives, since it can lead to the wrong people getting hold of those knives.

    42. Re:Jesus by lmpeters · · Score: 1

      Religion appeals to lots of people who can think rationally--Carl Sagan, for example. The difference is that someone who can think rationally would not try to force his/her own religious views onto others.

      Hence, it is irrational religious people who are harmful to out society, not religious people in general.

    43. Re:Jesus by Anonymous Coward · · Score: 0

      Records don't get expunged - they get sealed. Big difference. I think the Patriot Act allows them to be opened without either your consent or a court order as long as some agency can claim it's terrorist related. I know mine is still out there as I had to sign to allow it to be reviewed.

    44. Re:Jesus by imthesponge · · Score: 1

      What you're forgetting is that they don't have to be prosecuted. They could be instead required to get counseling or psychatric help. Don't you think that's a better solution? I would compare it to suicide. Suicide is illegal, but we don't throw people in jail for attempted suicide, we make them see a shrink.

    45. Re:Jesus by Frozen+Void · · Score: 2, Insightful

      How much rational people can get from believing in invisible gods that run the show?
      Psychotic devotion and complete faith in stories with very dubious origins centuries ago.
      Nothing rational.Thats what true "religion" is:a glorified mass cult.

    46. Re:Jesus by epee1221 · · Score: 1

      Or because of too much sex education. Someone being taught how to do something is now going to go out and do it are they not?
      Do you seriously think they wouldn't figure it out on their own? You can work on trying to keep kids from learning about sex. I'll make a documentary about it. I think I've got the perfect background music for it.
      That said, I grew up with a pretty liberal sex education program, and have never heard of people being taught how to have sex (outside of strawman arguments, of course).

      Not to mention that we give them an endorsement, a condom, to go out and do it while being protected.
      So do you think having condoms increases the teen pregnancy rate?

      Remember, pregnancy rates are generally higher where "abstinence-only education" is practiced.
      --
      "The use-mention distinction" is not "enforced here."
    47. Re:Jesus by gordo3000 · · Score: 3, Interesting

      uh, generally it was a teen girl paired with a much older, financially responsible man. It just happens that in teh last 50 years, most of the world has rebelled again a 14 year old girl getting married to a 25 year old guy. The girl still isn't/wasn't a viable, independent financial entity but she does have a husband who is/was theoretically at that level.

      so you're kind of comparing two different social structures.

    48. Re:Jesus by Redlazer · · Score: 1
      I agree with you, but the government knows least of all.


      -Red

      --
      Guns don't kill people, "with glowing hearts" kills people.
    49. Re:Jesus by bacon55 · · Score: 1

      Don't like saying it but you're only protecting her from the guys who aren't so subtle - sneaky if you will.

    50. Re:Jesus by lukas84 · · Score: 1

      Someone being taught how to do something is now going to go out and do it are they not? There's no problem with teens having sex with other teens - The problem starts when they don't use condoms.

      What do they have to lose especially when we say that the condoms will even minimize the chance of pregnancy? Not much. They gain life experience. See, the human body has certain properties. Biologically, most women are able to start getting pregnant from 11 to 14. No matter if you believe in the Evolution Theory, or the Young Earth story - this means that this is "by design".

      Abortion kills. Well. No. Killing implies sentience.

      You will never be able to stop kids from talking to each other to spread how great sex is That's why we should make them aware on how to minimize risks. Sex is very important in todays society. Kids have to be taught why and how they should have responsible sex - and there's nothing wrong with having that.

      Of course there's also a risk associated with having sex with a condom and the pill - you can still get pregnant or get aids. But the risk is minimal. You can also get hit by a car if you walk the street with green lights - but you still walk streets, don't you?

    51. Re:Jesus by Knuckles · · Score: 1

      This site will not bring you love, but if you are just interested in a quick fuck it gives valuable input. Make sure to read with an open mind (i.e., don't overlook some of the advice because it is inconvenient, such as "make sure your body is in reasonable shape")

      --
      "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
    52. Re:Jesus by PopeRatzo · · Score: 1

      Don't like saying it but you're only protecting her from the guys who aren't so subtle - sneaky if you will.


      I was a playa myself before I got married. Having a daughter was my punishment, but it also has given me extra-sensory perception when it comes to young men who are dogs.

      For them, an honest conversation about how important my daughter is to me, a reminder of my partial Sicilian heritage, and simple death threats usually work. And if they don't work, well, I'm not too far from a forest preserve where there's some nice, soft soil. Capisce?
      --
      You are welcome on my lawn.
    53. Re:Jesus by ElleyKitten · · Score: 2, Insightful

      Yes, making and sending those pictures will have consequences, but that's no reason to make even worse consequences for them. Sending her to jail will do nothing to prevent those pictures from going up all over school. Sending her to jail will probably not even prevent other girls from doing this, because if you're too dense to think that maybe your boyfriend will show all his friends when you break up then you're too dense to think you'd go to jail. If the police left them alone, they'd learn the consequences. It wouldn't be nice, but if you can't protect teens from the consequences of being dumb then you at least shouldn't make them much much worse.

      --
      "What is Internet Explorer 7? Are you saying we can't access the normal internet?" - I love tech support. Really.
    54. Re:Jesus by grimJester · · Score: 1

      Occasionally, when she'd bring a boy home, I'd happen to be cleaning my collection of combat knives or demonstrating my dog's attack training. Now my girl is 18 (for another week or so) and has never been pregnant and there are no visible track marks or bruises. Most of it was luck,

      Let me be the first to say W-T-F??? You threaten your daughter's boyfriends with knives and attack dogs and pat yourself on the back for managing to keep her non-pregnant? No shit, Sherlock! What do you think the odds are of girls with parents who don't polish their M-16's in front of their fiends getting pregnant? Does your daughter even have friends anymore?

    55. Re:Jesus by mpe · · Score: 1

      Speaking as a parent of 7 and 5 year olds, when they are 15 and want to send naked pictures of themselves to their 'friends', it will be MY business. Especially since law enforcement has decided (wrongly) that it is their business as well.

      How exactly did this end up in court. It's hardly unknown for parents to decide that it is law enforcement's business. Especially if they disapprove of the child's friends (or even the parents of their friends).

    56. Re:Jesus by Anonymous Coward · · Score: 0

      Death threats, overprotectiveness, and blatant snooping, from a former "playa" who considers his daughter a punishment. Gosh, your daughter is lucky to have such a great father.

    57. Re:Jesus by mpe · · Score: 1

      Let's look at the numbers of teen pregnancies right now, shall we? It is the other side of the equasion you are presenting, after all. In 2002, for example, the teen birth rate was 43 out of every 1000 women aged 15-19.

      This is presumably the figure for the USA. Thing is that this rate varies greatly between countries. So it might be very instructive to examine how things differ between countries with a high rate and a low rate. IIRC "First World" countries with low rates of teenage pregancy tend to have comprehensive sex education (including sex education for prepubescent children) and fairly low ages of consent. Whereas those with high rates tend to have poor (or even non existant) sex education and fairly high ages of consent.

    58. Re:Jesus by mpe · · Score: 1

      Unfortunately, that legal cut-off age is 18. Not 17, not 16, not 15. Yes, it is an arbitrary age,As is the age of consent. Looking at these would imply that US teens are judged to very much less mature than those in either Canada or Mexico.

      Parents can be held liable for the actions of their underage children. Should some precocious 15 year old girl be allowed to legally decide that she wants to get into porn, just because SHE thinks she is old enough?

      Are there no cases of 15 year old Americans being legaly emancipated? It isn't exactly that long ago that 15 year olds would have been considered legal adults.
      If you really want to open a can of worms, what if she is Jewish (or from some other ethnic group with it's own established rules on what makes someone "adult")?

      So what happens if teens are allowed to make their own decisions? Why shouldn't parents be allowed to kick them out of the house to go and make their own way in the world at that time? Why should parent's have to pay for the teens mistakes, if the teens are allowed to just do whatever pops into their little undeveloped minds?

      The whole "teens" issue is due to having a population of people who are physically adults (which includes having sexual desires) whilst being legally children. Whilst the age of physical maturity has been going down, due to the virtual elimination of malnutrition, the legal concept of "age of majority" has been going up. Less than a century ago a 15 year old might well be consider "adult" even if he or she was not physically mature.
      There is no way that modern people of that age have "little undeveloped minds" as a matter of biology.

      Just how many grandparents are raising their grandchildren, because the moms and dads are not remotely mature or old enough to raise their own kids?

      Possibly they didn't know about contraceptives or sexual activities unlikely to result in pregnancy (which include sending "Racy Photos").

      This is what allowing unfettered exploration of sexuality leads to. it isn;t about keeping kids down and not allowing them to do fun things. It is an attempt to teach them some measure of being responsbile.

      Thing is that high teen pregnancy rates appear to corrolate more with repression of sexuality and its exploration.

    59. Re:Jesus by thc69 · · Score: 1

      Let's look at the numbers of teen pregnancies right now, shall we?
      Wow, I didn't know that sperm can be emailed...

      These kids got caught breaking the law. They knew it was against the law.
      What makes you think they knew that it was against the law? I would never assume that any picture of myself (not engaged in an illegal act -- I'm sure that it's not illegal to be naked, or to masturbate, or whatever they were doing in the pictures) in a private communication is illegal.
      --
      Procrastination -- because good things come to those who wait.
    60. Re:Jesus by Anonymous Coward · · Score: 0

      By your logic, we should ban the unregulated sale of kitchen knives, since it can lead to the wrong people getting hold of those knives.
      That may have been intended to be an absurd proposition, but where I come from it is already illegal for under-16s to buy kitchen knives.
    61. Re:Jesus by mpe · · Score: 1

      The teenage pregnancy problem is because of lack of sex education.

      Or the lack of a comprehensive and accurate sex education. As with "drugs education" most children are able to spot when they are fed propaganda, thus doing so is the easiest way to ensure they will ignore whatever is being said...

      You'd need to talk plain text to these kids at an appropriate age (12 or so),

      12 is probaby "too old" to start (especially with girls) since some of the students may be physically mature.

      about what sex is, what can happen, and how to prevent problems which might arise when having sex, like pregnancy, STDs, etc.

      The really difficult thing is how do you do this without pushing an adgenda. Especially politically correct ones such as "monogamy is best", "heterosexuality is best", "fewer partners are best", etc.

      In fact, i don't see teenage pregnancy as a big risk.

      There's every reason to think that were countries such as the US and UK to adopt an approach of good (factual, for all students, without political and religious adgendas, etc) sex education (starting at primary school level) possibly combined with a lowering of age of consent (which has the effect of making having sex no longer a statement of "teenage rebellion") rates of teenage pregnancy would actually be lowered.
      From the ideal of teenagers rebelling against authority the "abstinence-only" meme currently being pushed in the US is probably about the stupidest thing it is possible to do.

    62. Re:Jesus by vinlud · · Score: 1

      It's all about sexual education, compare the numbers for example between The US and my country, the Netherlands (http://en.wikipedia.org/wiki/Teenage_pregnancy)

      --
      Repeat after me: We are all individuals
    63. Re:Jesus by mpe · · Score: 2, Insightful

      The GP's point was not that they were making good decisions, it was that their bad decision was inconsequential (it was that great line about dropping a can of fruit on your foot). Seriously, you need to analyze this. Should kids get a criminal record for every dumb thing they do?

      Especially considering that similar aged people who have done much more harmful "dumb things", e.g. caused serious (even fatal) injuries to innocent bystanders through incompetent operation of motor vehicles, encountering less serious consequences from the criminal justice system.

    64. Re:Jesus by mpe · · Score: 1

      The point is that they are being prosecuted in a manner that is inconsistent with the intent of the law (and, while IANAL, the minority opinion supports this).

      Though the "intent" of the law may be rather complex. One thing which isn't clear from the original article is if the original court case involved a jury...

      These are laws that are designed to prosecute people that prey on children. When we move into post-pubescence, though we often encounter a host of different problems (and part of the problem behind failing to legally distinguish between pedophilia and ephebophilia

      Someone who does not fit the definition of "ephebophilia" might well be attracted to someone young. Especially in a culture youthfull looks are considered attractive.

      is this a relationship between a teen and an adult and generally considered to be the case that the teen knows what they're doing

      Maybe the teen's orientation is towards people older than (usually) herself.

      This would be tantamount to prosecuting a 17 year-old for owning a naked picture of himself. If he looks at himself naked in the mirror is he getting a hot one-on-one live sex show?

      There are plenty of places, even those where the age of consent is 17 or lower, where according to the letter of the law such a person would be "making child pornography" were they to create a photograph of themselves naked.

    65. Re:Jesus by Anonymous Coward · · Score: 0

      Great thinking. Let's send them to juvenile detention for having under aged sex. Let's also make illegal to sell condoms to minors.

    66. Re:Jesus by Khyber · · Score: 2, Insightful

      "So what happens if teens are allowed to make their own decisions?"

      We finally learn the harsh realities of life and GROW THE FUCK UP, thank you very much. I was homeless at 16 with my father - you think I didn't have to make a decision for myself and my family to do what was necessary to ensure our survival? You're damned ignorant if you think otherwise, because my father was too distraught and 'shell-shocked' to do much other than wallow in self-pity.

      Back in the founding days, a man was considered a MAN the moment he was able to reproduce, and sometimes EVEN YOUNGER (given the death of head of household.) Remember, our founding fathers regularly had women far, FAR younger than themselves. 40 year olds marrying 14 year old women. Yet in this day and age - oh, NO! Think of the children!

      Teenager = old enough physically to reproduce. We were designed this way, there's no reason for a law to restrict us in regards to how the fuck we were naturally created. There is no reason, whatsoever.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    67. Re:Jesus by canadian_right · · Score: 1

      Teen pregencies are at there lowest rate overall in the USA for a long time.

      The two teens in question did not decide to "get into porn" they sent each other "racy" photo's. The child-porn laws should have included an exception for this behaviour. Where I live the age of consent is only 14 years. It is going to be raised to 16 to make it easier to prosecute pedophiles, but the new law will explicitly include provisions that make sure horny teenagers do not get caught be this law. Basicly the law will include an exception for anyone that is within 5 years age of each other. Where I live people are rational about sex. We accept that teenagers do have sex, even if it may not be in their best interest. When we write laws we make sure that we do not criminalize normal teenage behaviour.

      I am the parent of 3 teenagers. As the kids reached the appropriate age we have a frank talk about sex and birth control. I am very explicit so there is no confusion on how women get pregnant and how birthcontrol works. It is a bit embarassing for the kids, but it is important to make sure the kids are informed so that they do not make mistakes out of ignorance. I encourage my kids to hold off on having sex until they are older, but I also make sure they know there is nothing "dirty" about sex, that sex is normal healthy part of an adult's life. I emphasize the adult part. Follow up talks take place as the kids get older. I don't want to be a grandparent, and I don't want my kids to be parent when they are too young.

      Teens WILL make their own descisions. Making them criminals for these harmless mistakes is not in the childs best interest. Society and parents should try to teach and lead youth, not bludgeon them over the head.

      Parents do kick their kids out for being pregnant, but I think this is appalling behaviour. The kids should take responsability for their actions, but a good parent should still help their kids out.

      Unfettered sexual exploration only leads to pregnancy if the kids are brought up ignorant of simple fact like how conception happens, and how birthcontrol works. Yes, teens can be clueless, they will ignore good advice, but they have no chance of making good decisions without good information.

      Making these two kids criminals is a bizarre miscarriage of justice. Only a society that is completely screwed up on the subject of sex could do this.

      --
      Anarchists never rule
    68. Re:Jesus by canadian_right · · Score: 4, Insightful

      Abstince only sex education makes as much sense as removing seatbelts from cars because the seatbelts will encourage speeding.

      --
      Anarchists never rule
    69. Re:Jesus by bvdbos · · Score: 1

      Of course the legal age is 18 (though in many countries it's 15 or 16, it depends on the hypocrasy of the inhabitants mostly). So let's assume they made a mistake, it's then up to the parents to show them the "right" way, to punish them if necassery. It's not up to the courts to make a case against them, even if formally they were breaking the law. I doubt they were aware of this but as every citizin, even minors should know the law... In other words: your story is *$##$%$#$.

    70. Re:Jesus by bvdbos · · Score: 1

      Indeed you might have failed but of course this isn't the same as your daughter being labeled as a sex-offender for the rest of her live. Perhaps you didn't teach her the dangers of doing something like sending a photo but should she be punished for something which is innocent in it's nature...

    71. Re:Jesus by Anonymous Coward · · Score: 0

      You have a good point. I have a feeling that many teenagers wouldn't mind occasional scrutiny if their parents didn't attempt to conceal their efforts.

    72. Re:Jesus by chumpboy · · Score: 1

      Sex education, as taught by anyone outside of the home, is a joke.

      Parents simply need to be responsible for the upbringing of their children. Why do we need to have sex ed. in schools? Because parents are too cowardly to speak of things or remember what parenting is really about - taking care of their children.

      Bottom line - Personal Responsibility - If you're going to have a child, you should try it.

      --
      I'm not prejudiced. I hate everyone equally.
    73. Re:Jesus by mdwh2 · · Score: 1

      Whether it's your business or the teenager's - it shouldn't be the Government's business.

