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Florida Reduces Penalties For 'Sexting' Teens

SonicSpike sends word that Florida has changed how law enforcement deals with teenagers who send racy pictures to each other over their phones. Quoting CNN: "Before Saturday, a Florida teenager who sent or received nude photos or video could have been charged with a felony and forced to register as a sex offender. But a new law, recognizing the proliferation of cell phones and computers, eases the penalties for 'sexting' infractions. A first offense is punishable by eight hours of community service or a $60 fine; the second is a misdemeanor and the third is a felony. ... Under House Bill 75, teens who receive explicit images won't be charged if they took reasonable steps to report it, did not solicit the image and did not send it to someone."

295 comments

  1. Whatever by Anonymous Coward · · Score: 1

    Hey, just tell teens not to have sex while you're at it.
    If the stuff isn't wanted, an alternative may be pursued: harassment charges.

  2. Wow by bhcompy · · Score: 1

    How very pragmatic. Guess the sponsors will be voted out next election, since pragmatism is anathema to politics these days.

    1. Re:Wow by durrr · · Score: 5, Insightful

      Did you miss the part where they have to report it? Meaning you have to share it with the law enforcement or you might get in trouble.
      Whoever made that law is a huge wanking pervert.

    2. Re:Wow by Runaway1956 · · Score: 4, Insightful

      Pragmatic? You're asking for a pragmatic approach?

      Accept the fact that teen's bodies are flooded with hormones, and they only think of sex for about 36 hours each day. (Yes, I know, for children and adults, there are only 24 hours in each day - teens live in a different continuum!) The little bastards are always going to be thinking of sex, they speak sex, they look sex, they breathe sex. Pragmatism dictates that we leave them the hell alone, to deal with their own demons, in their own way.

      If YOU don't want to see pictures of naked teens, then DON'T LOOK AT A TEEN'S PHONE!

      Dumbasses . . .

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    3. Re:Wow by hairyfeet · · Score: 5, Insightful

      Oh the whole "save teh childrenz!" thing is royally fucked and we have been way past sane for quite awhile. Some examples include the guy who wrote the "pro pedo" book that is now rotting in jail. Nobody accused him of touching anybody, no pics or anything, just his thoughts and opinions on paper. I seem to remember someone writing about a time when people could be arrested for their thoughts. There is also the guy doing prison time for writing his fantasies in his journal which his shrink told him to do, another thoughtcrime. Then there is the guy who went to jail for dirty Jap cartoons, again no kids, just pen and ink. as a friend that works in the state crime lab told me these laws are so badly written you could draw a stick figure and scribble "nekked kid" on it and theoretically be guilty of child pron!

      For one a little closer to TFA how is THIS for fucked up: In several states I can marry a girl as young as 14 with their parents permission. I can marry her, bang her any way my little heart desires, again completely legal, but if I take a picture of my wife naked I'd be a child pornographer!

      This whole damned thing has become another red scare, only instead of commies we see pervs behind every tree. what we seriously need is some common sense laws but sadly politicians have learned they can stir up the rabble and get more votes by pushing the "save teh childrenz!" button.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    4. Re:Wow by Anonymous Coward · · Score: 1

      Florida is getting a little less evil with legislating against teenage sexuality and nudism, but it's getting a lot worse for dog lovers in Florida, because just a few months ago, after 3 attempts (and stalling from the Republican party), bestiality is now a criminal offense in Florida.

      Also, Florida will also charge children who show a but-crack (called the "droopy-drawers" law). You'd think these highly paid politicians that get free health care benefits would spend their time trying to improve the country instead of punishing children (and animal lovers).

      Ref: www.huffingtonpost.com/2011/05/06/florida-bestiality-law-passes-third-attempt_n_858884.html

    5. Re:Wow by Anonymous Coward · · Score: 0

      AFAIK that would not be the case. While most people emancipate at coming of age (18 in most western countries), you can emancipate earlier by court order or ... marriage. And it's legal to take pictures of an adult.

    6. Re:Wow by WillDraven · · Score: 5, Insightful

      The other terrible thing about the sex offender registries is all the horrible regulations one has to live with if you end up on the list. My dad has a friend who lost the lawyer lottery (and admittedly wasn't smart enough to realize it at the time) and was advised to plead guilty to a sex crime when his ex wife convinced their daughter to claim he had touched her inappropriately in the middle of their ugly divorce. He now isn't allowed to live within 5000 yards of any schools or daycare facilities. He just rented an apartment and was told after moving in that somebody living nearby is running a daycare in their house so he has 10 days to find a new place to live. There is a database of daycares you can check before you move somewhere, and the database said his new address was in the clear. It was only after he paid his non-refundable deposit and moved all of his stuff into the place that the sheriff came by and said "Oops, turns out there IS a daycare nearby. Too bad, get out within 10 days or you go to jail for a felony. have a nice day!"

      Terrorist watch, no-fly, felony, and sex offender lists are the new yellow stars. Anybody who claims America doesn't have classes or a caste system is either misinformed or lying.

      --
      This is my sig. There are many like it but this one is mine.
    7. Re:Wow by Anonymous Coward · · Score: 0

      Yes, blame the lawyer for someone pleading guilty for a sex crime. It must the the lawyer's fault. I hope that guy castrates you before he kills himself. I want your thought process out of the breeding population.

    8. Re:Wow by Anonymous Coward · · Score: 0

      Really, cuz I think it's ironic that people who think there should be NO penalty for sexting are also the ones that think that we should have severe penalties for "hate crimes".

    9. Re:Wow by SuricouRaven · · Score: 3, Insightful

      The bestiality thing is a bit of a joke, because it was already effectively illegal under broader animel cruelty laws - and with the precident to back up that interpretation too. Making a law to explicitly outlaw it is really just moral grandstanding - publicly attacking some icky sex thing to boost the Family Friendly credentials of a few politicians, even though it doesn't actually change a thing.