      Also remember that the people in this case were 16 and 17, and having sex was entirely legal - it's taking a photo which made it a criminal offence.

    74. Re:Jesus by mdwh2 · · Score: 1

      I don't really understand a sexual age of concent of 18 in the uk it is 16 marrage is even possible at 16 if parents consent otherwise 18.
      Drinking its 18 and driving cars from 17 I think you can join the armed forces at 16 too.


      Agreed it's more sense at 16 - but note that even in the UK, 16 or 17 year olds taking photos would bizarrely still be treated as child pornography (in 2003, the age for child porn was raised from 16 to 18).

      The Government wants to make possession of photos of yet more kinds of sexual acts illegal, even though the acts themselves are legal, and this time involving consenting adults, with its proposed "extreme porn" laws (see my sig).

    75. Re:Jesus by jforest1 · · Score: 1

      unless, of course, you view an unborn child as a person.

    76. Re:Jesus by An+Onerous+Coward · · Score: 2, Insightful

      I applaud you on putting forward a truly mind-bending thought. It took me a surprisingly long time to recognize that I mostly agreed with it.

      But I don't see a good solution to the problem, because the biggest problem is that modern society is just so friggin' complex, that there is no way to educate a fifteen year old in such a way that he/she has a good shot at succeeding in a way that we commonly think of as "independent". Once we've taught them the sort of basic maturity that can allow them to value their own long-term interests and the interests of others (a sometimes impossible task), we still have to teach them a laundry list of knowledge and skills: basic household and auto repairs, how to do their taxes, how to balance a checkbook, how to pay their bills, how to plan and shop for and prepare nutritious meals, how to clean up after themselves, how to manage their time, how to use the Internet, how to drive safely, how to be responsible and effective at their chosen occupation, etcetera, etcetera, etcetera. Again, that's assuming that the desire to be an honest, hardworking, successful person already exists.

      Without restructuring of society to abstract away all the tricky bits, it's more than even the most astute teenager can be reasonably expected to handle.

      So, we're faced with the problem: How do we protect them from the consequences of their actions until they've learned enough to manage all of life's various risks, without impeding their maturation, while respecting their autonomy.

      The abstinence-only crowd has one solution: teach them not to do the things that would cause these negative consequences. Don't have sex. It's a simple approach, easy to comprehend. But the bankruptcy of that approach is revealed when you start asking advocates about the exceptions. What happens to those who don't get the message? The more I study their reactions to that simple question, the more clearly I think I understand their conception of the world. They are the "good" people, with a message that other "good" people will accept and act on. If the message is taught loud and long enough, all the other good people will avoid sex before marriage. The rest of them, the ones who don't heed the message, are seen as either acceptable collateral damage or bad people who deserve all the misery and suffering life can offer.

      Sounds harsh, yes. But when I see conservative, religious folks getting fighting mad because somebody wants to take some very simple, very effective precautions to reduce a consequence of "inappropriate" sexual behavior, what else can I conclude? Take the recent insanity over the new HPV vaccine. HPV is an STD that a majority of women will contract at some point in their lives, which is known to raise the risk of cervical cancer. Several states are working on laws that would use the education system to deliver the vaccine to young people. Critics of these plans say that we mustn't carry them out, because vaccinating a sixth grader is tantamount to telling them that it's fine for them to be having sex.

      It seems that the goal of reducing the amount of sexual activity is more important to such people than protecting kids from the harm these kids could inflict on themselves through their behavior. It's like saying that we shouldn't disarm some of the mines in a minefield, because people would be more likely to walk through it.

      The alternative is to protect kids from the potential consequences of risky behavior, as the proponents of comprehensive sex ed suggest. The criticism of that position is usually of the "if we remove all consequences to their behavior, then how will they learn?" It's a strong argument in many other domains. The argument is weaker in the case of sexual activity, because most of the consequences of sexual activity can be minimized or eliminated, leaving an exciting and pleasurable activity in its wake. What they really seem to be asking is, "if our children can engage in consequence-free sex, what leverage do we have in our ques

      --

      You want the truthiness? You can't handle the truthiness!

    77. Re:Jesus by PopeRatzo · · Score: 0, Flamebait

      I didn't think I'd have to explain the hyperbole in my original post, but I guess there are some pretty literal-minded (which is a polite way to say "stupid") people around here. I guess I once again overestimated the intellect of the people who read this site (or maybe just the Anonymous Cowards).

      I will continue to overestimate your intelligence out of sheer generosity, being somewhat moved by the teachings of Christ.

      --
      You are welcome on my lawn.
    78. Re:Jesus by Anonymous Coward · · Score: 0

      Parents are notoriously bad at knowing what's their business.


      Are you referring to circumcision?
    79. Re:Jesus by StikyPad · · Score: 2, Insightful

      AIDS only ruins one life. Teenage mothers ruin two.

      Having a child when you're not prepared is worse than an STD. Don't get me wrong, I agree with the root of the problem -- lack of education and/or access to contraception/protection -- but motherhood essentially ends the education and/or career development of the unprepared parent. Its consequences reverberate through society in the form of welfare and increased crime, whereas STDs pretty much only affect the individual. Given the choice between curing all STDs and preventing all unwanted pregnancy, I wouldn't hesitate to choose the latter. Fortunately the solution to both was introducted almost 100 years ago with the latex condom.. now if we could just get people to use them.

    80. Re:Jesus by Dravik · · Score: 1

      Security Clearance forms specify that you don't need to respond about things that happened before you turned 18.

      --
      The purpose of language is communication, If the idea is clear the grammar ain't important
    81. Re:Jesus by ResidntGeek · · Score: 1

      Plausible-sounding statements of fact can't be hyperbole. "She's as big as a whale" or "I hate that kid more than Hitler" are hyperbole. "Sometimes I clean my knives in front of my daughter's boyfriends so they feel threatened" isn't. You can't say things which are perfectly possible and call everyone else stupid for not knowing you were lying, that's just stupid.

      By the way, Christ never overestimated people's intelligence. His teachings were always reduced to easy-to-understand parables dealing with situations requiring no brain stretch by his listeners. But I wouldn't expect you to know that, as I doubt you read much (I refer, of course to "literal-minded == stupid").

      --
      ResidntGeek
    82. Re:Jesus by Wes+Janson · · Score: 1

      I wish parent could be modded up to +6 Insightful, because that's the very definition of an insightful comment right there: a deep understanding of the issues coupled with a unique statement. The question is though, where does that leave us as a society?

    83. Re:Jesus by bhiestand · · Score: 1

      Not necessarily true. I suppose it depends on the clearance?

      --
      SWM seeks new sig for a brief fling
    84. Re:Jesus by lukas84 · · Score: 1

      AIDS only ruins one life. Teenage mothers ruin two. Newsflash. You can fix pregnancies. You can't fix aids - yet.

      Yes, an Abortion is a pretty harsh measure - and it will have lasting psychological implications. But it's better than screwing up two lifes.
    85. Re:Jesus by Belgand · · Score: 1

      Actually, that they knew they were breaking the law is up in the air right now. Much of the legal proceedings on this are focused around the concept of whether this is or is not illegal. The intent of the law (again, as expressed in the minority opinion) is that no, the law was written poorly and was not intended to address this sort of issue, only when someone over 18 is taking the pictures for exploitative purposes.

      Moving outside this for a moment, have you ever engaged in behavior that was illegal? Speeding? Ever broken a sodomy law (keeping in mind that until a few years ago oral and anal sex were banned in many states regardless of the sexual orientation of those involved)? Did you ever have sex before you were 18? Hell, did you ever want to, but were otherwise unable to procure a willing partner? If so, please report for the punishment you clearly deserve as you should have been aware of the consequences of your actions at the time. It doesn't matter whether the law was right (c'mon, who ever thought that it was considered acceptable to break the law with the explicit intent of challenging an unjust law via judicial review?) or not, you should have known better beforehand. Especially since you should have realized that engaging in a private matter came with the understanding that someone else might find out and find you in violation of a technicality of the law.

    86. Re:Jesus by PopeRatzo · · Score: 1

      I don't overestimate your intelligence to emulate Christ, I do so out of generosity of spirit.

      OK, I was lying. I don't really have a collection of combat knives which I bring out to clean when my daughter brings home boyfriends.

      As far as reading much, you're right. I'm too busy teaching American literature to get much reading in. But I've done a bit in the past.

      --
      You are welcome on my lawn.
    87. Re:Jesus by Warg!+The+Orcs!! · · Score: 1

      It's 16 yrs of age in Scotland with or without parental consent. In Denmark it's also 16 yrs for sex and alcohol. Porn too (of any description) is 16 yrs on the principle that if you are old enough to do it then you are old enough to watch it.

      --
      Travelling forward in time at a rate of 1 second per second.
    88. Re:Jesus by oblivionboy · · Score: 1

      I think you'll find that by the time they're fifteen your "parenting" (whatever that means), will be more or less irrelevant. I know at 15 if my parents didn't want me to do a certain thing, then I'd just go ahead and do it, and make sure they didn't know about it. And so did my friends. And thats the way it should be. After a while, you have to let go of your "possiessions" (no matter how rightfully you feel they are yours because you brought them up), and allow them to grow into free independant adults. The biggest problems I see everday are with parents that fail to do this. While I do agree that at 15 there should be a certain amount of "guidance" offered, if by 15-16 they're not able to start making adult decisions (ie: practicing for later on), then they may well be developmentally retarded. In short, you as a parent have a responsibility to separate your issues, versus what they're needs are at their point in growing up. .o.

    89. Re:Jesus by stuntpope · · Score: 1

      Pretty much any guy I know who has daughters appreciates (and uses) the joke about cleaning guns, knives, or whatever when the daughter's boyfriend visits. It's a fairly old jest, usually tongue-in-cheek, and a way these fathers share their nervousness about the travails of raising daughters. I didn't know it was such an inside joke, and I don't think the poster needed to be taken to task over it.

    90. Re:Jesus by mutterc · · Score: 1

      if our children can engage in consequence-free sex

      I know you're quoting the abstinence-only crowd here, so that opinion's not necessarily your own, but I wanted to point out:

      There's no such thing as consequence-free sex. Even if there was 100%-effective pregnancy and STD prevention, there are still the emotional issues to deal with. An awful lot of teenage girls learn the hard way that guys will lie to get into their pants, for example. Then there are love triangles, etc. That might be a useful point to make to the abstinence-only crowd (not that anyone can change anyone else's mind on such issues...)

    91. Re:Jesus by Anonymous Coward · · Score: 0

      There are also emotional issues with abstinence. According to the stereotype slashdotters should be experts on not getting laid, willfully or not.

    92. Re:Jesus by An+Onerous+Coward · · Score: 1

      I understand that. I mean, until the wonders of science include a salve that eases heartache while making you smell cinnamon-fresh. But "you'll get your heart broken and spend the next three months locked in your room, crying" is somewhat weaker leverage than, "you'll grow hair on your palms, your genitalia will fall off, and you'll die of syphillis in a Mexican brothel." Plus, the abstinence-only folks understand that kids are going to brush off such warnings with a non-chalant "I'm an exception," or "I'm unusually mature," or "Scott really, really does love me."

      If the primary goal is to get kids to abstain from sexual behavior, then realistic, measured warnings won't cut it. Since you have to short-circuit a primary human drive, you have to counter with an appeal to another primary drive, the fear of death. I'm not condoning it, especially since I believe that the goal is to keep kids safe, not to keep them virgins. But I understand why they use the tactics they so often do.

      --

      You want the truthiness? You can't handle the truthiness!

    93. Re:Jesus by RespekMyAthorati · · Score: 1

      They were being responsible, and what they did was perfectly legal (having sex and recording it entirely for their own benefit). They were convicted for "maybe later doing something illegal" (showing the photographs to others).

    94. Re:Jesus by Slashdot+Parent · · Score: 1

      I have a daughter, and I thought he was serious. But I guess that's what I get for living in a Red State.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  56. eh, the US over-reacts one way... by c6gunner · · Score: 4, Interesting

    ....and here in Canada we go to the opposite extreme. Here an 80 year old man can legaly have sex with a 14 year old girl (or an 80 year old woman with a 14 year old boy I suppose), and can even document it if the images are intended for personal use and are not shared with others. Now, which one of these systems is better?

    Discuss.

    1. Re:eh, the US over-reacts one way... by oSand · · Score: 2, Funny

      I'll tell you when I'm 80

    2. Re:eh, the US over-reacts one way... by k1e0x · · Score: 1

      Yours is, so long as the 80 year old man has the permission of both the parents and the teen. If its consensual and everyone involved agrees I don't see what business of governments it is.

      --
      Bringing liberty to the masses. - http://freetalklive.com/
    3. Re:eh, the US over-reacts one way... by JamesTRexx · · Score: 2, Insightful

      Mind if I'll get back to you on that when I'm 80 and found a willing 14 year old girl?

      --
      home
    4. Re:eh, the US over-reacts one way... by Anonymous Coward · · Score: 0

      Consensual sex between sexually mature humans only evokes hysteria in backwards countries.

    5. Re:eh, the US over-reacts one way... by Anonymous Coward · · Score: 0

      That's debatable depending upon the relationship between the 80-year old and 14-year old, assuming it is consensual sex. For example, if the 80-year old is in a position of trust or authority or if the 14-year old is in a position of dependency, then the age of consent is *18* years in that circumstance. Likewise for exploitive activities, such as prostitution or pornography. The situation you describe could be somewhat questionable.

    6. Re:eh, the US over-reacts one way... by c6gunner · · Score: 1

      No, there's no permission clause. Age of consent is 14, period. Although technically it can be as low as 12. But parental permission never enters into it.

    7. Re:eh, the US over-reacts one way... by lukas84 · · Score: 1

      Who would want to see a naked 80 year old man anyway?

    8. Re:eh, the US over-reacts one way... by Anonymous Coward · · Score: 0

      now there missy, dont tease your sugar-great-grand-daddy.

      More seriously, I would change the 14 to 16 personaly and/or require emancipation as another reply in this thread suggested. Then all mature adults and teens could legaly do what they are doing anyway, but if it gets into a grey area they can explicitly show that they know what they are doing and consent to it, then if their partner is out of the plus-minus 5 years or whatever arbitrary age bracket they have a legal option.

    9. Re:eh, the US over-reacts one way... by dbIII · · Score: 1

      ...and here in Canada we go to the opposite extreme. Here an 80 year old man can legaly have sex with a 14 year old girl

      And I always thought that was Utah!

    10. Re:eh, the US over-reacts one way... by c6gunner · · Score: 1

      We're sort of like Utah North. Except with less bible-thumpers. And more snow. And no guns. And WAAAAAY more retarded hippies and socialists. Ok, so we're not really like Utah North, but we're still pretty cool. Sometimes.

    11. Re:eh, the US over-reacts one way... by Creepy+Crawler · · Score: 1

      I like Canada, except for that "no guns" thing. I also like Australia, except for that "no guns" thing. Why?

      If I live in a possibly corrupt government, I want to be able to defend myself against my government. Look at the US for my example...

      --
    12. Re:eh, the US over-reacts one way... by Dunbal · · Score: 1

      Yours is, so long as the 80 year old man has the permission of both the parents and the teen.

      Mr Burns: Of course I have permission! Look, the parents' signatures are on the back of this cheque...

      --
      Seven puppies were harmed during the making of this post.
    13. Re:eh, the US over-reacts one way... by dbIII · · Score: 1

      I also like Australia, except for that "no guns" thing. Why?

      I live in Australia, grew up in a town and still learnt how to shoot a rifle when I was about eight years old. The no guns thing applies to military issue weapons. If you want a pistol you have to sign a peice of paper that says you are sane and you get arrested if you don't have a good reason to carry it around. So far nobody has hit any of our state or federal leaders with anything worse than an egg - and even that resulted in the formation of the Federal Police Force.

    14. Re:eh, the US over-reacts one way... by c6gunner · · Score: 1

      Well, I agree with you on the guns thing. I'm fully licenced to own weapons, but I hate the restrictions placed on us. On the other hand, I absolutely disagree with you about the US government being corrupt. You have THE most honest government on the earth today. I'm sure that this sounds pretty sad to you, but it's the unfortunate truth. I wish our government was as reasonable as yours.

    15. Re:eh, the US over-reacts one way... by Creepy+Crawler · · Score: 1

      ---Well, I agree with you on the guns thing. I'm fully licenced to own weapons, but I hate the restrictions placed on us.

      At least to me, guns have been in my life. I know how to use pistols, rifles and shotguns, along with cleaning them. To not acknowledge that as a sovereign right of the people would lead back down to where we (the US) was before the revolutionary war: unrepresented taxation, evil and sadistic punishments, no penal rights, national power over the states'.

      I see guns as the final reset switch on a bad government.

      ---On the other hand, I absolutely disagree with you about the US government being corrupt. You have THE most honest government on the earth today.

      Im sure you dont keep up on our sports stuff, but recently, many counties (US - State - County - Township is the relationship of 'parts' here) are being forced to pay for a stadium here in Indianapolis, IN. This tax is going to be added upon most sales as 1% extra. Where is representation?

      Here in Indiana last year, our Governor ( Governor is to State as President is to Nation) sold off a 200+ mile stretch of road to a business in Spain/Australia. I have no quarrels in selling property, but public land should stay public. This governor is selling our own road rights from under us. BTW, this "deal" lasts for 75 years. This is our land, yet we have no representation.