    10. Re:Wow by SuricouRaven · · Score: 4, Insightful

      Depends on the lawyer. Public defenders are generally kept overworked to the point where they just don't have time to make a defence. That's the way the state likes it - every time a person gets found innocent of a criminal charge, it makes the police look like idiots. Unacceptable.

    11. Re:Wow by Anonymous Coward · · Score: 2, Insightful

      They are getting a little less evil but only for "crimes" that could accidentally impact the lives of white, middle class kids. The only reason this law is getting a second look is that it happened to hit "good kids." The laws that impact brown or black people still stand.

    12. Re:Wow by Anonymous Coward · · Score: 0

      Racist!

    13. Re:Wow by DJRumpy · · Score: 5, Informative

      This whole law is fucking retarded in regards to teen sexting. Kids are going to be playful, curious, and they are going to send nude pics of themselves, and it's ridiculous to call it a crime. If the pics they send are of themselves, then it's none of the governments damn business. Leave it for the parents to take care of. Classifying it as a crime with tis graduated 3 strikes rule is over the top. What exactly is it suppose to accomplish. It is a distortion of the law to call it child porn to begin with. Instead of making exceptions for self pics from teens, they have again done the wrong thing, albeit it to a very slight lesser degree, instead of just putting an exception in to begin with.

    14. Re:Wow by Opportunist · · Score: 1

      I said it before, I say it again: People who think about the children so much are more likely than not pedos themselves. Else, why'd they think so much of the children?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    15. Re:Wow by Opportunist · · Score: 1

      What's ironic about it? One is a victimless "crime" where two teenagers exchange pics of themselves, with their mutual consent to have the pics of the other one. You might want to have laws against forwarding those pictures, or adults soliciting pictures from teens, but where exactly is the harm of two teens swapping nekkid pics?

      The other one is a crime where a person gets to feel inferior due to their sex, religion, color of skin, sexual preference or whatever else counts as a minority group these days. There is actually a victim in that crime.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    16. Re:Wow by mikael · · Score: 2

      It was intended to stop trade in child-porn - they thought a simple "the creation, distribution or acquisition of any semi-naked image of a juvenile under the age of 17" law should result in both the photographer and the customer being sent to a high-security federal penitentiary for life.

      That was when you needed expensive professional camera equipment, access to commercial CD manufacturing, print facilities to make and distribute any kind of static or moving imagery.

      They didn't quite think that Tammy the cheerleader would use her mobile phone to send a picture of her new comfy-fit underwear to Jock, the local high-school football team star.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    17. Re:Wow by SuricouRaven · · Score: 5, Insightful

      A lot of districts make those laws to be deliberatly impossible to obey, with the intention of driving sex offenders as far away as possible.

    18. Re:Wow by SuricouRaven · · Score: 4, Informative

      The law doesn't always make sense. I got to see a police representative come to give teens a school lecture on sexting a couple of weeks ago - and he confirmed to them what many suspected: It's legal for them to have sex at seventeen, but illegal for them to see it. He jokingly suggested they wear a blindfold during the act.

      It can get a lot sillier in the US though, due to the potential for federal, state and local laws to interact. You end up with situations where it's perfectly legal for a couple to have vaginal sex, but if they have oral sex then they can both go to jail for statutory rape.

    19. Re:Wow by Tom · · Score: 1

      Yes, and he just created a law that would (if it would work, which it won't) supply him with an endless stream of new stuff to wank to.

      --
      Assorted stuff I do sometimes: Lemuria.org
    20. Re:Wow by DJRumpy · · Score: 5, Insightful

      Yes, but the problem is that now that they DO know that this is what happens, and it's relatively harmless, they refuse to fix the law with a little sanity and instead seem totally incompetent and out of touch with reality.

    21. Re:Wow by Tanktalus · · Score: 0

      Before we had kids, my wife could watch a movie or TV show (Law & Order, for example) where kids get hurt or killed and enjoy the justice meted out near the end. Now? One girl and two boys later, even if that violence happens off-screen, to a kid she knows is really an actor and thus not really being hurt, she can often tear up.

      You're a moron. Parents who don't empathise with kids, even those not their own, have the genetic problem, not the ones who do think about the children.

    22. Re:Wow by Anonymous Coward · · Score: 0

      The little bastards are always going to be thinking of sex, they speak sex, they look sex, they breathe sex. Pragmatism dictates that we leave them the hell alone, to deal with their own demons, in their own way.

      Couldn't do that back in the old days. Early "messing about" with sex was definitely a serious problem.

      Because back then:
      1) there was no birth control
      2) there was no "agriculture revolution" - each full time farmer couldn't support 30+ other people. The nonfarmer:farmer ratio was a lot lower.
      3) there was no healthcare system etc

      So who was going to keep taking care of all the poor _bastards_ till they could take care of themselves?

      Therefore strict prohibitions on fornication would reduce the amount of suffering and problems. They certainly were pragmatic measures at that time.

      Times might have changed enough since. Or maybe they haven't. Seems like many parents think raising kids is more expensive nowadays (expectations are higher, competition is higher etc). So if more people have kids and are unable to raise them to be competitive enough (e.g. get a job, take care of themselves), guess who pays in the end? Everyone else, one way or another - via taxes and/or crime.

    23. Re:Wow by RingDev · · Score: 1

      Not that I know if he was correct or not, but asking a police officer for legal advice is akin to asking a blind man for a description of the Mona Lisa.

      Most of my interactions with police officers have left me with the impression that in terms of legal knowledge, they are laymen who took a symester of criminal law at the local community college.

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    24. Re:Wow by Penguinisto · · Score: 2

      Not that I know if he was correct or not, but asking a police officer for legal advice is akin to asking a blind man for a description of the Mona Lisa.

      The sad part is, while you may be able to prove innocence of any crime once you're in front of a judge, you still have that part where you get locked up in jail, lose your job (if you're unable to bail out), have the press label you nasty evil things (if the charge involves kids, drugs, or some other item considered to be a moral outrage), suffer financial damage defending yourself against it, etc.

      That said, most cops I know of have enough of a working knowledge of the law (mostly by dealing with it daily) to get it right about 80-90% of the time. It's that 10% you have to worry about running afoul of.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    25. Re:Wow by Anonymous Coward · · Score: 0

      That's not how the law is written. The law doesn't talk about emancipation or them being an adult. It says that they have to be 18.

    26. Re:Wow by georgesdev · · Score: 0

      In several states I can marry a girl as young as 14 with their parents permission. I can marry her, bang her any way my little heart desires, again completely legal, but if I take a picture of my wife naked I'd be a child pornographer!

      If you ask me, you'd have to be a perv to marry a 14 year old. Taking pictures of her naked would make it worse, and getting caught with the pictures would make it even worse.
      And I need no law to say that!

    27. Re:Wow by Kreigaffe · · Score: 2

      Did you miss the part where the penalties if you don't report it are very very minor?

      Did you miss the part where currently those penalties involve registering as a sex offender because you're in possession of and/or distributing child pornography?

      The hell dude. The hell. You don't even need to RTFA, you just need to have half a fucking brain. This is a good law.

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    28. Re:Wow by tmosley · · Score: 2

      Less incompetent, and more vicious, cruel, and evil. The prosecutors could choose not to prosecute cases between teens, but they do, and with gusto, because it helps their careers.

    29. Re:Wow by tmosley · · Score: 1, Insightful

      Minor? The third picture constitutes a felony! You could breach that limit in a few minutes!

    30. Re:Wow by Anonymous Coward · · Score: 0

      Did you miss the part where they have to report it? Meaning you have to share it with the law enforcement or you might get in trouble.
      Whoever made that law is a huge wanking pervert.

      Not a pervert, but someone that wants everyone to be a conformist. From airport xray scanners to requirement to report call phone messages or else. The powers at be want you to conform to the rules, whatever they are.

    31. Re:Wow by Penguinisto · · Score: 5, Insightful

      Couple points of order:

      * You don't define "back then", so...
      * before 1900, it was fully expected that half the children born would die of something before the age of five, and that only 1 in 5 would make it to puberty.
      * before 1800, puberty was pretty much considered to be adulthood insofar as sex was concerned in most nations and cultures - and before 1900, marrying at sixteen was considered normal. Children were expected to work as soon as they could gain enough mental acuity and strength to do so, be it on the family farm or in the factory. The only exception involved kids of more well-off parents, who were expected to get an education that would scare today's kids.
      * before 1700, the prohibitions on fornication (notice that sex for procreation isn't considered that) were put in place by church authorities, but was widely ignored unless it became politically expedient to pay attention to.

      Some other cultural bits...

      * Back then, what would be considered as teen sex usually happened after the teens were married, or in a house of prostitution. Girls were kept from "fornicating" because potential suitors by and large demanded a virgin bride. OTOH, many teen boys of affluent parents were encouraged by their fathers to visit a brothel, if only to get some experience in the matter.

      * For most guys, you either did it with your wife, did it in a brothel, or you hadn't hit puberty yet. Any outliers in that data set usually involved adultery, which was harshly dealt with. What you had left was not enough to be statistically significant., and if you had sex with a girl but didn't marry her, she'd be the first one to scream to the authorities demanding marriage (else you either faced charges of rape, or an outright lynching by her family).

      * Speaking of brothels, they were not only popular, but legal damned near everywhere (or at most studiously ignored by the local constabulary).

      * The whole idea of banning fornication and and adultery revolved around the idea of lineage and property rights (your kid inherits the herds, land, or whatever - not some other guy's kid). This stretches back to the very historic concept of inheritance, and why most religions have that prohibition in place - as a concept, it is that damned old. But, you yourself mention the pragmatism as well. :)

      As for today, kids are treasured far more highly, even to the point of legal worship over ideals that earlier civilizations really couldn't give a damn about. It is certainly wrong to harm a kid, to exploit one, or to molest one. This is common sense to a civilized modern human being. OTOH, there comes a point where at least biologically, a person is no longer a child, and the law has to allow for the adolescent to start taking steps into the world of adulthood. As long as it doesn't involve an adult taking advantage of that period of growth, the law should just leave the teenager the hell alone in that regard.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    32. Re:Wow by tmosley · · Score: 1

      Your thinking is exactly backwards. In fact, farmers, who composed the vast majority of the population, HAD TO HAVE large families to help tend the farm and bring in the harvest.

      If having sex and making babies early was actually a problem, then natural selection would have made it it disappear rather quickly. But the fact is that life was short, and breeding had to be accomplished before 20, and lots and lots of children were needed, otherwise when the plague of the day came through, it would be quite likely for your line to die out.

    33. Re:Wow by Anonymous Coward · · Score: 0

      That the governments around the world have the largest, most complete pornography collections imagineable comes as no surprise.

    34. Re:Wow by Vellmont · · Score: 2


      You're a moron. Parents who don't empathise with kids, even those not their own, have the genetic problem, not the ones who do think about the children.

      Strawman.

      The OP was talking about going overboard, where children are overprotected, and emotions become out of control and override thinking. That's what people are talking about when they use the phrase "Think of the children". We've got a whole set of people in this country that'll do that over and over and over again. Letting your emotions run your entire thinking process is a Bad Idea, and that's exactly what's happening with these dumb laws. 17 year olds sending pictures of their tits to other 17 year olds is not a crime. These laws were "supposed" to protect you children from being exploited by adults. Instead they've also been used to project some sort of weird morality where a 17 year old showing her tits live to another 17 year old is legal, but taking a picture of them and sending them over a cell phone is suddenly illegal.

      --
      AccountKiller
    35. Re:Wow by Anonymous Coward · · Score: 1

      I'm pretty sure he's talking about the people who think we have to go to any means necessary to 'protect' the children. Whether that be banning cars because some kids got hurt in a car (just an example), or handing out severe (or any) penalties for a teenager taking a naked picture of themselves (because the pedophiles will get you!).