      Across our nation, we have the highest incarceration rates in the world. Our percent felon rate even exceeds what Russia has. In our country, when you are/have been a felon, you do not qualify to vote for the rest of your life. Add this to the ever-creeping list of felonies and we have untold millions of people who are disenfranchised.

      From living here, we see many evils and corrupt behaviors. Did you know that here, a corporation can take your land if 1: they like it a lot 2: get approval from the local planning board 3: declare your house "uninhabitable" ? And it was Merck who did this despicable behavior... and they won too.

      And remember, who is it who unbalances governments? Yes, our leader. (spit) Afghanistan was at least legitimated, but Iraq was not by any means. A puppet dictator who kills his own is not a US national security risk. But now, we are the world's targets.

      ---I'm sure that this sounds pretty sad to you, but it's the unfortunate truth. I wish our government was as reasonable as yours.

      That'd be mighty interesting.. Wanna trade countries when Hillary Clinton gets in?

      --
    16. Re:eh, the US over-reacts one way... by Anonymous Coward · · Score: 0

      Well, let's examine the worst case scenario for each country.

      Canada: You catch your 14 year old child sleeping with an adult, and all you can do is prevent them from sleeping with that adult again (via grounding) until your 14 year old reaches adulthood.

      US: Your 18 year old's girlfriend's parents catch them having sex. The girlfriend is 17. Your son spends the next 20 years in jail and the rest of his life labeled a sex offender. ...Yeah, I think I'll stick with Canada.

    17. Re:eh, the US over-reacts one way... by Frozen+Void · · Score: 1

      Canadian system,they have more democracy and common sense then USA nowadays.

    18. Re:eh, the US over-reacts one way... by Dhalka226 · · Score: 1

      This tax is going to be added upon most sales as 1% extra. Where is representation?

      Depending on the state constitution of the state in question, local government (those under the state level) may not even have the legal right to exist and collect taxes. That said, higher law almost always trumps lower law. Where is your representation? In Indianapolis.

      This is our land, yet we have no representation.

      Erm -- your governor was elected, was he not? There is your representation. Depending on your state laws and constitution (passed by your state representatives--more representation), there may or may not be additional legislative or judicial recourse to overturn a decision like this.

      You seem to be under the belief that you live in a democracy. You do not. If you want to, there are a handful of them around the world, but criticizing the US government for not being what it was never intended to be is a bit silly.

      The US is a Republic. We elect people who make decisions. We don't get to be in on every one. The fact that it was the state legislature or governor and not Bob the Mayor of Smalltown who made a decision doesn't mean you weren't represented.

      Out of curiosity, how did your own state lawmakers (the ones you are directly involved in electing) vote on the tax measure? If they didn't vote the way you believe, what are you going to do about it?

      Incidentally, none of your points address the grandparent's point about honesty which you quoted. Government doing things that you don't like does not make it dishonest.

      Across our nation, we have the highest incarceration rates in the world. Our percent felon rate even exceeds what Russia has. In our country, when you are/have been a felon, you do not qualify to vote for the rest of your life. Add this to the ever-creeping list of felonies and we have untold millions of people who are disenfranchised.

      All* of this is true, and all of it is, in my mind, totally reprehensible. But at the same time, I'm a believer that we get the government we deserve. (I live in Illinois, by the way, but it's pretty much the same everywhere.) We get these leaders because we elect these leaders. Often repeatedly. At a federal level, there are definitely laws which favor the two-party system. As you drill down to more local levels, we have these problems because we choose to. Most governing is done locally, even though very few people--even among the small percentage who bother to vote EVER--are actively interested or involved in local politics.

      (*The part that is not entirely true: Laws about who can and can not vote are made at a state level. There are a handful of states in which felons can vote, though in most they can not.)

      Did you know that here, a corporation can take your land if 1: they like it a lot 2: get approval from the local planning board 3: declare your house "uninhabitable" ?

      The legal ability to do this really isn't an issue of corruption. The Supreme Court decided a matter of law. Their current interpretation of the Constitution is that economic development is for the public good, and therefore fits the criteria for the long-established power of eminent domain to apply.

      For what it's worth, the reaction from Congress to the decision was bitterly opposed; I believe they even passed some legislation that withheld federal money to governments who did this sort of thing. That's how it should be. The USSC decided what the law said currently. If we want to change it, that's the job of Congress.

      There are lots of things that are wrong in America, but as I said before, we probably deserve them. If we elect asshats, we have to expect to live with asshat decisions. It is one of the major failings of a Republic, but until we come up with something better it's what we've got.

    19. Re:eh, the US over-reacts one way... by nightfire-unique · · Score: 1

      Ours is better. If a 14 yo really wants to have sex with an 80 year old, let him/her.

      --
      A government is a body of people notably ungoverned - AC
    20. Re:eh, the US over-reacts one way... by RexRhino · · Score: 1

      If you were trying to scare us with some frightening scenario, you failed. While it does disturb me that a 14 year old girl would be hooking up with an 80 year old guy (I think 14 years old might be a little too young for the age of consent), it is still less disturbing than throwing both in prison.

    21. Re:eh, the US over-reacts one way... by c6gunner · · Score: 1

      I wasn't trying to scare anyone, I was simply asking a question. And now I'll ask another one:

      Since you think that 14 is too young for consent, yet still think that an adult having sex with a 14 year old should not be "thrown in prison", do you feel the same way about an adult having sex with an 8 year old? Because that is the implication which you are making. You've basically stated that an adult who has sex with a minor should not be arrested.

    22. Re:eh, the US over-reacts one way... by RexRhino · · Score: 1

      Since you think that 14 is too young for consent, yet still think that an adult having sex with a 14 year old should not be "thrown in prison", do you feel the same way about an adult having sex with an 8 year old? Because that is the implication which you are making. You've basically stated that an adult who has sex with a minor should not be arrested.

      I implied nothing of the sort. An 8 year old is not a 14 year old, and any reasonable person can make the distinction.

      As for the 80 year old and the 14 year old, throwing a person in prison is not the only punishment possible. You could fine a person. You could give them a suspended sentence with manditory counseling. You could give them a restraining order to legally keep them from seeing the 14 year old. You could put them in jail for 30 days (as opposed to prison for 30 years). The situation can be dealt with in a reasonable, nuanced fashion... proportional to the individual circumstances of the crime. The Canadian system, while not perfect, is far more reasonable and sane than the U.S. 'zero-tolerance' system.

    23. Re:eh, the US over-reacts one way... by c6gunner · · Score: 1

      I implied nothing of the sort.
      Sure you did! You said 14 is too low for an age of consent, but you don't think that an adult having sex with a 14 year old should be locked up. Therefore you don't think someone having sex with a person who is below the age of consent should be locked up. But I see what your problem is:

      The situation can be dealt with in a reasonable, nuanced fashion... proportional to the individual circumstances of the crime.
      That doesn't work. "Sliding scale" laws are notoriously bad because judges are all over the board when it comes to sentencing. If you leave it up to the judges discretion, you'll end up with all sorts of weird verdicts. What in one court gets you 10 years in prison will get you a slap on the wrist in a different court. Screw that. Laws need to be clearly defined.

      And how exactly you managed to use the word "nuanced" while talking about the sentencing of child molesters is beyond me. Let me guess, you're a member of NAMBLA, right? And a university professor too?
    24. Re:eh, the US over-reacts one way... by RexRhino · · Score: 1

      Sure you did! You said 14 is too low for an age of consent, but you don't think that an adult having sex with a 14 year old should be locked up. Therefore you don't think someone having sex with a person who is below the age of consent should be locked up. But I see what your problem is:

      What is so hard for you to understand? An 8 year old isn't a 14 year old. A 14 year old isn't a young child, they are a teenager. That is why movies have several different ratings: G, PG, PG-13, R, NC17, etc. A rational person can understand that while it is undesirable that a 14 year old have concentual sex with an adult, that it is not an clear and present danger to society at large.

      Would you throw doctors who prescribe birth control to teenagers in prison, for aiding child molestation? Would you make it illegal for health facilities to distribute any contraceptives to teenagers, under the assumption that any underage sex is child molestation? So when do you plan to throw the Canadian Minister of Health in prison, for aiding and abetting?

      That doesn't work. "Sliding scale" laws are notoriously bad because judges are all over the board when it comes to sentencing. If you leave it up to the judges discretion, you'll end up with all sorts of weird verdicts.

      A sliding scale doesn't have to leave sentencing to a judges discretion. You can have a sliding scale based on objective criteria. For example, have sex with minors below 14 to be a serious felony along the lines of rape or murder, and having concentual sex with minors 14 or above to be more along the lines of drunken driving or theft: You probably won't go to prison on your first offense, provided you seek help.

      And how exactly you managed to use the word "nuanced" while talking about the sentencing of child molesters is beyond me. Let me guess, you're a member of NAMBLA, right? And a university professor too?

      It is good to see Canada doesn't have any shortage of facists. Just because I don't support your lynch mob mentality, doesn't mean I endorse the behavior. The fact that you would accuse someone of such vile thing as being a member of NAMBLA, in civil discourse with someone who supports *even stricter* laws than are currently in place, shows the kind of paranoid McCarthyist attitude at work.

    25. Re:eh, the US over-reacts one way... by c6gunner · · Score: 1

      So that's a yes to the NAMBLA thing?

      Frankly, I'm rather glad we have a low age of consent. I had an incident with a young female who lied about her age that would have landed me in prison if I had been in the US. So I'm certainly not advocating that it be raised, I'm simply pointing out the truly bizarre contradictions in your argument. You clearly state that you think 14 should be below the age of consent, yet advocate not imprisoning adults who take advantage of them. That makes no sense. What should we do, fine them instead? Great, so now instead of facing jail time, the molester is really just paying for a service. Awesome idea.

      On top of that, comparing consent laws to movie ratings is...well "insane" comes to mind. Even if it were somehow a relevant comparison, you'll notice that only one movie rating is actually enforced by theatres, and that's "R". Movie ratings are a guide for parents, not a law.

    26. Re:eh, the US over-reacts one way... by RexRhino · · Score: 1

      So that's a yes to the NAMBLA thing? Frankly, I'm rather glad we have a low age of consent. I had an incident with a young female who lied about her age that would have landed me in prison if I had been in the US

      People tend to be most paranoid of the things that are closest to their selves. The guys I know who are super jealous about their girlfriends cheating on them are the guys who cheated on their girlfriends. The people I know that are super afraid of their stuff being stolen are the people who steal stuff themselves. The right wing Christian zealots in America are terrified of right wing Muslim zealots from overseas. Homophobes tend to be closet homosexuals. The actions that people are most likely to commit themselves are the ones they most go totally batshit about.

      In your case, you are a self-admitted pedophile... you had an "incident", and despite your lame excuse (She lied about her age? Yeah, like all you weirdos don't say that!) you HAD SEX WITH A CHILD!!! You fucking admit it! Only someone truly sick and twisted yourself wouldn't get the irony of you accusing random people you don't know on the internet of being a member of NABMLA!

      In any case, I wouldn't have sent you to prison, but I would have sent you to manditory counciling so you would take responsiblity for your actions and stop projecting your sexual desires onto other people.

    27. Re:eh, the US over-reacts one way... by c6gunner · · Score: 1

      What are you, retarded? I'm saying people who molest children should go to jail, and you're saying they shouldn't, yet I'm the paedophile? Something's not parsing here, bud.

      As for the "incident", I was 22, partying at a bar with friends, and she was there drinking with her friends. If she was able to fool the bartender, it's not a big surprise that she also managed to trick me. You're more than welcome to believe what you like though. If it helps you to think that I'm like you, then go for it.

    28. Re:eh, the US over-reacts one way... by alexo · · Score: 1

      > I like Canada, except for that "no guns" thing. I also like Australia,
      > except for that "no guns" thing. Why?
      >
      > If I live in a possibly corrupt government, I want to be able to defend myself
      > against my government. Look at the US for my example...


      Please give an example of a person who successfully defended himself against his own corrupt government with a gun.

    29. Re:eh, the US over-reacts one way... by Creepy+Crawler · · Score: 1
      --
    30. Re:eh, the US over-reacts one way... by alexo · · Score: 1

      Well, if you can get the active support of 40-45% of the population, as well as the military aid of France, Spain and the Netherlands (not to mention weapons not several orders of magnitude inferior to the government's) then you too may achieve similar success.

      Alternatively, if you are willing to die a martyr just to make a point, you may achieve a different kind of success (posthumously).

      Otherwise, you are just posturing.

  57. Bad analogy time by Anonymous Coward · · Score: 1, Interesting

    Judges aren't compilers that process the law produce an executable judgment. They are supposed to make their judgments based on the spirit of the law as well as the letter of the law.

  58. The Real Question... by matthewcraig · · Score: 2, Funny

    The real question is whether they will be prosecuted as adults. Only then would the trifecta of contradiction be complete.

  59. Stupid Parents? by DeadboltX · · Score: 1

    The article is vague on this issue, but who brought this matter to the police? The parents?

    Well I hope that parents are happy that their kids are going to be labeled as sex offenders for 5 years simply because they couldn't handle their own business.

    "I'm a shitty parent oh no what do I do? I could talk to my kid about it, I could call the other kids parents and talk to them about it.. no this is all too much responsibility for a shitty parent like myself, I will call the police about this entirely simple matter!"

  60. Sex Offenders? by k1e0x · · Score: 1

    An appeals court majority opinion found that emailing the photos from one of the kids to the other was a careless act that should, it seems, bring down the full weight of the law. A minority opinion argued that the laws were intended to protect children from exploitative adults, not from other children.

    So these kids have to register as sex offenders for the rest of their lives? How does this help them? where will they live? How will they get jobs?

    The Government is ruing their lives.

    --
    Bringing liberty to the masses. - http://freetalklive.com/
  61. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  62. Oh, this is awkward... by Anonymous Coward · · Score: 0

    How could child pornography laws be applied to this case as a proper punishment for those children???

    Oh no... he hasn't heard... Is anyone gonna tell Valtor about the execution of 5 year old pedophile Johnny "I'll show you mine, if you show me yours" Smith?

    :-D

  63. Time to Serve The Country by camperslo · · Score: 0, Troll

    Since the detectives/prosecutors involved seem to be so exceptionally talented at finding evil dangers hidden from public view, I propose we send them where they're really needed - Iraq.

    1. Re:Time to Serve The Country by Z0mb1eman · · Score: 1

      >Since the detectives/prosecutors involved seem to be so exceptionally talented at finding evil dangers hidden from public view, I propose we send them where they're really needed - Iraq.

      Or Boston?

      --
      ClutterMe.com - easiest site creation on the Net. Just click and type.
  64. Re:Just Wait Until Your District Attorney Gets Hom by Anonymous+Brave+Guy · · Score: 1

    I wonder, are you as judgemental in other fields, or does this just offend some personal moral value you choose to impose on everyone else? Why is something not morally OK -- "irresponsible parenting" even -- if someone 17 years and 364 days old does it, but fine and down to personal choice and personal responsibility a day later? Does it even occur to you that many people find nudity an entirely natural state? It is, after all, how we're born.

    Of course I don't support the sexual abuse of minors (or anyone else, for that matter), and if that's what was happening here then fine, throw the book at them. But that is clearly not what was happening here, at least as far as I've read so far. I don't see what business either the courts or someone like you have telling people who are mature enough to understand what they're doing and the potential consequences that they may not do it, when it causes no harm to anyone else. What happened to living in a free society, taking responsibility for one's own actions, having the self-discipline to think about things before doing them, and generally treating people like adults when they're old enough to behave like them?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  65. And stuff like this... by FluffyArmada · · Score: 1

    is why I'm moving out of the US.

    --
    If con is the opposite of pro. Then isn't congress the opposite of progress?
    1. Re:And stuff like this... by Anonymous Coward · · Score: 0

      Can I have your stuff?

  66. Simple by Anonymous Coward · · Score: 1, Interesting

    These kids need to go bang each other in front of a state owned surveillance camera, then have these same charges brought against the photographer.

  67. no it's not by oohshiny · · Score: 1

    I agree with the sentiment, but it's not "prosecutorial misconduct" if the court convicts.

  68. Thank goodness. by Furaeon · · Score: 1

    I'm glad the police are out there watching out for those dangerous teenagers taking naughty photos for each other instead of arresting the crack heads outside looking for people to scam.

  69. Teachers are in deep sh** already... by Anonymous Coward · · Score: 1, Interesting

    See this post for details.

  70. hmm by LaurieDash · · Score: 1

    Just out of interest, what would happen if paedophiles started emailing photos of eachother when they were kids? Do the same rules apply even though it's themselves? I'd imagine they would do as it still puts modern day children at risk (indirectly of course), but when you see ridiculous stories like this you begin to question just HOW retarded some people are.

  71. They must have been putting the acid in the water by lowell · · Score: 2, Insightful

    This country that I live in is sick. It has some sort of psychosis, some widespread mental disorder; this disorder affects judgment and reason. It is an illness to remove logic and reason so easily to "protect the children". We are all sick for allowing things to get this bad. These lawmakers and judges and politicians all come from our society, so we get what we deserve. We let these things happen without actually righting the wrongs or fixing the problems. We are all to blame for this. We are in the death throws of our nation. The end is near and we don't deserve anything more than to wither. It is our fault, we could have stood up a long time ago, but we just laid down and let them fuck us.

    Like BSD we are all dead.

  72. Charge thems as adults, by Anonymous Coward · · Score: 0

    That way they'll serve time in an adult prison. That will bring justice for the victims of this terrible crime.

  73. Re:Just Wait Until Your District Attorney Gets Hom by mastershake_phd · · Score: 1

    If a 15 year old starts skipping class class and shoplifting candy bars, that's not the parents' fault

    Why not? The parent raised the kid, is responsible for their actions.

    Skipping class and shoplifting candy bars is certainly no cause for charging the kid with a crime (absent some bigger picture of criminality, and even that is wrong when the acts are better corrected with psych or other counseling). Those petty "crimes" are exactly the kind of misbehavior that parents should correct, not the state. However, if parents do not correct them, if parents have produced a "bad kid" who damages someone else, then of course the parents contributed to the damage.

    Your idea of "using the legal system to scare the bejeezus out of the kid" is the wrong way to grow kids up. It's inappropriate use of the legal system, and damages the kid further.

     
    Man, your so right.We should hold parents accountable for their bad parenting. Lets start with Bin Ladens parents, Timothy MCveighs parents, David Koreshs parents, Burkowitzs parents, we could have this whole crime thing cleaned up by spring. Ollie Norths Parents, that astronauts parents, Bill Clintons parents (he committed perjury remember), I could go on forever. Maybe if you get a speeding ticket they could send one to your parents too. Hey your kid could never go bad right? What do you have to worry about?

  74. Not surprisingly, I disagree by msobkow · · Score: 4, Insightful

    I don't think it has to be malicious at all. For one thing, the judges had to avoid setting an ugly precedent.

    Let's say the photos were made legal, returned to the youths, and no conviction performed. Now there are legal "child porn" photos in their position.

    Snap forward a few years until they're 21, and one of them is desperate for money. And sells their legal photos of their own underage antics. Are those still legal child porn as set by the precedence?

    I think the judges just avoided being blunt about the concern.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:Not surprisingly, I disagree by msobkow · · Score: 2, Interesting

      Sub-conscious slip of the fingers: that should have been "possession", not "position."

      Taken further, a precedence could have sparked an entire industry of teens archiving photos they intend to sell as soon as they reach a legal age to do so. Not a battle anyone would want to take up, methinks.

      --
      I do not fail; I succeed at finding out what does not work.
    2. Re:Not surprisingly, I disagree by Wordsmith · · Score: 5, Insightful

      Although it's a sickening scenario, that actually probably should be legal.

      Child porn isn't illegal because it's sick to get your rocks off looking at a child. In fact, when we're not talking about pre-pubescents, it's biologically natural to be turned on by someone attractive - even if responsible adults understand why teens probably aren't really emotionally ready for sexual encounters, and don't have the wherewithall to consent to such encounters with adults who've got far more life experience.

      Child porn is illegal because creating it involves subjecting a minor, who by definition can't consent to sexual activity, to sexual activity. The porn is a product of that process. Making it illegal to buy, sell and possession child porn is akin to making it illegal to do the same with stolen goods, or goods created in illegal sweatshops - it's a way of eating away at the root wrongful activity.

      But when a person makes himself or herself the "victim," that logic breaks down somewhat. Is there really a victim at all? Especially if the choice to sell the pictures comes when the person is an adult, and theoretically responsible for his or her own actions? I can't imagine we'd want to create a precedent where cynical 16- or 17-year-olds are stashing away pictures of themselves to turn a quick buck when they turn 18, but if that's going to be illegal, we really need a different rationale.

    3. Re:Not surprisingly, I disagree by jeff4747 · · Score: 1

      And sells their legal photos of their own underage antics. Are those still legal child porn as set by the precedence?

      There are other laws against distributing child porn. In the scenario you described, the broke one would have violated those laws, while the pictures themselves would be legal.

    4. Re:Not surprisingly, I disagree by SpooForBrains · · Score: 1

      So this crime was OK, but you're arguing they be prosecuted for a future crime they might hypothetically commit?

      --
      "The dew has clearly fallen with a particularly sickening thud this morning"
    5. Re:Not surprisingly, I disagree by fermion · · Score: 1
      Let us stipulate that as the world changes, what is acceptable and not acceptable also changes. Let us also stipulate that while it is usually best to let parent raise their children, there are times when laws do interfere with that freedom. For instance, it is quite traditional for older siblings to babysit for younger siblings while the parent works, but we do take parents to court when such duties interfere with school.

      Now, it is not uncommon for adolescents to engage in sexual play, up to and including penetration of every conceivable orifice. For the most part everything goes well, and the problems are minimized, especially when such activity is kept in the community. However, in recent time as there has been more motion, we have had an increased in activity of persons claiming to be involving in such activity against their will, for example date rape. Now, one can ask if a person seems to be willing, and agrees to a situation in which such activity is likely to occur, when they later on can say they did not want it to occur. OTOH, is can be asked if all parties really intended for sexual penetration to occur. The current law seems to side on the side of those that claim consent must be given at the time, not by inference. This is a change in the rules, a change that people are still adapting to, and change that children must be trained to include in their mating calculations. It mostly comes from the fact that while we are much more open about sex, the economics of sex has changed.

      These pictures are the same thing. They were clearly snapped as a bit of youthful play, and of course all parties are going to promise to keep them secret, but what are those promises worth? In the old days the worse that could happen is that they would be spread around the school, and then likely found out, and all copies collected. Such a thing would be a learning experience that would serve the children well all their lives, with minimal damage.

      But the economics has changed. One part of the couple catches another holding hands with a third party, and the photo goes onto mobog, or youtube, ptube, or anywhere. The person cannot go anywhere in the city without recognition. Such a photo is likely never to completely disappear. This is certainly extreme, but changes times requires changing behavior. I think it can be argued that taking naked pictures of oneself and then distributing them is beyond the norms of society. It has little to do the fact they are children. What are we to say to 18 year old that has her naked body plastered over the internet. If we set a precedent that such behavior is risky, we can at least say we warned her. What are we to say to all the kids now that will be trying to get a job in four years, and have to contend with the fact that certain youthful indiscretions still show up on search engines?

      Certain things, even things like this that are not really in any significant way bad, are still things that can be defensible discouraged. Like date rape, if the photos appear on the internet, I am sure the wounded party would consider the act actionable, even though it can rightfully be said that the photos were exchanged without any explicit limitations on use. The best that might be argued is a violation of copyright.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    6. Re:Not surprisingly, I disagree by Anonymous Coward · · Score: 1, Insightful

      Let the logic break down a little more; what happens when a 17-year old purposely takes a nude picture of themselves, then sends it out to a bunch of people without notifying them of the exact age details. Can they then claim that those people are all in possession of child pornography?

    7. Re:Not surprisingly, I disagree by Anonymous Coward · · Score: 0

      "Child porn is illegal because creating it involves subjecting a minor, who by definition can't consent to sexual activity, to sexual activity."

      If so, the law contradicts itself. Age of consent laws have NOTHING to do with child porn laws. For some time in Pennsylvania, age of consent is or was 16 for anyone over 16, 14yo if the other(s) involved were not more than 4 years apart. 14-17 are clearly minors, yet sex is allowed, particularly those 16 and over, with adults of any age. In Georgia, 15yos can have sex with 17yos, so it's not just one lone state with these laws. Meanwhile, child porn federally is defined at 18yo I believe, and states often have child porn laws that contradict age of consent laws.

      In fact, there is a black athlete ESPN covered on their website who is serving a 10 year mandatory minimum sentence for receiving a blow job from a 15 yo who was not only willing, but initiated the act. He was 17yo at the time. Furthermore, that was caught on tape (but I believe was not prosecuted on that basis as both were minors).

      Just to be clear here, in a good number of states, even red states, it is legal to have sex with a 17 yo, but not to have a naked picture of them.

      "But when a person makes himself or herself the "victim," that logic breaks down somewhat."

      But you just admitted such a victim cannot consent.

      Your logic is the one breaking down; this statement just contradicts your own argument made in the immediate preceding paragraph. How can a person be a "victim" (you noted here) when he/she is a minor and inherently with the inability to consent (which you had just argued)? Fact is, so-called statuatory rape has never had anything to do with the underaged being willing; willing or not, it doesn't matter for those laws to be applied.

      "Is there really a victim at all? Especially if the choice to sell the pictures comes when the person is an adult, and theoretically responsible for his or her own actions? I can't imagine we'd want to create a precedent where cynical 16- or 17-year-olds are stashing away pictures of themselves to turn a quick buck when they turn 18, but if that's going to be illegal, we really need a different rationale."

      I forget the name of the actress, but I believe this occurred. I was watching E! (some entertainment channel) and they were going over the actress that is in First Wave (SciFi channel show) that I thought was rather hot. I caught the middle of the show, but she was apparently also in a movie in the early 1990s, where there was discussion about her "past," so I tuned in. Apparently, she was a porn star, an underage one. She lied about her age, and appeared in several porn productions, while under 18yo. Clearly, this was both voluntary (in evidence as well as she acknowledges), and participatory in committing both fraud and the crime (she lied to engage in the activity).

      Because of this, she was rather well-known, and appeared in a few movies and TV series. One 1 of her porn productions is actually legal (made when she was 18). All the while, the FBI continue to find and prosecute holders of the earlier porn productions under child porn laws. From the pics the TV channel showed, at 17, she looked like, say, a senior in college.

      Anyways, my point in all of this is that laws often don't make sense. In fact, in obeying a law, you can break laws. And don't expect the police or judicial system or DAs or politicians to help make sense of things; those people are there for their paychecks or for career advancement, not to be fair or "do the right thing." Laws are supposedly about the greater good; they are more than happy to lock a few people up for votes or to feel protected against such "violent" crimes (yes, such rapes are considered violent offenses under a 1984 act (a bail reform law if I recall, so they garner additional penalities).

    8. Re:Not surprisingly, I disagree by ahodgson · · Score: 1

      Hey, in Canada you can be convicted of having child porn if you have pictures of "kids" that you drew yourself from your imagination.

      Child porn laws have no basis in rationality.

    9. Re:Not surprisingly, I disagree by canajin56 · · Score: 1
      Quite right! This disgusting, despicable, liberal, pinko, swine judge recently ruled that it was LEGAL to have an oak tree in ones back yard! Can you believe that! Sure, there is nothing wrong with a tree...now. But what if years later, you cut off a limb, and you whittled it down on a lathe into a baseball bat, and you beat your grandmother to death with it? This "judge" has just set precedent that beating grandmothers to death is 100% legal! Clearly, everybody is able to commit a crime in the future, so we should execute the lot of them right now to make sure it never happens!


      Along the same lines, I hope you never masturbated before you turned 18. Otherwise you should be jailed for life, you Satan worshiping child rapist! And were you ever breastfed? Your mother should be in irons! Breasts are legally considered as sexual organs, sounds like sexual contact with a minor! Sexual interaction with a newborn! SICK! In fact, the vagina is a sexual organ, too! You better have been a c-section, raped by your own mother the second you were born?! ARREST HER RIGHT NOW!


      Hahahahaha, in all seriousness, I bet thats what this DA does next, too. Goes to a hospital, arrests each woman who goes in to give birth for sexual contact with a minor. He's apparently found plenty of judges who will convict!

      --
      ASCII stupid question, get a stupid ANSI
    10. Re:Not surprisingly, I disagree by David_W · · Score: 1

      I forget the name of the actress, but I believe this occurred.... Apparently, she was a porn star, an underage one. She lied about her age, and appeared in several porn productions, while under 18yo.

      That would be Traci Lords, and her IMDB bio agrees with pretty much everything you said.

    11. Re:Not surprisingly, I disagree by MedicinalMan · · Score: 1

      Actually, what you are talking about is DISTRIBUTION of child porn which is a different crime than manufacture of it. Not to mention, there's probably a conspiracy charge in there too. The majority opinion actually states that the purpose of the law is to protect children from exploitation, either from adults or minors:
        "The stateâ(TM)s purpose in this statute is to protect minors from exploitation by anyone who induces them to appear in a sexual performance and shows that performance to other people.... The Stateâ(TM)s interest in protecting children from exploitation in this statute is the same regardless of whether the person inducing the child to appear in a sexual performance and then promoting that performance is an adult or a minor."

      The point is not that the pictures become legal child porn. In the possession of any adult, they would still be illegal. What if you took pictures of yourself as a teenager as a "savings account" for a rainy day as in your example?
      Especially interesting is the "induces" part: nobody induced them, they took the pictures themselves. They "exploited" themselves. If in the future somebody sells the pictures, they are still not guilt of "inducing" the minors to produce the images. The intent of the judges was not to avoid any future trouble with so-called "legal porn", it was that they were guilty because they were immature and as a result the photos might be distributed.

      Wonder what would have happened if the files for encrypted with PGP and shown to each other in person such that they only had access to their pictures via the key.

    12. Re:Not surprisingly, I disagree by Anonymous Coward · · Score: 0

      Here's a hint:

      Today's youth _wants_ this to happen.

      Camwhore on ED
      Chanchan article on wikichan
      Chanchan - camwhore image board

    13. Re:Not surprisingly, I disagree by Kevertje · · Score: 1

      I don't think that there's an ugly precedent in this case. Allowing the kids to keep those pictures of themselves does not mean that it suddenly becomes legal for them to sell those pictures. After all, there is still a law against selling/buying those pictures. And if the court really wanted to prevent anyone from profiting over those images, they could give the kids a slap on the wrist and make them delete the photographs.

      Either way, it would be illegal for either of them to sell the pictures if they ever need money. The kids' lives wouldn't be wasted and if the pics ever got out, the one responsible could still be punished.

    14. Re:Not surprisingly, I disagree by msobkow · · Score: 1

      It sounds like you're saying the age difference is what makes child porn illegal.

      If that's the case, wouldn't someone like Hugh Hefner be guilty of child pornography due to the age difference between himself and the models? I know his family runs things now, but in theory...

      --
      I do not fail; I succeed at finding out what does not work.
    15. Re:Not surprisingly, I disagree by Kjella · · Score: 1

      Because the money, while not paid out until after you're eighteen, is still inducing minors to have sex? Such an idea would certainly cause a lot of problems in countries where you're not "molesting yourself", you could be jacking off as a 10yo and it would be legal - is selling it at 18 legal then too? There's a few years of inconcistancy between when anyone can have sex with you and you can watch porn (here it's two years, 16 to 18) and because of international conventions that's probably not going to change. However, we fixed the problem without throwing the baby out with the bathwater - under the right conditions which pretty much is the teen love pics, we have a law without penalties (wording is that the court "may" do so).

      --
      Live today, because you never know what tomorrow brings
  75. Proof religeon is false/fake/bolony/ A CON by cheekyboy · · Score: 1

    When i saw two christian dudes on the train sitting next to me, I was thinking... maybe I should say, "what did the spanish do to the latins 600 years ago?"
    Was that very christian?

    Maybe I should have asked, is the bible a future prediction text, or is it a manual instructing the political powers at be how to rule the world?

    Stargats ORI remind me of the bible bashers!

    --
    Liberty freedom are no1, not dicks in suits.
  76. Re:Just Wait Until Your District Attorney Gets Hom by Doc+Ruby · · Score: 1

    It's up to the parents. It's up to them whether to let the kid off the hook because they're grown up before the law says they're an "adult" by the average definition. And even a child should receive the appropriate discipline. After that, it's up to other people in private transactions, and the state in public ones, to enforce order.

    I don't see how you could read my post about how the parents are responsible and somehow decide I'm saying that the courts are responsible. Unless you've got your own agenda which blinds you to what I did say.

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  77. What service did they use? by DigiMan · · Score: 1

    Does anyone have any idea what email service they used? I know Yahoo wouldn't even give out logins to parents of deceased 9/11 patents despite a court subpeona. I'm interested it it was a private ISP, Google Mail, Yahoo Mail, Hotmail (yuck!), etc... as I want nothing to do with an email service that gives out information so easily.

  78. Re:Just Wait Until Your District Attorney Gets Hom by Doc+Ruby · · Score: 1

    Is there some kind of problem you're having distinguishing between children not responsible for their actions, and adults who are?

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  79. Polaroid by Lazerf4rt · · Score: 1

    Those kids should have taken a Polaroid instead. Then there would be no arguments about how their computers could be hacked and exploited and blah blah blah.

    Also, you just know that every member of the jury was immediately cranking one off as soon as they returned to their hotel rooms.

    1. Re:Polaroid by jeff4747 · · Score: 1

      Those kids should have taken a Polaroid instead

      Then the court would have ruled that the Polaroid might have been lost, or stolen by a burglar.

  80. Reminds me of a quote by SocialWorm · · Score: 1

    Reminds me of the quote I saw on Google a few days ago – "The United States is a nation of laws: badly written and randomly enforced." - Frank Zappa

    --
    My Blog: http://nic.dreamhost.com/
  81. And teenagers by porkchop_d_clown · · Score: 3, Insightful

    are notoriously bad at understanding the whole "parenting" concept.

    Ranger is right.