      In other words, if there's even a remote possibility of a child somehow getting hurt, ban the behavior entirely. Those people, and not someone who finds it sad that children get hurt, is probably who he was talking about.

    36. Re:Wow by ottothecow · · Score: 3, Insightful
      I'm pretty sure the way 3 strikes rules work is that the penalty applies the third time you are convicted.

      Presumably this means you have already been in front of a judge *twice* who has told you that this behavior will result in a felony charge. Whether or not you agree with a 17 year old taking nude photos of themselves being a felony-worthy offence, someone who gets caught doing it after being in court for it twice before has only themselves to blame. The law is on the books and actively enforced, so until that law is changed you had better follow the damn thing (and I wouldn't suggest risking sex offender status and a felony in order to try your luck at getting the supreme court to change the law).

      --
      Bottles.
    37. Re:Wow by Xeranar · · Score: 1

      The problem with the issue of sexting is that many if not most don't just end up between two consenting partners (they aren't adults so let's not conflate them.) They end up floating around between friends and sometimes schools. In one case it circulated around multiple school districts. So somewhere around 3000 kids were involved in the sexting.

      Libertarians argue an inverse protection which tries to negate their need to follow laws. The arguments against sexting follow this approach but fail to account for reality. The argument that they're kids and shouldn't be punished by the law is obtuse. Age and ignorance doesn't excuse one from the law and when Florida actually tried to make a more appropriate law and they are still slandered.

    38. Re:Wow by Anonymous Coward · · Score: 0

      the whole point of this law is to make it less of a felony from the current law. Right now, if they sext something, it's considered child pornography. This law actually helps differentiate from the aforementioned penalty.

    39. Re:Wow by russotto · · Score: 1

      It can get a lot sillier in the US though, due to the potential for federal, state and local laws to interact. You end up with situations where it's perfectly legal for a couple to have vaginal sex, but if they have oral sex then they can both go to jail for statutory rape.

      I knew the best advice to teens having sex was to "keep your mouth shut", but I didn't realize it was quite so literal.

    40. Re:Wow by Anonymous Coward · · Score: 1

      Wouldn't it be more pragmatic to not charge kids at all for taking nude pictures of themselves?

      Obviously no one is being harmed here as they are doing it themselves, why should the courts get involved at all?

    41. Re:Wow by SuricouRaven · · Score: 1

      IIRC, the oral-illegal case in that particular state was a result of a badly worded attempt to lower the age of consent from eighteen to sixteen - the law passed, but was worded to specifically refer only to vaginal intercourse. So for oral, the old term applied. The state (I forget which one) has now corrected this, but it failed to make the change retroactive, so there are still a few people in jail for what would be legal if committed today.

      On a related note, some states do still have laws in force that ban oral and anal sex, defining both as sodomy. Unenforceable now - they'd be struck down in court the moment someone mentioned Lawrence - but they stay on the books because no politician wants to go down in state history as the one who made oral sex officially legal.

    42. Re:Wow by nickS0488 · · Score: 1

      They're kids, so if they break the law, they're tried in a juvenile court. I don't see anyone saying that the juvenile justice system should be abolished, and minors should be free to break laws at will. The (valid) criticism people are raising against this particular law is that it punishes the victim in the same way as the people spreading them around. Nobody is arguing, and I'm certainly not arguing, that the 3000 kids spreading the pictures to their friends should escape punishment, only that the subject of the photos (i.e. the victim) shouldn't be punished.

    43. Re:Wow by Anonymous Coward · · Score: 3, Informative

      I was convinced to plead guilty to a crime I didn't commit by a public defender. Terrible mistake but I was under 18 and my record expunged. He gave me other terrible advice as well for courtroom conduct. Apparently acting pleasant and smiling only pisses off the judge. That's what I get for having been a poor 15 y/o minority kid with no knowledge of the court system and relying on a lawyer for legal advice. He told me it would be much worse if I tried to fight it... turns out my accuser never showed up, nor did the arresting officer. Also evidence against me was stupid because it would have required superhuman strength to bend a parking meter with my bare hands. (There's a lot more to the lame story.) End of the story is, I was screwed for a while but still came out an OK person. But I could see how some people would hate cops, lawyers, judges.. the law after some of this bullshit.

    44. Re:Wow by BitterOak · · Score: 3, Insightful

      Did you miss the part where the penalties if you don't report it are very very minor?

      Does it matter that the penalties are minor? If someone sends you an unsolicited pic, and you delete it right away, why should there be any penalties at all?

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    45. Re:Wow by bky1701 · · Score: 1

      Except, you know, people who think we should have laws against neither.

      Yeah, I know it's easy to generalize, but that just means you'll be wrong most of the time.

    46. Re:Wow by Dahamma · · Score: 5, Insightful

      But if a 16 year old sends a photo to another 16 year old with the consent of both, what business is that of law enforcement and how in hell should either be guilty of *any* criminal offense, whether it was the first, second, or third time? The new law is still absurd.

    47. Re:Wow by shutdown+-p+now · · Score: 1

      What is the alternative - ignore the lawyer's advice? In a modern legal system, with countless laws on the books and countless interpretations of them, which are nigh impossible for an average citizen to know, a "common sense" approach hurts more often than it helps.

    48. Re:Wow by shutdown+-p+now · · Score: 1

      Fine, so nail those who recirculate them - not the kid who makes the pic, and not the one who receives it and doesn't forward it.

      Even then, making it a "sexual offence" - considering the implications - is completely insane.

    49. Re:Wow by yndrd1984 · · Score: 1

      "...no politician wants to go down in state history as the one who made oral sex officially legal."

      You'd think introducing the Blowjob Legalization Act would make a politician a bit more electable...

    50. Re:Wow by Kjella · · Score: 4, Informative

      I'm pretty sure the way 3 strikes rules work is that the penalty applies the third time you are convicted. Presumably this means you have already been in front of a judge *twice* who has told you that this behavior will result in a felony charge.