  82. Re:Just Wait Until Your District Attorney Gets Hom by cheekyboy · · Score: 1

    We didnt do this 50 years ago so why now?

    Too much laws and criminality will eventually be the downfall of society because everyone will be made a criminal.

    Maybe every parent should not let their child out of their house, and lock the doors then.

    The lesson here is... Keep things more secret, dont tell anyone, cover your tracks, dont trust even
    your parents or the law. Tough laws really worked in the soviet union didnt they.

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    Liberty freedom are no1, not dicks in suits.
  83. Won't someone... by Anonymous Coward · · Score: 1, Funny

    Won't someone please think of the fucking children?

  84. Mass hysteria by l0cust · · Score: 1

    This crap is what happens when everyone has been drumming up mass hysteria of Think-of-the-children 24/7. Read any newspaper, watch any channel on TV and you will get a couple of makenews items related to the same awesome phenomenon. Why is everyone surprised that people are actually losing track of why such a law seemed like a good thing initially? This is inevitable with everything which is started with a emotional reason rather than a logical one - sooner or later the reason is forgotten and everyone blindly follows the 'consequence' part of the law. I bet that if some angry lawmakers were able to pass a law back then which asked for public molesting/raping of the child molesters/rapists then you would be reading about how the court has decided a date for public stripping and molesting of those two kids because of some bullshit way they could have hurt themselves in some possible future.

    This is all the more disgusting because majority of the media is a part of the hysteria campaign. You can bitch about it as much as you want but as long as no one wants to take a public stand against such bullshit nothing will change.

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    Politicians and Pedophiles: Two groups of exploitive bastards who are most dangerous when they're thinking of children.
  85. Right. by porkchop_d_clown · · Score: 1

    Show me a cite for the idea that judges are supposed to follow the "spirit" of the law.

    Judges, at least in the USA may have to interpret the law but they certainly aren't allowed to waive the law because they don't like what it says.

    1. Re:Right. by Anonymous Coward · · Score: 1, Informative

      A Judge cannot but a Jury can. See Jury Nullification

    2. Re:Right. by anagama · · Score: 1
      Actually, it's a standard cannon of statutory construction that courts should avoid arriving at absurd results based on a literal reading. I mean, it's such a common notion to the courts, that paragraphs such as this are likely stored for easy cut & paste by judges:

      This court has the ultimate authority to determine the meaning and purpose of a statute. ... Our paramount duty in statutory interpretation is to give effect to the Legislature's intent. ... We avoid a literal reading of a statute if it would result in unlikely, absurd, or strained consequences. ... "The spirit or purpose of an enactment should prevail over the express but inept wording."
      Internal citations omitted. This quote is from State v. Elgin. Note: this is a WA state case only, however, the rules of statutory construction described here are ancient and widely used ... except perhaps by FL Ct. of Appeals. I would hope that FL Supreme Court judges are smarter.
      --
      What changed under Obama? Nothing Good
  86. U.S. has no laws prohibiting suicide... by setirw · · Score: 1

    attempted suicide is an offense, and you will be charged

    Not so in the United States, and most other industrialized countries. The last state to decriminalize attempted suicide did so in 1994. In a few U.S. states, however, suicide is still considered a common law crime.

    Unfortunately, there are other countries in the world that still have such laws, however.

    --
    This message printed on 100% post-consumer recycled electrons.
  87. Re:Just Wait Until Your District Attorney Gets Hom by mastershake_phd · · Score: 1

    They raised them, theyre responsible for their actions by your logic. Why should the responsibility end at 18? And if you think no good parent has had their teenager become a murdering drug dealer or anything else your sadly mistaken.

  88. Re:Just Wait Until Your District Attorney Gets Hom by Estanislao+Mart�nez · · Score: 1

    Is there some kind of problem you're having distinguishing between children not responsible for their actions, and adults who are?

    I think the problem he's having is that the distinction you claim does not exist either in fact or in law.

  89. Why not? The parent raised the kid, is responsible for their actions.

    Because of course, the actions of one's offspring are mechanically determined in a simple fashion by one's own actions, and by nothing else than that.

    1. Re:Sure. by Doc+Ruby · · Score: 1

      What kind of nonsense is encoded in your sarcasm? Of course parental responsibility is more complex than merely ordering childen to act. That doesn't mean it doesn't exist.

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      make install -not war

  90. This is all the camera manufacturer's fault! by CTho9305 · · Score: 5, Funny

    The manufacturer of the camera should be sued for not including warning labels telling teenagers not to photograph themselves!

  91. So... by warbinger · · Score: 1

    Basically what they're saying, through this precedent, is that it is also illegal for two 16/17 year old kids to see each other naked aka have sex or be sexual in any kind of way. Seems kind of ridiculous to me...

    1. Re:So... by squarefish · · Score: 1

      that follows some of the other lines of thinking with the current administration- if we can't find pedophiles, we'll just create them with silly laws and they'll fall into our laps. The same system is currently being used to turn us all into terrorists.

      --
      Creationists are a lot like zombies. Slow, but powerful and numerous. And they all want to eat our brains.
  92. In great white Canada by creativeHavoc · · Score: 1

    Up here in Canada, a 64 year old man could have sex with a 14 year old girl, he just can't 1) tell anyone about it 2) write about it 3) record it The act is fine.

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    insight through the mind
  93. so lame by moxley · · Score: 1

    Totally fucking ridiculous; these laws are meant to protect children from adult predators; not to protect children from experimenting sexually with other children.

    What's next; prosecuting kids for playing doctor?

    1. Re:so lame by demon · · Score: 1

      You think they won't? Give it six months, that's what's next. Pretty soon any interaction with the opposite sex will be illegal if you're a minor. Or the same sex (playing tag is now illegal in at least one stat); we're becoming so damned paranoid (from the top down) that we're beginning to assume foul intent from everyone. Kinda makes "innocent until proven guilty" pointless...

      --

      Sam: "That was needlessly cryptic."
      Max: "I'd be peeing my pants if I wore any!"
  94. Re:Just Wait Until Your District Attorney Gets Hom by Anonymous+Brave+Guy · · Score: 1

    And even a child should receive the appropriate discipline.

    And you don't find it at all odd that in this case, the law says that the children are responsible enough to decide for themselves whether to have sexual relations -- something that could result in anything from bringing a new life into the world to prematurely ending their own as a result of an STD -- but not to decide whether to let a friend simply photograph them?

    I don't see how you could read my post about how the parents are responsible and somehow decide I'm saying that the courts are responsible.

    This entire thread is about the courts (and by association, the prosecutors and related administration officials) deciding they are more responsible than the kids in question.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  95. Stupidly arresting cihldren, since 2004 by thehossman · · Score: 5, Informative
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    -- The Hoss Man
  96. First Thought: Sweet Jesus, It's Florida by smchris · · Score: 1

    I suppose you could say there is some mighty bizarre legal overlap here and the Court was just doing its job. Sensible minds could put the kids on probation, community service or whatever, and perhaps expunge a juvenile record even if there was a desire to prosecute? Modify the legislation in the next session.

    But when was the last time Florida was sensible? What are the penalties for creation and distribution of kiddie porn in Florida? Probably something like mandatory life without parole and eight hours of Sunday prayer meeting after the dawn whipping? That's teach them for photographing themselves in the U.S.

  97. Wow by WCD_Thor · · Score: 0

    This is probably the biggest misuse of anti child porn laws yet, but If some republicans get their way it won't be for very long.

    1. Re:Wow by Darby · · Score: 1

      This is probably the biggest misuse of anti child porn laws yet, but If some republicans get their way it won't be for very long.

      Don't kid yourself. While I obviously (if you have sigs enabled) know the Republicans are scum, when it comes to this sort of thing both parties are in lockstep.
      Remember "OMFG there are dirty words in songs we must protect the children"?
      Dems aren't making any moves to repeal ProhibitionV2 as that would upset the profits of the prison industry. They're arguing about arguing about rapping Shrub on the knuckles with a ruler, but specifying that no ruler can be involved.
      They're both tools of the military industrial complex as well as proven by our foreign policy since WW2 (before as well, but that's when it went completely out of control).

      The Republicans are clearly worse due primarily to the fact that they are *better* at being corrupt mainly because of the lockstep enabled by the fact that they only have 2 groups to cater to: Corporate power and religious extremists. The fact that hyper capitalism is the driving force behind the "moral decay of our society" since sex sells, escapes the religious extremists who keep voting against their own interests.
      Both of these groups can be compatible since Fascism (their chosen form of government) involves the merger of state and corporate power and religion is used to keep the sheep in line. See Nazi Germany for the canonical example.

      The Dems on the other hand are incapable of being as corrupt and evil as the Republicans since they have such a diverse group to cater to (corporate power is their main one as well, but they are unable to be as blatant about it as the Republicans are). The goals of all the groups making up both parties is to use the power of the state against the individual, but the Dems are saddled with groups looking to use that power against each other as well as against the other party's base.

      That fact does not in any way mean that the Dems and the Reps are not in lockstep on an issue like this which can be spun as both "religious" and "protecting the little guy" while really being about increasing government power over the individual.

  98. Re:Just Wait Until Your District Attorney Gets Hom by Doc+Ruby · · Score: 1

    Baby Boomers all came of age together. Without the continuum of older siblings/cousins/uncles of previous generations. Their parents, scared of the Depression, the Nazis, then the nuclear Cold War, let them get away with murder, while keeping them in line with fear - though the kids had cars, money, and places to go like movie theaters and rock concerts.

    So Boomers raised their own kids all too willing to both spoil them and let other authorities do the dirty work, so they wouldn't be "uncool parents" like their own.

    What I said is that parents, not the law, are responsible for disciplining kids. How come so many people in this thread think I said exactly the opposite?

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  99. Zero tolerance ~= Zero mind by peter303 · · Score: 1

    To be "safe" themselves many adminstrators employ zero tolerance. Posessing hings like plastic lunch knives can get you expelled.

  100. Clearly illegal? by dangitman · · Score: 2, Insightful

    Can someone tell me why "racy" pictures of someone under 18 are "clearly illegal"? The writeup doesn't even try to justify this statement or explain it - it is just said as if there can be no other possibility.

    --
    ... and then they built the supercollider.
    1. Re:Clearly illegal? by Tim+C · · Score: 1

      Yes; it's clearly illegal because it is explicitly against the law. You're not allowed to take that sort of picture of a minor, and under the age of 18 in that state, that's exactly what you are.

      There are plenty of other possibilities, but they mostly rely on the law not being as it is.

    2. Re:Clearly illegal? by dangitman · · Score: 1

      Yes; it's clearly illegal because it is explicitly against the law.

      Which law, and where?

      You're not allowed to take that sort of picture of a minor, and under the age of 18 in that state, that's exactly what you are.

      What are "those sorts of pictures"? I didn't realize there was a legal definition of "racy." There are pictures that some would consider "racy" of children in swimsuits in various shopping catalogs and advertisements. Are those illegal? What about family photos of kids playing naked? What about art?

      There are plenty of other possibilities, but they mostly rely on the law not being as it is.

      Laws vary across the country and across the planet. there is no single international law on this matter.

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      ... and then they built the supercollider.
  101. Re:Just Wait Until Your District Attorney Gets Hom by Doc+Ruby · · Score: 1

    No, because adults are different from kids. You are creating a vacuum in which to analyze my statement that exists only in your mind. There are all kinds of other valid assumptions, like "adults are responsible for their actions, kids parents are responsible for the kids".

    The point of the distinction is how to treat the kids. Because adults are not as able to be corrected by an authority figure disciplining them as are kids.

    And you know, every murdering drug dealer (or whatever other bogeyman you're afraid of) certainly does have a bad parent to blame for failing to raise them right. Certainly every one I've ever known or known of in my direct experience. What makes you so sure that your blanket statement is correct?

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  102. Third division would be worse. by Erris · · Score: 1

    by "not children" I didn't mean legally, I meant physically and emotionally and all that. ... there should be a third legal status in between "child" and "adult" for teens so shit like this doesn't explode.

    The ambiguity is precisely why there is a problem. You can not hold someone beneath the age of consent AND responsible for the abuse of their body the same time. Creating a nebulous third class would only make the problem worse. A person is either capable of making these decisions or is not.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
    1. Re:Third division would be worse. by Anonymous Coward · · Score: 0

      so twitter, how can we blame this on "M$"? any ideas?

  103. You need a middle ground by Anonymous Coward · · Score: 0

    My personal opinion:

    Adults can do anything they want in the bedroom.

    Mature teens who want to be treated as adults should apply for emancipation.

    Other teens and children need to keep sex with their own age bracket and keep pictures of themselves out of the public eye until they are adults. Limit it to friends and family. For practical purposes this means no emailing them around until they are 18. Once they turn 18 they should be able to spread the KP they made around all they want.

    Their own age bracket is like within 5-10 years or so of your partner with prison time and and sex-offender registries only for adults with a minor partner more than 10 years younger OR where it wasn't consensual.

    A 30 year old with a 14 year old or a 20 year old with a 4 year old should get prison, a 22 year old with a 14 year old or a 12 year old with a 4 year old should get a misdemeanor non-sex conviction. Both should get a full psych evaluation and if necessary free treatment.

  104. Re:Just Wait Until Your District Attorney Gets Hom by Doc+Ruby · · Score: 1

    And even a child should receive the appropriate discipline.

    And you don't find it at all odd that in this case, the law says that the children are responsible enough to decide for themselves whether to have sexual relations -- something that could result in anything from bringing a new life into the world to prematurely ending their own as a result of an STD -- but not to decide whether to let a friend simply photograph them?


    In fact I think that "children" (in terms of responsibility, not puberty) are more trustworthy with having sex with each other than with exchanging naked pictures. Teenage sex has thousands, millions of years of experience mitigating its risks. Sharing pictures has a few generations. The damage might not be as great with the pictures, but the probability of any damage is higher. That's why putting available parents, rather than unenforceable state presence, in charge of this discipline makes sense. Because parental discipline is more available, and more appropriate in its response.

    I don't see how you could read my post about how the parents are responsible and somehow decide I'm saying that the courts are responsible.

    This entire thread is about the courts (and by association, the prosecutors and related administration officials) deciding they are more responsible than the kids in question.


    So people are responding to the article when rebutting me, not responding to me though I rebutted the article? That's not worth arguing with.
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  105. Didn't the Court examine the pictures? by Anonymous Coward · · Score: 0

    Didn't the Court have to examine these photos? It's the judge we should charge with child pornography, in my mind! If it weren't for them, no one but the couple (who obviously have seen each other naked already) would've been looking at them!

    Dragging them into court is far more exploitative in my mind than punishing them due to some hypothetical exploitation they might undergo if... what? The kids handed them out to their friends? Even after the Court handed out all their pictures to everyone on the jury!?

    And for those ragging on the Christians as though we all support this, I'm a Christian and this is ridiculous. Yeah, fornication is sinful, but I'm sure as hell not going to support locking up children as if they were child molesters. That's just asinine.

    1. Re:Didn't the Court examine the pictures? by Anonymous Coward · · Score: 0

      Uhhh these people could be described as 'moral conservatives',they are not particularly religious(Ann Coulter,Bush,Televangelists). Christian morals however are supported by them and by vast numbers of Christians...

  106. Re:Just Wait Until Your District Attorney Gets Hom by Doc+Ruby · · Score: 1

    No, your problem is that you're ignoring the distinction between child and adult responsibility that absolutely obviously exists both in fact, as any reasonable adult (and most any reasonable child) knows, as well as the law which defines various kinds of responsibility that adults have which children don't.

    Other than mere denial, where are you getting your certainty that is totally counter to common sense?

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  107. The fact... by Belial6 · · Score: 1

    The fact that you use the sun expanding into a red giant as a frame of reference for time, makes the rest of the post completely believable. Very nicely done.

  108. Don't make judgements by Anonymous Coward · · Score: 0

    I, for one, am not going to make any judgment calls on these teenagers until I've seen the photographs for myself.

    Please?

  109. from my observation by alizard · · Score: 4, Insightful

    not understanding parenting concepts is a trait they have in common with their parents.

    1. Re:from my observation by Original+Replica · · Score: 4, Insightful

      True. There is the arguement that if you can't instill morality and responsibility in the first 15 years, what makes you think that a few more will make the difference? By the time I was in highschool my parents knew they could trust my judgement, they would still want to know what I was up to, but they had stopped making choices for me. For contrast, we all know what happens to kids that come from over structured housholds when they get to college. I think it's called "Girls Gone Wild".

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      We are all just people.
    2. Re:from my observation by Anonymous Coward · · Score: 5, Insightful

      I may not be a woman, but I came from an 'over-structured' household and yeah, I went a little nuts at college too. I drank like crazy for about 6 months and then ended up nearly dead at the hospital, which cured me of my alcoholism and introduced me to the wide world of debt (medical bills). My folks wanted to know every detail of every person I could ever conceivably hang out with and down to the minute wanted to know where I was going and when I'd be home. When I got to be about 16, I decided I knew better than my parents and started to lie about where I was going just so I could have an unstructured night with friends (eg, let's go to Bob's house for a bit- ok now let's go to Joe's house for a bit). Aside from saying I was somewhere I wasn't I always behaved and didn't do anything they wouldn't approve of- I just got sick of the micro-accounting and control. Anyway- you're spot on about what happens. I had sex with my first girlfriend around 15 too (like someone higher up in the thread here), and it didn't ruin me- we knew to be safe. The over-strictness even inspired a little of it- we went so far as to do it with my folks asleep upstairs just to 'stick it to the man' no pun intended.

      College is safely long over, but I definitely think back with some regret. I wish my parents had been less strict, but not one of those parents that just lets their kids do anything- kids love it but later it gets them. I agree that if you haven't put the foundations in place by even 12, without some real help kids are 'doomed' to get in trouble of some kind (pregnancy, the law, etc)- but that a certain diminishing amount of control must extend until college and until that time nearly everything is the parents' business- but not to the point that it requires a pre and post outing interrogation/debriefing. They certainly have a right to know, but an obligation to let their kids learn and live too.

    3. Re:from my observation by Noxx · · Score: 2, Funny

      we went so far as to do it with my folks asleep upstairs just to 'stick it to the man'

      I think you may have been doing it wrong. Maybe pay more attention in health class next time :)

      --
      Study everything, you'll find something you can use - Jason Bourne
    4. Re:from my observation by dscruggs · · Score: 1

      > "Girls Gone Wild"

      aka the preacher's daughter.

    5. Re:from my observation by Anonymous Coward · · Score: 1, Funny

      What a shock, Slashdot. All the people who claim to have lost their virginity at 15 get modded up. :P

    6. Re:from my observation by rts008 · · Score: 1

      I married a preacher's daughter, you insensitive clod!

      But, yeah...you're right- that's what pulled me in in the first place! ;)

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    7. Re:from my observation by dscruggs · · Score: 1

      Lucky you! I married a Godless Communist Chinese atheist. She doesn't even understand the basic idea of "acting out." ;)

    8. Re:from my observation by Anonymous Coward · · Score: 0

      For contrast, we all know what happens to kids that come from over structured housholds when they get to college. I think it's called "Girls Gone Wild".


      You say that as if it's a bad thing...
    9. Re:from my observation by Anonymous Coward · · Score: 1, Interesting

      While I cannot speak on your particular situation study after study has shown that kids from strict families end up better off than those from non-strict families. Discipline is very important in all aspects of life. And while it is possible to go overboard you are more likely to be harmed from a lack of discipline than from a bit more. As for your case have you considered that perhaps you just happen to have a wild personally naturally. It may be that the overly strict household that you so complain about now actually may have save your from even worse trouble at an even younger more vulnerable age.

    10. Re:from my observation by Anonymous Coward · · Score: 0

      It's funny, but back in college you could always tell the girls who came from the really oppressive homes. In the fraternity house, it was a pretty safe bet that the drunk girl on the dance floor making out with 3 guys at the same time was a freshman from a strict religious family.

    11. Re:from my observation by rts008 · · Score: 1

      Aaahhhh! grasshopper....patience is the key...(and suitable pr0n sites!)...Dazzle 'em with UR L337 Skillz, Sub-divide, and Konquer!!!!

      --
      Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  110. YOUR business? by alizard · · Score: 1

    So if they get caught at it, you'll be going to jail in their place?

    Nice of you, but it's an empty promise, the courts won't let you even if they agree with you that you deserve it.

  111. It takes a village by ynotds · · Score: 1

    Maybe it's the parenting concept we have got wrong, more especially since going nuclear.

    Read Judith Rich Harris's The Nurture Assumption with an open mind if you want to know where I'm coming from.

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    -- Our systemic servants do not good masters make.
    1. Re:It takes a village by Anonymous Coward · · Score: 0

      especially since going nuclear

      It's "nucular", ignorant gun-nut republican neocon redneck.

  112. Who was the victim in this case? by curlynoodle · · Score: 1

    Really, both parties, A.H. & J.G.W., while under-age, did this privately. How can the supposed "victim" also be the "perpetrator"?

  113. Here's the big issue by alshithead · · Score: 1

    How can they legally have sex but can't legally take sexual pictures of themselves? The law is an ASS! It is ridiculous to hold them to two different standards.

    As a side note, where are those pictures posted? :) Just kidding. I'm more than happy with all of the adult pr0n out there...so is my wife.

    --
    I reserve the right to think for myself. Others' opinions are optional. Puppy on lap = typos...not illiteracy.
  114. Re:They must have been putting the acid in the wat by dbIII · · Score: 1

    The rule of law to keep a just society is breaking down but that doesn't mean that it can't be fixed. Getting rid of a lot of political corruption was the answer to this in my state. The trick of moral outrage to get votes as used by hypocrites can really make a mess of things in the long run - these kids face the courts while those molesting minors in political offices get away with an apology.

  115. Re:Think of the children! + The complete opinion by Anonymous Coward · · Score: 0

    I don't know what these kids did to piss the prosecution and the court off, but there is clearly malicious intent here.

    The short answer as to why these kids were prosecuted is: puritanical paternalism. You can practically see it oozing from Wolf's opinion, which can be read in full here: http://opinions.1dca.org/written/opinions2007/1-19 -07/06-0162.pdf

  116. Re:Just Wait Until Your District Attorney Gets Hom by misanthrope101 · · Score: 1

    No, these laws are intended to reinforce the puritanical idea that sex outside of marriage is wrong. They are also intended to give parents a club to use against boyfriends they want to get rid of. Yes, evil trenchcoat-wearing pedophiles were the pretext used to get the ball rolling, just as evil terrorists were used to get the ball rolling for the Patriot Act and other powers on the government's wishlist. Most sexual abuse occurs in the home, yet strangely the most draconian laws apply to those outside the home.

  117. Re:Just Wait Until Your District Attorney Gets Hom by Anonymous+Brave+Guy · · Score: 1

    Teenage sex has thousands, millions of years of experience mitigating its risks. Sharing pictures has a few generations. The damage might not be as great with the pictures, but the probability of any damage is higher.

    Your argument doesn't make sense. No damage was caused here. Even if the couple concerned split up in the future and one of them is nasty enough to distribute the photographs of the other more widely, that distribution won't mean that the taking of the photo in the first place suddenly became abusive, any more than every time I slept with my ex-girlfriend became rape just because at some later time things didn't work out and we split up. The laws against things like child pornography are there to prevent exploitation and abuse, and neither appears to have happened in this case. Nothing that happens in the future will change that.

    (There could, of course, be other kinds of damage caused by distributing those pictures, but that would be true of adults with similarly bad manners too. I wouldn't object to making such distribution illegal on privacy grounds, but this has nothing to do with whether minors were involved.)

    So people are responding to the article when rebutting me, not responding to me though I rebutted the article?

    I was responding to both, and my views on the behaviour in the article are indepenent of my challenging your position on this issue.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  118. Sex Offender List by Anonymous Coward · · Score: 1, Funny

    At least I can keep track of these deviants using the Florida Convicted Sex Offender Database! When a 17 year old girl convicted of Sex Crimes moves in to my 'hood, I'll no *exactly* what to do!

    1. Re:Sex Offender List by Anonymous Coward · · Score: 0

      I'll no *exactly* what to do!

      Know, you won't.

  119. Only One Rule Matters (maybe two) by NicknamesAreStupid · · Score: 1

    These two indiviuals broke the first universal rule of civilization -- Do Not Get Caught. Regardless of the act, the circumstances, the laws and their penalties, this is the only thing that truly separates the persecuted from everyone else. Kids should be taught that there is no redemption, no hope once you've been had, and no chance to recover their innocence.

    On the other hand, if they can take the punishment shovelled out by these persecutors and treat it like it never happened, then they can rise above the masses and join the ranks of Paris Hilton and Dick Cheney. Remember the second universal rule -- If You DO Get Caught, Never Act As Though It Bothered You Even In The Slightest Little Bit.

  120. Redundancy by Dr.+Cody · · Score: 4, Funny

    Damn, I'd like to see Puritanism gone wild:

    Puritans Gone Wild XIV: Cape Cod Cuties

    You've never seen ankle-baring like this!

    1. Re:Redundancy by Anonymous Coward · · Score: 0

      LMFAO - figures my mod points expired this morning... I would have given you all five!

      That was inspired. Bravo.

    2. Re:Redundancy by diablomonic · · Score: 1

      debbie does utah

      --
      watch "the money masters" on google video
    3. Re:Redundancy by Minwee · · Score: 1

      You know, this _is_ The Internet. Such sites already exist.

    4. Re:Redundancy by sfjoe · · Score: 1

      Damn, I'd like to see Puritanism gone wild:

      You have - remember Ted Haggard?

      --
      It's simple: I demand prosecution for torture.
  121. Separation of powers by The_Wilschon · · Score: 1

    Where are the judges who take a look at this case, say, "Well, this case is fucking stupid, and so is the law. *gavel* You're free to go, and here's $10,000 from every senator, for making you sit through this bullshit?"
    Where are they? Well, they're off in some other country in which the judicial branch of government is also the legislative branch. Over here in civilization, we have what's sometimes called "separation of powers" (in theory anyway).
    --
    SIGSEGV caught, terminating

    wait... not that kind of sig.
    1. Re:Separation of powers by geminidomino · · Score: 3, Insightful

      You do realize that saying the lawyer-speak equivalent of "this law is fucking stupid" IS the baliwick of the Judicial branch, don't you? You might have heard of the Mighty Council of Super Lawyers Lamda Force 9... at least, that's the anime name... They're probably called something different in Real life. Hell, they're so uber-powered they can make laws go away COMPLETELY by comparing it to an old piece of paper! Impressive stuff...

      There is more than just "seperation of powers" involved. There is a theoretical setup "checks and balances" (although in reality, it works more like it was designed by Blizzard, and the president gets to be the Shaman) where the dickhead lawyers in the legislative branch can make a dickheaded law, and the courts (theoretically) have the power to fix it. Just because a traitor and his cabal of asshats want to call them "activists judges" DOESN'T actually mean that that's not thier JOB.

    2. Re:Separation of powers by The_Wilschon · · Score: 1

      It was not thought of as their job when the Constitution was written. And no amendment to the Constitution has been made to make it their job. Yes, there is a theoretical "checks and balances" setup. But, as you have noted in regards to the President, it has largely been broken down by asshat politicians (including judges) trying to grab more power for themselves.

      The proper (not actual today) job of the judicial branch is to decide whether the law says person A or person B is more in the right. If the laws are in conflict, the Constitution wins that battle. Saying a law is inconsistent with the Constitution is worlds away from saying "This law is fucking stupid, now take it away". If the laws do not conflict with the Constitution, there is no way in heaven or hell that any judge should arbitrarily decide to ignore the law. Yes the supreme court can make laws go away by comparing to an old piece of paper... But checks and balances only work properly if that is the only way they can change the laws.

      The judges do not just sit down and say "Well, I think that person A is more right than person B". They sit down and look at the laws as they stand on the books, and determine whether the laws as they stand on the books think that person A is more or less right than person B. In short, judges do not get to strike down any law they choose just because they don't think it is a good law. Nor do they get to decide against what the law says.

      If the law says "If a person sues another person because they don't have the same favorite color, then the plaintiff wins", and some dude sues some other dude because they don't have the same favorite color, the judge must either decide for the plaintiff or find some very specific and definite piece or pieces of the Constitution that are inconsistent with that law. I doubt that such a law would be unconstitutional (ridiculously stupid, but not unconstitutional), so if such a law were passed, then it should take an act of legislature, not the supreme court (or any lesser court), to do away with it again.

      Now, of course, this is all in theory; this is all how the government was originally envisioned at the time of writing of the Constitution. Things have changed, and today our government only superficially resembles the original vision. So yes, today the courts can decide, oh to fuck with this old "rule of law" thing, I'm just going to set a precedent that this law will not be enforced.

      And you think that's a good thing?

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    3. Re:Separation of powers by geminidomino · · Score: 1

      so yes, today the courts can decide, oh to fuck with this old "rule of law" thing, I'm just going to set a precedent that this law will not be enforced.

      And you think that's a good thing?


      Hell yes. The thing the Judiciary and Legislative branches have in common is that they're all made up of lawyers. The big difference is that you CAN have a rare "ethical lawyer" on a judge's bench, whereas it's antithetical to a position in congress. If there's one thing lawyers are good at, besides accelerating the downfall of society, it's picking nits. So scumbag Congressmen can pass a law not explicitly banned by the constitution, or words it just right to put it in a grey area, and poof... we have the USAPATRIOT act.

      Anything that can end up in fewer stupid and/or redundant laws is a good thing.

    4. Re:Separation of powers by bvdbos · · Score: 1

      Of course it's a judge's job to uphold the law. But it's also a judge's job to judge wether a specific law is used for the purpose it was written for. Judges are no machines, the have to consider each case individually. In this case a judge should rule that, though on paper the law states one thing, it's not meant for the case described and he/she should rule not guilty. In fact, the numerous cases where judge's should not blindly apply the law and I'm glad in the Netherlands we have judges who dare to stand up to misuse of laws...

  122. That was my goal.... by Chmcginn · · Score: 1

    My work here is done.

    --
    Have you been touched by his noodly appendage?
  123. I guess irony isn't dead by Anonymous Coward · · Score: 0

    Yet the schools expect the kids to be having sex, but playing doctor is outlawed. Where is the logic in this? Sure, they did something wrong, but the application of the law in this case is absurdist humor, not jurisprudence.

    I guess irony isn't dead.

  124. To quote George Carlin by vitality-jtw · · Score: 2, Insightful
    From You're all Diseased:

    "Whatever happened to 'you show me your pee-pee and I'll show you mine'".

  125. Well this is Florida by tkrotchko · · Score: 1

    Florida is so weird that at www.fark.com, Florida stories have their own section.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  126. I Read TFA by bryan1945 · · Score: 1

    Without reading any of the comments, all I can say is...

    What the fuck!

    The girl's computer may be hacked? That makes it a crime? Now that we replaced Polariods with digicams everything is illegal? Guess I better burn down my house to make sure that the Polariods with previous girlfriends (all the same age) are gone. DOn't want 17 year old charges to screw up my life now.

    --
    Vote monkeys into Congress. They are cheaper and more trustworthy.
  127. If you're too young to consent by aussie_a · · Score: 5, Insightful

    If you're too young to consent to having sex then you're too young to be prosecuted under laws relating to children and sex. Surely someone can't be so young that they don't understand the issues and yet old enough to be prosecuted by the law?

  128. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  129. Florida by Master+of+Transhuman · · Score: 1


    What can you expect from a state where the tourist brochures state that, because of the heat, you lose up to ten percent of your mental capacity? Which most people don't have too much of to start with...

    I lived there for a year back in the Eighties (not by choice). Florida is full of redneck morons, drug dealers, wizened retirees (including my father, which is why I was there), and assorted other losers. It's on a par with Texas, Oklahoma, and other benighted states with backwards, inbred cretins.

    The state needs to fall into the bottomless pits it's built on. (No joke, they have sinkholes all over that state. A two-lane fifty-foot section of freeway suddenly disappeared into a sinkhole some years back.)

    Prosecuting two teens for sending racy pictures to each other is the dumbest thing I've heard all week (next to Dell and their power supplies, and Intuit for making QuickBooks require the Administrator account to run.)

    Change Florida's motto to: Florida - the Chimpanzee State.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  130. This is..... by IHC+Navistar · · Score: 1

    Purely ridiculous.

    What if they argued that the photos were inadmissable because they were a violation of their 5th amendment rights? Just a thought.....

    --
    Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
  131. Only solution to our problems by Anonymous Coward · · Score: 0
  132. How about this one by GotenXiao · · Score: 3, Insightful

    Age of consent in the United Kingdom is 16.
    You have to be 18 to view pornography.

    So, in short; you can go out and fuck like rabbits and spread your genetic code, but god forbid you see any naked pictures.

    --
    Goten Xiao
    1. Re:How about this one by Rande · · Score: 1

      In NZ, you can appear in a porn movie/mag at 16.
      But you can't watch it until you are 18.

  133. No, this was not why this judgement was made. by Anonymous Coward · · Score: 0

    There seems to be a lot of misinformation going around about this one. The reasoning being the majority's decision was that, as the law was intended to protect children who were not fully aware of the potential harm that could come to them if they participated in this kind of activity, that they needed to be punished to protect both society from the pictures and their future selves should the photos get out.

  134. I don't think you fully realize the consequences. by StarKruzr · · Score: 3, Informative

    They violated CHILD PORN laws. Now they have to register as sex offenders.

    Stop and THINK. Does this make ANY SENSE whatsoever? They have to be labeled sex offenders for the rest of their lives because they were emailing EACH OTHER dirty pictures?

    --

    +++ATH0
  135. Didn't they up the age? by phorm · · Score: 1

    I believe that heard recently on the news that they had upped the age to 16, or perhaps it was just that they were trying to.

    I also believe that while the actual act between the two might be accepted under law, the pictures might still be illegal... depends on what judge you get I guess.

  136. I Call BS by Anonymous Coward · · Score: 0

    das fail to press charges all the time for known illegal behavior.

    not filing charges doesn't make the pictures legal.

    give me a break.

  137. Wrong defendants tried by UnderCoverPenguin · · Score: 1

    The key point of the majority opinion seems to be that the law was also inteded to project minors from their own mistakes. Given that, it seems to me that if anyone should have been charged and tried, it should have been the parents of the two kids. The majority even admitted the kids clearly did not have the maturity to properly assess the risks invovled with taking, storing and transfering the pictures. As such, it would have the parents' responsability.