      You can't get all three in one go, but the strikes are per charge not per case so you can use up the first two. And strikes you got as a juvenile count the rest of your life, so worst case you'd better not steal a pack of gum the rest of your life or face 25 to life. Look at the three strikes law page on wikipedia for some outrageous examples.

      --
      Live today, because you never know what tomorrow brings
    51. Re:Wow by Niedi · · Score: 1

      So great, the replaced a completely crazy over-the-top law with a slightly less crazy but still pretty rediculous one.
      No doubt, it's an improvement but that doesn't make it a good law.
      For the sake of an analogy: Even if having Hemorrhoids is much better than having morbus crohn it doesn't change the fact that it's still a pain in the rear end.

    52. Re:Wow by rtb61 · · Score: 1

      Minors can not sign contracts. Although sexting might occur on a minors phone, from a legal viewpoint the contract initiator is making use of the contracted service until they prove otherwise.

      With all phone calls, once digitised shifting from a telephone service to legal interpretation as a data service and incumbents via political corruption seeking to block normal telecommunications laws on data services, so that they can intercept, record, monitor, filter, censor, throttle, substitute all data communications on their networks, you can see the need to change laws. The incumbents want to be able to control you via your digital data transmissions (new interpretation for once private phone calls) but they don't want any liability for what they allow through and copy and use elsewhere for sales analysis and marketing manipulation.

      Keep in mind, legally it is not a self pic until it is proven in court to be so. One child has not sent it to another child until it is proven in court as being so. Sounds like, looks like, feels like and I think so, are all unacceptable in real honest legal and just systems, thankfully so, otherwise the flip side all to readily can occur ie hmm, sounds like he is a terrorist, let's imprison and torture him until he confesses (or dies in custody which ever comes first, can't have those ambulance chasing civil lawyers hooking up with him), no one really cares he is poor and can not afford a good crime lawyer.

      --
      Chaos - everything, everywhere, everywhen
    53. Re:Wow by SuricouRaven · · Score: 1

      But they are 'sodomy laws' - the blowjobs and anal sex are handled by the same law. You can't just abolish the oral part alone, because the ACLU would have a field day showing the world how stupid and biggoted that state is. Remember that in some parts of the US, a substantial minority of the population believes that homosexuals should be arrested and imprisoned for crimes against nature. So the 'Buttfucker enablement act' isn't going to sit will with the voters.

    54. Re:Wow by Stan92057 · · Score: 1

      If the kid is stupid enough to send it 3 times after being caught 2 times before the sending or receiving of the picture was not by mistake. At some point kids have understand there can be BAD repercussions for the things your not Sposato do. beleave it should all be taken care of by the partent First.

      --
      Jack of all trades,master of none
    55. Re:Wow by GrumpySteen · · Score: 1

      You are incorrect. Minors can sign contracts. They can void the contract at any time, however, so most businesses refuse to deal with them.

    56. Re:Wow by Aristos+Mazer · · Score: 1

      but if they have oral sex then they can both go to jail for statutory rape.

      Not since 2003. See Texas v Lawrence.

    57. Re:Wow by Xeranar · · Score: 1

      Why is it completely insane? There is NO reason to not consider it a sexual offense under logical reasoning. They took nude photos of a person under the age of 17. They then in turn distributed them. When they reach adulthood they're allowed to do whatever they please with their body. Until then they're children and don't have rights as you seem to insinuate.

    58. Re:Wow by shutdown+-p+now · · Score: 1

      It's completely insane, because the punished person in this case is the supposed "victim" of the crime, and the punishment is worse than the potential damage even in worst-case scenarios. Laws are supposed to be just and serve a purpose. A law that punishes minors for making nude pictures of themselves does neither.

    59. Re:Wow by Xeranar · · Score: 1

      The "victim" is also the perpetrator just as in drug abuse, drunk driving, along with dozens if not hundreds of other laws. But in this particular case the victim should have known better, they made a conscious decision to photograph themselves nude. On top of that they then distributed it to others. There are multiple steps involved and this new Florida law essentially decriminalized the act but still acts as a deterrent. A punishment of 8 hours of community service and $60 is worse than an entire school seeing it? Or perhaps the student suffering with that photo lasting for the rest of their lives. The goal of this new law is to deter these incidents.

    60. Re:Wow by shutdown+-p+now · · Score: 1

      But in this particular case the victim should have known better, they made a conscious decision to photograph themselves nude.

      And this is wrong, because?..

      On top of that they then distributed it to others.

      And this is wrong, because?..

      (Note: the answer "because the law says so" is not acceptable, because we're discussing the reasoning behind said law, so that would be a circular argument. The answer "because my morality says so" is not acceptable, because my morality disagrees.)

      Also, can you concisely explain how a 16 year old doing this is any different from a 18 year old doing this?

      There are multiple steps involved and this new Florida law essentially decriminalized the act but still acts as a deterrent.

      It says it's still a felony if you get caught thrice.

      As for "deterrent", that's generally what parents are there for. What now, are you suggesting we need to have three-strike laws for anything kids are prone to doing wrong? That's going to be a long list.

    61. Re:Wow by SuricouRaven · · Score: 1

      Lawrence would apply to a law that actually made oral sex illegal (I refer to these in a subsequent post, pointing out that some states keep this on the books officially but don't even try to enforce it in light of Lawrence), but doesn't apply to age-of-consent.

      The specific case I was thinking of was Genarlow Wilson. Sentenced to ten years in jail for having oral sex with a girl only two years younger than himself - but, if they had had vaginal sex, it wouldn't have been a crime. Different ages of consent for different acts due to badly-worded state law.

    62. Re:Wow by Xeranar · · Score: 1

      I had this long and well worded remark that got swallowed up by the /. scripting it seems. To put it quickly pedophilia is traditionally defined by the prepubescence of the victims. Since we as society define minors and adults by the age of 18 and distinctions in puberty are largely subjective all pedophilia falls into this category though it's technically just lecherous. The distribution of photos is part of the criminal statute of pedophilia crimes. If you're asking why pedophilia is a crime I would suggest you refer to your psychological text for a deeper explanation. Victims who help perpetrate their own crimes don't get excused from their own actions.

      The "three-strike" system has been removed from this florida law as we know it. The only thing left is if you get caught three individual times which is reason enough to have not done it once.

    63. Re:Wow by shutdown+-p+now · · Score: 1

      If you seriously believe that existing pedophilia laws (which criminalize reception and possession of CP images even if accidental or unwilling) are sane, then I don't really see any further point to discuss. Criminalizing actual child abuse is one thing. Criminalizing things that are superficially related in the minds of "OMG think of the children" crowd gets us nowhere except for filling the prisons super fast, and destroying lives (criminal records, "sexual offender" lists etc).

    64. Re:Wow by Xeranar · · Score: 1

      Convenient to disregard any such argument that doesn't suit your particular argument. Nothing in that law has anything to do with "save the children" because ultimately the distribution of child pornography is another aspect of the world of pedophilia. I would ask you though where is it sane to believe that even a small sliver of the people charged with pedophilia were framed? I can respect that sadly a certain amount of people will be charged indiscriminately. But comparatively the vast majority have committed their crimes and frankly it makes me question your ethical status.

      Ah see now I just committed a similar action. I disagree with your basic ethical position but only in respect to the fact that simply put pedophilia and much of it's tenets relate to stocking the photos.

    65. Re:Wow by shutdown+-p+now · · Score: 1

      Nothing in that law has anything to do with "save the children"

      Then what is the purpose of the law?

      I would ask you though where is it sane to believe that even a small sliver of the people charged with pedophilia were framed?

      Yes, absolutely. More importantly, a significant number of people charged with pedophilia have those charges dropped (either because they are charged on evidence that someone somewhere thought incriminating - like cartoons - but in practice is not; or else on pure hearsay) - but their life is already ruined, because the allegation alone is enough to turn many people away. There are also numerous recorded cases of investigators using very shady techniques to produce evidence, or pretty much forcing children to "confess" that they have been abused. Some examples you might want to familiarize yourself with:

      http://en.wikipedia.org/wiki/Kern_County_child_abuse_cases
      http://en.wikipedia.org/wiki/McMartin_preschool_trial
      http://en.wikipedia.org/wiki/Cleveland_child_abuse_scandal
      http://en.wikipedia.org/wiki/Outreau_trial
      http://en.wikipedia.org/wiki/Bernard_Baran
      http://en.wikipedia.org/wiki/Wee_Care_Nursery_School
      http://en.wikipedia.org/wiki/Faith_Chapel_Church_ritual_abuse_case
      http://en.wikipedia.org/wiki/Wenatchee_child_abuse_prosecutions

      So, in effect, pedophilia scare is the witch hunt of today.

      I can respect that sadly a certain amount of people will be charged indiscriminately.

      You can "respect" that? The people who are falsely convicted or even charged don't need your "respect". They need the whole culture of guilty-until-proven-innocent when it comes to any pedophilia-related crimes to be done away with. Every time the law ruins the life of an innocent man, that law becomes less worthy of respect.

      And what about laws which make you guilty for doing nothing at all? If you receive a child porn picture as an email attachment, you have committed a crime - you now possess child porn. Even if you report it to authorities, it is still a crime, and they can (and often will) treat you as a criminal. Yet it was not something you did; not something you asked for; and not something you had any control over. How the fuck can it be a crime? How insane must one be to think that this is a just law?

      only in respect to the fact that simply put pedophilia and much of it's tenets relate to stocking the photos.

      Riddle me this: what harm, precisely, is caused by some pedo wanking off to photos of nude teens who took and distributed them themselves? Why should the society care? You still haven't answered that basic question beyond "well CP is just bad, duh".

    66. Re:Wow by hairyfeet · · Score: 1

      Uhhh...it is completely batshit because we are talking about cases where you can fuck them all you want just not actually take a picture of them, or in some cases look at the one you are fucking? Maybe we should have a "hole in a sheet' law where anything goes as long as the other person is covered by a sheet with a hole in it?

      As I said I have a friend in the crime lab and even THEY think its batshit. like I said some of these laws are so badly written I could draw a stick figure, write "nekkid kid' on it and put in the front seat of your car and you could be guilty of possessing child porn and be thrown in jail. does that make ANY sense to you? and before you say bullshit remember they already threw one guy in the PMITA prison for hentai, that is pen and ink drawings by adults for adults, no actually under 18 anything involved. Hell they even busted a guy for a naked Simpsons cartoon and the Simpsons would be in their 40s if they were real!

      I'm sorry but this is totally fucked up man. if you REALLY wanted to protect kids we should be sending someone like Seal team 6 into those places in eastern Europe where they make CP, not busting a kid for taking a pic of the girl he/she is sleeping with LEGALLY. I have a simple common sense rule: If you can fuck them you sure as hell ought to be able to take a picture of the one you're screwing.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    67. Re:Wow by Kreigaffe · · Score: 1

      In this case I don't think the strikes matter after you've over 18. The law is specifically for juveniles. The same behavior as an adult would get you locked up on child porn charges, strikes or not.

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    68. Re:Wow by bluefoxlucid · · Score: 1

      I find it hilarious that animal cruelty is defined as "letting your dog put his X X X in your X X X" while PETA feels it's your ethical imperative to cut your dog's nuts off.

    69. Re:Wow by bluefoxlucid · · Score: 1

      English! Do you speak it, motherfucker?!

    70. Re:Wow by bluefoxlucid · · Score: 1

      LOL! You think sex with a 16 year old is pedophilia! Hahahahahaha... there's actually another term for that, and they're not "children" but rather "Young Adults." They're not "Pubescent" or "Pre-pubescent" but rather "Adolescent."