    --
    Don't try to out wierd me, three-eyes. I get stranger things than you, free with my breakfast cereal. --Zaphod Beeblebr
  138. Your sig. by TerranFury · · Score: 1

    >The tree of liberty must be refreshed from time to time with the blood of virgins.

    Tell me... is this a reference to satanism, or... the first time?

    1. Re:Your sig. by Anonymous Coward · · Score: 0
      I'm not the parent, but its a play on Thomas Jeffersons quote:

      The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants
    2. Re:Your sig. by TerranFury · · Score: 1

      Yeah, seen that one once upon a time in history class. Thanks tho'.

  139. Read some history if you're interested.. by Cryptnotic · · Score: 4, Informative

    First of all, the U.S. was not founded by Puritans. If I recall correctly, the Puritans were pacifists and believed in creating a pure religious society. The founding fathers of the United States rejected the idea of official state religion (though they may have been religious themselves) and they were certainly not pacifists when they organized a military secession from England.

    As for colonization, that wasn't the American way, it was the European way. The English, French, Spanish, Portuguese, Dutch, and Russians all took colonies in the Americas.

    --
    My other first post is car post.
    1. Re:Read some history if you're interested.. by daveb · · Score: 1

      >First of all, the U.S. was not founded by Puritans.

      ummmmm - nope.

      sure the "Puratins" and "Pilgrams" were not identical. but you have to be pretty heavily into your 16thC religious sects to notice the difference. From my point in space & time they are near enough to the same bunch of nutters.

      so - if you don't think the Pilgrams founded the US then fine. But otherwise you are way wrong.

    2. Re:Read some history if you're interested.. by dryeo · · Score: 1

      Well considering Puritans were behind the English civil war which ended up with King Charles losing his head I don't know if you could call them pacifist. (Quite a few American Puritans even returned to England to fight in the civil war).
      Also it seems that the USA expanded to the west partly through colonization. (as well as purchase and war)

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    3. Re:Read some history if you're interested.. by Hal_Porter · · Score: 1

      Technically, wasn't America founded by the Native Americans?

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    4. Re:Read some history if you're interested.. by ross.w · · Score: 1

      If I recall correctly, the Puritans were pacifists and believed in creating a pure religious society.
      You mean like Oliver Cromwell?
      --
      If my call is important, why am I talking to a recording?
    5. Re:Read some history if you're interested.. by Anonymous Coward · · Score: 0

      ...pacifists?

      I take it hanging and drowning people is your definition of non-violence? My apologies, but whatever they called themselves or intended to do, they missed the mark by a fucking mile.

    6. Re:Read some history if you're interested.. by epee1221 · · Score: 1

      If I recall correctly, the Puritans were pacifists

      You must be thinking of Quakers.
      --
      "The use-mention distinction" is not "enforced here."
    7. Re:Read some history if you're interested.. by be-fan · · Score: 1

      No, because the native Americans never founded a country here.

      --
      A deep unwavering belief is a sure sign you're missing something...
    8. Re:Read some history if you're interested.. by bogjobber · · Score: 4, Informative
      If I recall correctly, the Puritans were pacifists and believed in creating a pure religious society.

      You're thinking of the Quakers. The Puritans were very religious, but were in general much crazier than the Quakers (as in Salem witch trial crazy).

      As for colonization, that wasn't the American way, it was the European way.

      Try telling that to the Native Americans, Spanish, Mexicans, Cubans, Filipinos, native Hawaiians, Hondurans, Guatemalans, Costa Ricans, and Panamanians/Colombians. Sure it isn't colonialism in the same way or on the same scale of the Europeans, but we've definitely set up colonies (both actual and "neo-colonies").

      Note that I'm not necessarily criticizing all of those situations, or agreeing with the GP poster. But you have to at least acknowledge historical fact. Just because we don't call everything outside of the original 13 states colonies does not change the fact that that is what they originally were.

    9. Re:Read some history if you're interested.. by daveb · · Score: 1

      >>Technically, wasn't America founded by the Native Americans? >No, because the native Americans never founded a country here. just several Nations So a little correction. Founded on genocidal invading puratins

    10. Re:Read some history if you're interested.. by Anonymous Coward · · Score: 0

      "As for colonization, that wasn't the American way.."

      Yup, true enough. You only colonize when you have some other humans to consider. The indians weren't human, more like vermin we had to exterminate.

      It' just like the Israelis - God gave us this land, and we'll kill anyone who says He didn't!

    11. Re:Read some history if you're interested.. by houghi · · Score: 1

      As for colonization, that wasn't the American way, it was the European way. The English, French, Spanish, Portuguese, Dutch, and Russians all took colonies in the Americas.


      The only reason that it wasn't the American way, was because all the rest was already occupied, not because the US was against it.

      The US would have gladly colonized other countries if they would have gotten the chance. They even bought parts of their country. Pure economics. It was cheaper then to just steal it.

      Also one could say that after the initial 13 states, the rest was colized
      --
      Don't fight for your country, if your country does not fight for you.
    12. Re:Read some history if you're interested.. by fyngyrz · · Score: 1

      Technically, wasn't America founded by the Native Americans?

      No. There were people here well before asians (those people typically called "American Indians") crossed from Alaska. We find their remains now and then. Those people would be the founders, if your criteria is simply who was here first.

      If your criteria is political (which it should be, as this is a political system we're talking about) simply observing recent history, American Indians didn't "found" anything to do with the US political system, mostly they got in the way, and for that, they were killed or herded into designated land zones and told to stay there, pretty much.

      Technically speaking, the people who founded the USA can be identified easily by their signatures on two documents; first, as a matter of separation from England, the Declaration of Independence. Second, and considerably more importantly in terms of legal underpinnings, the Constitution.

      --
      I've fallen off your lawn, and I can't get up.
    13. Re:Read some history if you're interested.. by Slithe · · Score: 1

      Bullshit! If The U.S. had seriously wanted to colonize other countries, we would have supported William Walker.

      --
      ---- "XML is like violence. If it doesn't fix the problem, you aren't using enough."
    14. Re:Read some history if you're interested.. by Anonymous Coward · · Score: 0

      "As for colonization, that wasn't the American way, it was the European way."

      Wow, tell that to the Native Americans, whose land was conquered and settled. Tell that to the Phillipines, Nicaragua, Grenada, Samoa. Tell it to the hundreds of countries today packed with US bases, economically dominated by the US and politically constrained as de facto client states.

  140. Re:First Thought: Sweet Jesus, It's Florida by Anonymous Coward · · Score: 0

    You're thinking of Georgia and Alabama, not Florida as a whole. Florida, remember, is divided into two areas: South Georgia, and North Cuba.

    (Yes, I live in FL)

  141. Re:I don't think you fully realize the consequence by phulegart · · Score: 0, Flamebait

    It makes perfect sense. They are minors, as far as child porn is considered. They are responsible for producing that child porn. The fact that they believed they were above the laws just because of their ages, or the fact that they wrongly believed noone would find out, doesn't change anything.

    They thought they knew what they were doing. They did not. They should face the consequences, and others should learn from their mistakes, and wait until they are 18 before emailing nude pictures of themselves anywhere.

    --
    "I love deadlines. I love the whooshing sound they make as they fly by." -D. Adams
  142. Buggy laws by DimGeo · · Score: 1

    Laws with bugs. You shouldn't fix the bugs, because, you see, someone might be relying on the broken behavior already. If they need the bugfixes, let them just buy... uhm... I mean wait till the next version.

  143. Indeed... by Anonymous Coward · · Score: 0

    But if your mom's a MILF, you won't blame us for wanting to take up what you're passing on, right?

  144. Demographics by abb3w · · Score: 1

    But you see, here in The Land Of The Free (TM)*, the majority of the population see boobies and even sucks on nipples frequently for the first few months of their lives. Then they aren't allowed to see them again for 18 years.

    Wrong; that's the minority. Sometime before hitting eighteen, the majority usually get their own personal set to play with — but the Religious Reich frown on it, and yet never forgive them if they ever try to suck on anyone else's boobies ever again.

    --
    //Information does not want to be free; it wants to breed.
  145. Re:I don't think you fully realize the consequence by Stormwatch · · Score: 1

    No, it does not make sense. They're being punished for commiting a VICTIMLESS CRIME.

  146. Where were the parents . . . by Anonymous Coward · · Score: 0

    No matter what, kids only use digital cameras, computers and the Internet if their parents allow them. And, even then, they should be supervised. I would be surprised if the parents weren't held responsible. I believe they should be.

    Children are just that . . . children. And, if the parents don't bring them up right . . . this kind of thing happens. And, it _is_ the parents fault.

    Yes, I have a teenager who lives in my home . . . No, she doesn't have unsupervised Internet access. No, she doesn't have a digital camera of her own.

    Sometimes, kids do things they shouldn't . . . even when they know better. But, if I found out one of my kids created such pictures, I would immediately have the pictures destroyed, and then I would punish the child for being stupid.

    The parents of these children need to be counseled on proper parenting. I would throw the lot of them in jail together.

    And, no this isn't flame-bait. This is serious stuff. Kids aren't being raised right these days. And, when they aren't raised right, this is the kind of thing that happens.

    1. Re:Where were the parents . . . by Wonko+the+Sane · · Score: 1

      People you are a great example of why a religious upbringing forced on innocent children should be considered child abuse. ...fuck posting anonymously. let the karma burn

  147. Re:Just Wait Until Your District Attorney Gets Hom by Creepy+Crawler · · Score: 1

    What I find interesting, Doc Ruby, is when a kid is at school and does a crime.

    Does the school not hold guardianship when he/she is there? From what I have gathered (at least in Indiana), it does.

    Why doesnt the school get in trouble: eg the principal, teachers, or guidance councel? Strange it only applies to the parents, not the guardians they spend at 8+ hours mandated a day...

    --
  148. Why is HE only being charged with posession? by Anonymous Coward · · Score: 0

    A copy would be in HER outbox/sent_messages too.

  149. Re:Just Wait Until Your District Attorney Gets Hom by Creepy+Crawler · · Score: 1

    ---How come so many people in this thread think I said exactly the opposite?

    Im sorry, but it's slashdot. Critical thinking is not required. Only being critical is.

    --
  150. Abstinence by Anonymous Coward · · Score: 0

    And not only that, they even make sex toys for the abstinent (NSFW)

  151. Not so fast by orthancstone · · Score: 1

    If anything, they've been doing LESS with sex education for years now. More and more, abstinence is being taught as the only form of sex education. Researchers who tried to prove abstinence-only education was superior reported that it is actually worse in all forms than more informative education. The education becomes more and more sparse as you move out from major cities and into smaller communities. A lot of this can be put on the morals movement we've been seeing for the last decade or so since a certain leader got some action in his office. They like to believe that lack of information being given to teenagers = lack of willingness by those teens to feel like sex is something they should do. They say that having a condom in hand will encourage them to have sex. You are right, responsibility is the issue and teens need to understand it. But then again, so do the people that are on the moral crusade to eliminate all forms of discussion about sex. They need to understand that responsibility is about having the knowledge to make the right decision.

  152. Just Great by EightySeven · · Score: 1

    Now you've gone and got the foot fetish people interested.

  153. 2 for 1: Free HIV with the purchase of crystal by Dr.+Cody · · Score: 2, Interesting

    Okay, most of you guys know that Ted Haggard was a churchman who got outed by a jilted gay prostitute. Many of you also probably know about him buying amphetamines from the aforementioned gigalo. What most of you don't know is just what happens when you put 2 and 2 together:

    Anal on crystal meth reachs levels of debauchery which heterosexuals have no grasp of. The combination of the two makes that awkward, snappy preacher a much harder man than most any of you ever will be. Imagine, if you will, two men fucking and fucking to the very limits of what they are physically capable of doing--and doing that for hours without slowing down. With enough meth you can stay up for a week, but, if you know what you are doing, you can turn that pile of crystal into a multi-day, multi-partner orgy with only the most minimal breathers. You can fuck to a point where you normally wouldn't just have lost interest, but also been experiencing too much pain to continue. Nothing matters but the fuck: not pain, not protection, and not exhaustion.

    Just think about that next time you see him dressed pretty for the cameras.

    1. Re:2 for 1: Free HIV with the purchase of crystal by Dirtside · · Score: 1

      Anal on crystal meth reachs levels of debauchery which heterosexuals have no grasp of.

      Yeah, because heterosexuals are clearly incapable of performing anal sex or using crystal meth.
      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
  154. I cannot STAND by n33kos · · Score: 2, Insightful

    I fully understand and agree with the laws whose purpose is to protect minors from being exploited by adults, but I absolutely cannot stand the ignorant behavior that most adults exhibit. The lawmakers seem to believe that once a person turns eighteen, they suddenly receive vast amounts of knowledge and wisdom that qualify them to make responsible decisions. Conversely, they believe that NO "child" who is under 18 could possibly understand the consequences of their actions.

    Bullshit....

    A seventeen and sixteen year old couple is COMPLETELY aware of the possible consequences of their actions, but unlike the adults who OBVIOUSLY "have it right", they don't care. They don't care because they have their entire lives ahead of them! It seems that the "adults" forgot what it was like to be sexually excited by the person you are involved with. Not only do they have every right to do whatever they want with each other sexually, but to actually believe that "These children are not mature enough to make rational decisions concerning all the possible negative implications of producing these videos." shows direct disrespect toward humanity. Just because the laws say that these people are some sort of primal creatures until they turn eighteen doesn't make it true.

    Could we maybe just accept the possibility that 'children' are humans, not animals.

    p.s. This happens ALL the time. the ONLY reason that these kids are facing consequences in the future is the overreaction of the authorities. Great job, you're fucking up peoples lives because they have sexual desire. (of course its the American way to persecute other people based on your own beliefs. Thats what Jesus would have done! /sarcasm )

  155. Let's really think about this. by vakuona · · Score: 1

    If you were caught with a picture of these two kids. You would be sent to jail. No question. Is that right?

    If these two 'kids' mutually agreed to send out their pics to other people, should they be prosecuted?

    Now, can it be illegal to have pics of these two kids if there are situations under which the possession of such pictures might not be illegal. I mean, does the law really care who took the pictures, and the circumstances. Perhaps a judge has to consider that he might make a ruling that leads to a very slippery slope. So maybe these kids hope for a mistrial or something, or they are convicted, but not really punished so as not to set a dangerous precedent.

  156. Try them as adults! by nessus42 · · Score: 3, Funny

    I think an example needs to be made of these kids -- they should be tried as adults!

    I'm worried, however, that then the Florida legal system might disappear in a puff of logic....

    |>oug

  157. Why not... by jojo80 · · Score: 1

    ...send a polite email to wolfj@flcourts.org? That ruling is just ridiculous. Really, who didn't take pictures when discovering sexuality? I know, I did. Sure, those weren't digital cameras, and the risk of spreading the pictures was a lot lower. But even if these pictures were leaked - shouldn't those that get in posession of the pictures be punished?

  158. Not yet. by Hamster+Lover · · Score: 1

    The bill is still winding its way through parliament, if I am not mistaken.

    As for underage pictures, the SCOC ruled several years ago that so long as the sex is consentual and video or pictures not transmitted or viewed by others, the act of recording underage sex is not illegal.

  159. Re:I don't think you fully realize the consequence by imthesponge · · Score: 1

    The child is the victim when child porn is produced. How can someone be the victim and the perpetrator of the same crime?

  160. Serious stuff to consider... by Anonymous Coward · · Score: 0

    This sort of worries me...I mean, I turned 18 in December. But my girlfriend whom I've been in a relationship with for about 2 years is only 16. Since 16 is the age of consent here though, we weren't exactly worried about how our relationship would be viewed as. The thing is though, she was thinking of giving me pictures of herself for Valentines day. But according to this article, it seems like I could be persecuted for possessing child porn. Just seems a little unfair on principle. I mean, I'm a normal upstanding, law-abiding guy. Eagle Scout even. I find the idea of exploiting young children for pornography disguisting. It's just so happened that I turned 18 at time when my girlfriend was 16, and that I just so happened to still find her sexually attractive despite turning adult all of the sudden. -_- Sigh...I'm going to get a visit from the partyV&, aren't I? Might as well post anonymously...

    1. Re:Serious stuff to consider... by Anonymous Coward · · Score: 0

      /b/tards don't have girlfriends.

    2. Re:Serious stuff to consider... by vakuona · · Score: 1

      I really hope you didn't post this from your home PC.

  161. Well.. by The+Creator · · Score: 1

    It should. The law however, should not make all child pornography illegal.

    --

    FRA: STFU GTFO
  162. Flash!... February 11, 2020 by Genda · · Score: 1

    The Florida State Legislature today, unanimously decided to have all childen's genitalia removed at birth. In an overwhelming show of religious solidarity... The state legislature deemed that all conversations, images, and thoughts regarding to sex, would be witheld from children until the age of consent at which time their genitalia would be returned, and re-attached. As well it was decided that the age of consent would be raised to 30.

    In a related story, the Florida state legislature has decide that all adults who have not had a child within the last 5 years would have to turn in their genitalia for reasons of "Non-Use". When asked, a representative said "If you're not making babies, then you don't need'em anyway. They just cause all sorts of trouble." Later when members of the press asked why the state legislature had exempted themselves from the bill, the legislature simply blushed and failed to respond.