    71. Re:Wow by tehcyder · · Score: 1

      I find it hilarious that animal cruelty is defined as "letting your dog put his X X X in your X X X" while PETA feels it's your ethical imperative to cut your dog's nuts off.

      I think the animal cruelty comes from putting your XXXX in his XXX.

      Incidentally, who knew there were so many supporters of dog-fucking on slashdot? I assume it's in the Constitution somewhere that you have the god-given right to have sex with anything you want?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    72. Re:Wow by bluefoxlucid · · Score: 1

      It just seems funny to me that the general stance is presented as "animals don't like sex" (in fact, growing up I was taught in school that animals don't have sex for fun--strictly for reproductive purposes, as if they were some enlightened form of beings that have come to look down on the strange and crude act of sex), to the point of considering that sex is a form of cruelty; whereas it is considered a form of cruelty to not cut the sexual organs off the animal.

      We should try that with politicians. Sex is cruel, and their nuts should be cut off. It would avoid all that politician abuse by 16 year old pages. Can't have sex with a neutered Mike Foley.

    73. Re:Wow by Ofloo · · Score: 1

      exactly he's making a collection, ..

    74. Re:Wow by tehcyder · · Score: 1

      What is the alternative - ignore the lawyer's advice? In a modern legal system, with countless laws on the books and countless interpretations of them, which are nigh impossible for an average citizen to know, a "common sense" approach hurts more often than it helps.

      Yes, but if you plead guilty to having sex with a child, you must know you're in really deep shit. I suppose it would be "better" to plead guilty to minor child abuse than being found guilty of rape or something, but unless you did actually rape the child, why would you admit to the lesser crime either?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    75. Re:Wow by tehcyder · · Score: 1

      where exactly is the harm of two teens swapping nekkid pics

      Where exactly is the harm ot two teens having consensual sex? But in most places two thirteen year olds can't legally have sex.

      I'd have thought the age where one was acceptable should be the age where the other is. The situation you seem to have in parts of the US where at age X you can legally have sex, but not film yourselves doing so, is clearly ridiculous.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    76. Re:Wow by tehcyder · · Score: 1

      Also, can you concisely explain how a 16 year old doing this is any different from a 18 year old doing this?

      The law has to have some sort of cut off point. People don't suddenly turn into adults, and they certainly don't do it at the same age. But if you want laws to protect children, you have to define childhood somehow.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    77. Re:Wow by tehcyder · · Score: 1

      If you seriously believe that existing pedophilia laws (which criminalize reception and possession of CP images even if accidental or unwilling)

      What, you think there are evil paedophiles/policemen going around forcing perfectly innocent people to watch and store CP images?

      That is just silly.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    78. Re:Wow by WillDraven · · Score: 1

      Did your brain shut off when I said the word lawyer, or did you just stop reading? Because IMMEDIATELY afterwards I admit that this guy was not acting very smart by blindly following his lawyers advice. So now, according to you, I deserve to have my testicles removed because.. what? I wasn't explicit enough in calling this guy a dumbass? And yes, I think if a lawyer gives his client some incredibly bad advice, he deserves at least SOME of the blame when his client follows it and has his life completely ruined.

      --
      This is my sig. There are many like it but this one is mine.
    79. Re:Wow by shutdown+-p+now · · Score: 1

      Perhaps because his lawyer told him that when it's his wife & (especially) daughter's word against his own, he's likely to be convicted regardless of whether he actually did it, and will lock you away for a long, long time?

    80. Re:Wow by Coren22 · · Score: 1

      In Maryland, the Sodomy, Fellatio and Adultery laws result in a $5 fine, and generally are not enforced. I had to ask my lawyer when getting a divorce as my ex wife was concerned about admitting her adultery.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    81. Re:Wow by Stan92057 · · Score: 1

      You Mad Bro? you mad?

      --
      Jack of all trades,master of none
    82. Re:Wow by Gen_Music · · Score: 1

      Has anyone turned around and realise that these are kids. THINK OF THE CHILDREN!! Not to mention I'm 19 and in this country being a registered sex offender is a very big deal. you can't teach or have any association with children, which I think is grossly unfair as it implies that the fact that you having an interest in other people your age at the age of 16 means you will still like 16 year olds when you are 25, something that is obviously not true. I would definitively be one if this law applied in my country as we used to bloody share the dirty pictures of our lady-friends from school.

    83. Re:Wow by Xeranar · · Score: 1

      LOL! You think sex with a 16 year old is pedophilia! Hahahahahaha... there's actually another term for that, and they're not "children" but rather "Young Adults." They're not "Pubescent" or "Pre-pubescent" but rather "Adolescent."

      No you're an absolute idiot for ignoring what I said. I said that it falls under pedophilia and that we make no distinction. Go talk with an abnormal psychologist and you'll get the same answer. I noted it for the most part is just lecherous but it is still pornographic & since they are deemed children by the law still. But I feel special knowing a moron with the comprehension skills of a civet can misread what I wrote and make an ad hominem attack at a strawman.

    84. Re:Wow by Gen_Music · · Score: 1

      What if the child in question sends 3 sets of pictures on 3 separate occasions then is caught? He would be applicable to receive the maximum penalty on account of committing the crime multiple times on three different occasions, wouldn't he?

    85. Re:Wow by Opportunist · · Score: 1

      You cannot protect your kids forever. The best thing you can do is prepare them for the reality out there which is not only rather indifferent towards them but actually preying on them. And, bluntly, child molesters are your least concern in that context.

      In a nutshell, a lot more kids have been emotionally bruised, hurt or even broken by bullies than by any or every child molester.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    86. Re:Wow by Opportunist · · Score: 1

      Sue the ones that circulate them. Not the ones that make them and send their own pictures (last time I checked people have the right to their own picture, it might be different in your area) to someone they chose. If that person who gets the picture sends it out, yes, hit them with the law. But for god's sake not the person taking picture of himself.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    87. Re:Wow by Xeranar · · Score: 1

      Owning pictures of certain things are against the law. They're against the law in the US, Western Europe, Russia, China, India, and for the most part the entire world. The few places that don't have laws against owning child pornography are small and strange. If they used a polaroid camera and passed the picture around like they used to things would be far different but instead in the world of instant distribution an attempt to cap their actions can only be met with a legal reaction. The perpetrator of the crime gets a tiny sentence for the first offense in Florida which is the first place to fix their laws versus other states that will force them on to sex offender lists forever.