    Genda

  163. Overshooting your goal. by Anonymous Coward · · Score: 0

    The article reads as a concerned group (the Law) wanting to shield two youngsters from their own mistakes ...... by butchering them to death.

    Its allmost as laughable/depressing as that (American) state which punished an attempted suicide by .... a death-sentence.

    And you know whats funny about the whole ? If a parent had attempted to do pretty-much the same (emotionally and profesionally scarring their own child for life) they would probably be prosecuted and put behind bars for child-molestation.

  164. Well yes and no by Anonymous Coward · · Score: 0

    IANAL, But if it goes to court they have to be found guilty, or it'd set precedent, it shouln't have ever gone to court, but even now it has I'd hope they'd get something like a $50 fine and turned over to there parents, who no doubt would do far worse :)

  165. License for being a parent by master_p · · Score: 1

    Why not require a license for being a parent? why do I have to have a driving license and not for something far more serious than driving?

    1. Re:License for being a parent by Anonymous Coward · · Score: 0

      Obviously you intend that sarcastically, but how would you enforce that? Government bans on sex, or government mandated abortions? You can see why this isn't palatable.

    2. Re:License for being a parent by TheLink · · Score: 1

      Given that it's generally considered preferable to test drugs on animals before using them on humans, I suggest that we test prospective parents on animals first before they get allowed to bring up children .

      They have to successfully bring up a dog or some other pet first. Then a bunch of certifiers come and see if the animal is well-adjusted and doing fine. If not, then they see if it's the fault of the prospective parents. ;).

      --
    3. Re:License for being a parent by HuguesT · · Score: 1

      Rightly or wrongly, this idea would mean the end of mankind.

  166. Evolution of gn0rty by AIFEX · · Score: 1

    Its exactly this kind of cotton wool wrapped society that we now live in that is giving us increased crime rates and reasons to fear going outside. When I was kid (here we go.. ;P), I got slapped, I got grounded, I ate what I was given and I did as I was told. These days kids are so wrapped up that no one can do anything to keep them inline and, further, this results in a massive decrease in life experience which consequently harms natural developement. I dont play with the mains electricity after I replaced a resistor in a plug with a gold screw "just to see what would happen" when I was about 12, (240v is what happened). not that I condone letting kids play with the mains :P But I imagine you get my point. :)

    --
    Biomech
  167. So now racing is illegal? by master_p · · Score: 1

    what next? walking will be prohibited too?

  168. Maybe it's just me... by Anonymous Coward · · Score: 0

    ...but this topic is worthless without pics.

  169. obligatory onion link by pimpimpim · · Score: 1
    --
    molmod.com - computing tips from a molecular modeling
  170. American justice jumps the shark by Anonymous Coward · · Score: 0

    Something that could potentially have repercussions that are quite serious.
    Right, so to protect this girl from being embarrassed in public, we'll embarrass her in public, and to protect her from harming her career prospects, we'll give her a criminal record for child pornography?

    At least when America was only executing minors and the mentally impaired, or giving people life sentences for stealing pizza, there was a tendentious argument that it was protecting the public from criminals. But this? This is like executing victims and banning pizza in case it gets stolen. "We had to destroy that girl's life in order to save it."
  171. Creating a class of criminals by Oshkoshjohn · · Score: 1

    Frank Zappa, deceased i9conoclast, once wrote - Eventually it was discovered that God did not want us to be all the same. This was bad News for the Governments of The World as it seemed contrary to the doctrine of Portion Controlled Servings. Mankind must be made more uniformly if the Future was going to work. Various ways were sought to bind us all together. But, alas same-ness was unenforcable. It was about this time that someone came up with the idea of Total Criminalization. Based on the principle that if we were all crooks, we could at least be uniform to some degree in the eyes of The Law. Shrewdly, our legislators calculated that most people were too lazy to perform a Real Crime. So new laws were manufactured, making it possible for anyone to violate them any time of the day or night, and once we had all broken some kind of law we'd all be in the same big happy club, right up there with the President, the most exalted industrialists, and the clerical big shots of all your favorite religions Total Criminalization was the greatest idea of its time, and was vastly popular except with those people who didn't want to be crooks or outlaws. So, of course, they had to be tricked Into It, which is one of the reasons why Music was eventually made illegal. FRANK ZAPPA - "Joe's Garage" (1979)

    --
    Goddamned kids! Get off my lawn!
  172. Re:Just Wait Until Your District Attorney Gets Hom by Doc+Ruby · · Score: 1

    Minors don't have the maturity to decide whether giving someone naked pictures of themselves as children is a bad risk. Unless their parents decide they do, which is a very iffy judgement.

    And FWIW, disagreeing with the article's described behavior by disagreeing with me in terms that agree with me when I disagree with the behavior is stupid.

    --

    --
    make install -not war

  173. But how did the police find out? by Holistic+Missile · · Score: 1

    Court records don't say exactly what happened next--perhaps the parents wanted to end the relationship and raised the alarm--but somehow Florida police learned about the photos.

    If it was one of the parents who reported it to the police, did they send them copies of the photos as evidence? If so, they could be the root of a distribution tree that would likely include the police, the lawyers, the D.A.'s office, and the judges. If a few people send the photos to two people, who each send them to two people, who also send them to two people, etc.... Well, you get the idea! Some of those people may post them on websites, forums, or newsgroups. The distribution could be widespread in no time. Who are the criminals?
    --
    When you're dead, you don't know you're dead. It only affects the people around you. Same thing when you're stupid.
  174. This thread is worthless without pics by Anonymous Coward · · Score: 0

    Obvious observation that was required...

  175. Hear hear! Mod parent up! by Anonymous Coward · · Score: 0

    Hear hear! Mod parent up! Hear hear! Mod parent up! Hear hear! Mod parent up!

  176. Re:I don't think you fully realize the consequence by canadian_right · · Score: 1

    Racy photo's are not "dirty". They are erotic, and in this case should only be viewed by the two young lovers.

    --
    Anarchists never rule
  177. Laws by TheLink · · Score: 1

    Heh, they're lucky they weren't in Georgia. Some 17 year old guy got jailed 10 years for "aggravated child molestation" - he had _consensual_ oral sex with a 15 year old girl.

    --
  178. I don't doubt by Anonymous Coward · · Score: 0

    that your parents didn't understand parenting concepts.

  179. if there were an award by Ender+Ryan · · Score: 1

    If there were an award for Most Ridiculous Person on Slashdot, you would win it. You want two consenting teenagers charged as pedophiles... That is just staggeringly idiotic, and smacks of you being a total fascist. FFS man, what is wrong with you?

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  180. We all knew this was going to happen... by pissedoffamerican · · Score: 0

    Spying on our kids isn't going to be about protecting them from themselves in the future, it's going to be about protecting them from "the law."

    The future presents a much scarier situation for parents than it ever has, if you ask me.

  181. "I'll show you mine.. by Kuvter · · Score: 1

    If you show me yours" apparently doesn't work online, well not until you're 18.

    --
    "To be is to do." --Socrates
    "To do is to be." -- Aristotle
    "Do-Be-Do-Be-Do..." --Sinatra
  182. Take away Guns by Kuvter · · Score: 1

    It's the next step forwards. There are obviously only murderers and nutjobs using them. Best stop it at the source. Take away guns, blowguns, bow and arrows, and anything else that crazy people can use to into someone. If we stop normal people from using these weapons, then we stop nutjobs using them too. Problem solced, right? AC because this post will likely be modedated insightful, when in fact I intended it to be funny. id: 882697

    --
    "To be is to do." --Socrates
    "To do is to be." -- Aristotle
    "Do-Be-Do-Be-Do..." --Sinatra
  183. This is unacceptably stupid! by Derekloffin · · Score: 1
    That prosecutor, the police officers involved, and most importantly the judges on the majority side should all be fired right now! I've never heard of something so idiotic in the legal system before. Bringing charges under these conditions, and worse actually finding the people guilty should never have happened. Any reasonable party with a ounce of common sense would have stopped this case and simply proceeded with a warning.

    I dearly hope this continues to get appealed and gets crushed by a higher court, because right now I have to say the entire Florida legal system just showed how utterly without sense it is.

  184. Somebody caught whiff of this by jlebrech · · Score: 0
    As soon as someone in the police heard about this crime, all the cops and judges wanted to have a look at the evidence.

    It's just a matter of upholding justice for all.

  185. Re:Just Wait Until Your District Attorney Gets Hom by Anonymous+Brave+Guy · · Score: 1

    Minors don't have the maturity to decide whether giving someone naked pictures of themselves as children is a bad risk.

    Of course they don't. In fact, it is well established that all human beings suddenly develop judgement and personal responsibility at midnight on their eighteenth birthday.

    Unless their parents decide they do, which is a very iffy judgement.

    Absolutely. That is why the law requires parental consent before those same 17-year-old kids have sex.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  186. American nudity hysteria by ordovician.cenozoic · · Score: 1

    This is just another example of an endless chain of examples of the American hysteria over nudity and sex. I never been in a society so obsessed about sex and at the same time so condemming about it. I live in the Netherlands were every other city has a red light district so I should have something to compare with ;-) Why can't American just accept that nudity and sex is normal thing. It doesn't damage peoples head to see it!

  187. Stuff that Matters. by Anonymous Coward · · Score: 0

    For further information on this topic, refer to "We Live for the One" and the books at your local library.

  188. Re:Just Wait Until Your District Attorney Gets Hom by Doc+Ruby · · Score: 1

    You are beating the strawman that exactly 18 is suddenly responsible. I have said no such thing. To the contrary, I have maintained that parents decide when in the gradual process their children are responsible. But until that deadline manageable by the law, as a margin of error, the parents decide.

    I'm done arguing down all the strawmen in this thread. Goodbye.

    --

    --
    make install -not war

  189. I think you are confused by iamacat · · Score: 1

    So if "someone else" is held accountable for the actions of a 17 year old, that "someone else" gets to dictate the rules.

    and

    These kids got caught breaking the law. They knew it was against the law. They should face the consequences.

    So do or don't you consider teens to be responsible for themselves? If they are not, surely they should get grounded rather than go to jail for such a non-violent transgression.

    Just how many grandparents are raising their grandchildren, because the moms and dads are not remotely mature or old enough to raise their own kids?

    I don't know of a single law that compels grandparents to do so, or treats teenage parents any differently from any other parents.

  190. Huh? by cbiltcliffe · · Score: 1

    You expect a Britanny to be able to catch a rabbit when you've got him on a leash? Of course that's not going to work.

    Our Brittany catches wild rabbits (full grown...not babies) on a regular basis in our back yard, when he's free to run, and the rabbits are, too.

    --
    "City hall" in German is "Rathaus" Kinda explains a few things......
  191. How did the police find out? by rdmiller3 · · Score: 1

    The thing that bothers me most about this story was that nobody knew how the police ever found out about the photos... and nobody seems to care.

    The "child porn" charge is a technicality. They took the pictures of themselves and only showed them to each other. No victim, no exploitation, no harm. And you can bet that these kids' parents wouldn't turn them in as child pornographers.

    How did anyone find out what was in those teens' personal e-mail? Interpersonal communications are supposed to be private and there are laws forbidding invasion of privacy without a court order. So who was peeking at these kids' e-mail, and why aren't they being charged? Isn't that the real story?

  192. Abject by Flash13 · · Score: 1

    I neither confirm or deny these comments: "I know I certianly wanted to look at naked 16 year olds when I was 16, and possibly a couple of years after. Quite frankly in Britain most adolencent males are guilty of rape due to some retarded law about if two underaged concenting 'children' have sex, it's the guy that's done for rape. I beleive the system is outdated, people shouldn't be told how old they have to be to feel something" However, I did write them. XD

  193. Impossible to fix by mutterc · · Score: 1

    Given the hysteria surrounding child porn, molestation, etc. I doubt this could have possibly turned out any other way.

    Prosecutor decides not to go after them? The next election, attack ads say "he let a child pornographer off scot-free" and he's history. Possibly he gets suspected of being a "prevert" himself, and his life ruined.

    Legislators try to fix the child-porn laws to align with the age-of-consent laws? Same thing.

    I'm surprised there was a dissenting opinion among the judges. That took serious balls.

  194. In the name of "protecting the children" by Anonymous Coward · · Score: 0

    So true.

    I recently read that HPV vaccines have been available for some time now. It's preventable, but the catch is the vaccine only works if the recipient has not been infected yet. HPV is not always detectable and in females may lead to cervical cancer. However, HPV vaccines have been help up in the government bureaucracy (mostly the Republican side) because, the argument is ... "if a girl is vaccinated against the most commonly transmitted STD, won't she just have more sex, which is wrong".

    I just don't fully understand their logic. They seem to say that "the fear of cancer should stop them from what we think is wrong". Not really. All it does is not-save people when it could, for no good reason.

    Education and parenting are what control behavior. It's not 100%-- nothing is. But a child that is loved, nurtured, and educated, is extremely likely to make good decisions with their mistakes being relatively undamaging. In fact, that's our job as parents, to allow our children to have a much room to make their own choices without the mistakes being too damaging. It's called teaching them to make decisions. Their mistakes will teach them more than there successes in many cases. Their successes will teach them confidence.

    The government is here to protect and organize our society, not parent our children or make our decisions or run own family units. Maybe the children in this article were being responsible and serious. Maybe they were experimenting and making their own mistakes. That's for them and their parents to decide. Who's to say from our outside point-of-view. The event was private until the prosecutors decided to make it public. I am quite sure, though, that they were not "sexually exploiting each other as sexual preditors" which is what they seem to being prosecuted for. The suggestion seems so patently ridiculous and laughable that I'm livid that they think so.

    *Sigh* </rant>
    --Dave Romig, Jr.

  195. Re:I don't think you fully realize the consequence by penglust · · Score: 1

    Actually you just hit the real problem. In my book they were emailing each other personal pictures of legal sex. Emailing personal stuff is pretty stupid when considering the number of places it touches in between but not illegal.

    As a result I would ask a couple of question. Why are the pictures dirty? Is it because they involve sex? Or is it simply because the two of them were naked? What if she was in a bikini and he had speedos on. What constitutes a "dirty" picture.

    The real problem in this country is its prudity. (spelling?)

    These pictures could very possibly get into the hands of some pretty weird types out there. Seems more like there should be a penalty for not being responsible and more than a little bit stupid. Despite all the "my parents should trust me" crap in the various posts, the reality is these two are minors and, from the article, their parents were trying to take care of the situation.

    Part of breaking law is supposed to involve INTENT. It is pretty clear these two minors did not intend for anybody else to see the pictures. This is a case of holier than thou cops, a prosecutor looking to make a name for himself and judges that can not differ their personal opinion from the law.

  196. Those kids need sorting out by Anonymous Coward · · Score: 0

    What they did was wrong, and if I was one of their parents I would immediately have a long talk with them about security, privacy, encryption, storage/interception of emails, etc. I'd find a nice and easy file encryption program, show them how to use it and wouldn't rest soundly at night until they promise to use it, goddammit! (Yes, I know I am being harsh, but it's for their own good. We don't want them getting arrested on child porn charges or anything, do we?)

  197. You are a retard by Anonymous Coward · · Score: 0

    2: If you are right then how come its illegal to possess sexual pictures of children even if a child took the picture?
    Because in that a child could take a picture of another child and send it to a kiddie porn ring. In this case, two teenagers sent pictures of themselves to each other. You can't see the difference here?
    1. Re:You are a retard by DM9290 · · Score: 1

      "You can't see the difference here?"

      What does it have to do with what *I* see?

      The law sees no difference here; That is what matters. You can't change the law by whinging to the DA and to the court. You must take it to the legislature to put specific exemptions and immunities in the statutes.

      Even if you convince 1 single prosecutor to drop a case.... what happens to the NEXT prosecution? And the one after that?

      The law is not supposed to be about who has the greatest pep-squad to raise a stink on a case by case basis.

      The proper rememdy for this situation remains REPEALING THE LAW or else PUTTING IN SPECIFIC EXCEPTIONS to allow children to make child pornography for personal use.

      That is what this is about isn't it?

      You believe that children have the right to make child porn for personal use and sharing with their friends.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
  198. The torturer is not absolved by benhocking · · Score: 1

    If it is unethical to torture somebody who will be tortured no matter what, then it apparently doesn't mean much. So I'll change it: it is unethical to cause somebody to be tortured. The torturer is absolved.

    The key part to this phrase is "no matter what". In real life, of course, there are no certainties. For sake of argument, let's assume the going rate is $1000/hour for torturers. If everyone refused to comply with the incentive to torture, the person would not be tortured. Now, many people will say to themselves, "well, someone else will torture that guy anyway, so I might as well get paid $1000/hour to do the work." Unfortunately, given a labor force of 150 million people (or so), one could argue that - beyond a reasonable doubt - this person will be tortured (assuming it's legal). That kind of argument would also have worked (and did) in Nazi Germany in many cases where unspeakable evil happened. That does not absolve the torturer, however. The torturer who rationalizes their decision is part of the system and is thus part of the evil. They are not absolved.

    --
    Ben Hocking
    Need a professional organizer?