    88. Re:Wow by bluefoxlucid · · Score: 1

      So, it's pedophilia, like when we lock up 19 year old child molesters for screwing 17 year old high school children, right?

      We make no distinction in the same way that we make no distinction between embryonic and adult stem cell research in political talk. We make no distinction in the same way we make no distinction between fossil fuels and biodiesel in some political talks (some platforms are taken from the stance that biodiesel pollutes the atmosphere just like petrol--note clean diesel burners only put CO2 and H2O into the air--and thus we should be on electric cars and solar/wind power).

      Just because you can't separate blue and green doesn't mean they're not different. You're just suffering from a genetic defect.

    89. Re:Wow by Stan92057 · · Score: 1

      I don't have a clue,I'm not a lawyer nor a cop nor a judge nor a lawmaker. How about common sense prevails?

      --
      Jack of all trades,master of none
    90. Re:Wow by Anonymous Coward · · Score: 0

      Incidentally, who knew there were so many supporters of dog-fucking on slashdot?

      It's not like the average /.er has other options.

    91. Re:Wow by Xeranar · · Score: 1

      I'm saying from a LEGAL standpoint it's still pedophilia. When you go to law school you'll be allowed to argue with me over the legal standard. Until then why don't you take your soapbox and go home? I'm standing reiterating reality and you're soapboxing about being able to screw 17 year olds.

    92. Re:Wow by bluefoxlucid · · Score: 1

      No, from a legal standpoint it's a sexual offense. In my state, it's "sexual offense in the $n degree" depending on ages and acts. Pedophilia is a psychological term, and pederasty is the act.

    93. Re:Wow by yndrd1984 · · Score: 1

      You can't just abolish the oral part alone...

      The phrase my joke was referring to only mentioned oral.

      So the 'Buttfucker enablement act' isn't going to sit will with the voters.

      That's not the name of the legislation the lawmakers take credit for, that's the nickname of the court case ten years down the line that they will blame on 'judicial activism'.

    94. Re:Wow by SuricouRaven · · Score: 1

      I was thinking more the name that their political opponents will refer to it as. It's not unusual for a law to have one official name, but to be refered to by it's proponents as something more positive and by it's opponents as with a nickname more negative and often insulting. Take the Copyright Term Extension Act - commonly refered to by opponents as the Micky Mouse Protection Act, in reference to the extensive lobbying performed by Disney. Or, for a more topical example, the way that more conservative media and blogs will refer to various state acts forbidding discrimination against gender identity as 'bathroom bills' in order to focus on the creepyness of men potentially demanding to use the women's toilets.

    95. Re:Wow by Anonymous Coward · · Score: 0

      Instead they've also been used to project some sort of weird morality where a 17 year old showing her tits live to another 17 year old is legal, but taking a picture of them and sending them over a cell phone is suddenly illegal.

      Now you mister are a true moron!!!
      To help you understand this with your tiny tiny brain, I'll take an easy analogy:
      It is perfectly ok to have 2 babies naked in a tub. It is however definitely not ok to post pictures of those naked babies on the open Internet.
      If you can't understand this, then you're a dangerous moron!!! Yes, that's trolling, you don't deserve more

  3. Curious by Nialin · · Score: 4, Insightful

    What about persons previously convicted? I doubt they're gonna retroactively "fix" those kids' lives.
    It's still pretty fucking stupid to charge them in the first place.
    At least it's a step in the right direction, albeit a small one...

    1. Re:Curious by hedwards · · Score: 0

      It's not a stupid charge, it was a stupid penalty. The current penalty is still too much, but you're ignoring the fact that naked pictures have a way of being liberated by an angry ex or lost when a phone is either lost or stolen. Not to mention the fact that the only way to prevent naked photos of one being naked is to prevent them from being taken. There are going to be times when there's a covert camera in a restroom, but taking the pictures oneself is a really bad idea.

      Plus, this isn't a matter of consenting adults, if they were adults they wouldn't need an exemption from the normal child porn charges that would result from dealing in these types of photos.

      That being said, by decriminalizing sexting by minors it's likely to have the side effect of opening up an entire realm of photos to pedophiles that were previously harder to come by.

    2. Re:Curious by guybrush3pwood · · Score: 3, Insightful

      That being said, by decriminalizing sexting by minors it's likely to have the side effect of opening up an entire realm of photos to pedophiles that were previously harder to come by.

      Well, it'd certainly release them of the need to kidnap kids to get the photos themselves. I see this as a win-win situation.

      --
      Perhaps I'm trolling, perhaps I'm not.
    3. Re:Curious by AK+Marc · · Score: 5, Insightful

      Plus, this isn't a matter of consenting adults,

      Yes, it is. They are of age to legally consent to sex, but not legally able to consent to signing a model release. This leaves the gray area of taking a picture of a legal activity being illegal, possession of a picture of that legal activity is illegal, and it doesn't matter if its you taking a picture of yourself, it can still be a felony. They can consent to the acts photographed, so they are consenting. "adult" is meaningless now. The age at which the courts have decided someone can be tried as an adult is 12. Cigarettes at 18/19 (mostly 18, but more going to 19), voting at 18, porn at 18, drinking at 21. "Adult" is a meaningless tag used and abused for emotional responses, unrelated to logic and reason.

      Yay arbitrary lines which, at best, are wrong only 50% of the time.

    4. Re:Curious by sFurbo · · Score: 1

      How on earth is it the job of the state to protect teenagers against themselves? The job of their parents, sure, but the state?

    5. Re:Curious by Anonymous Coward · · Score: 1

      Not to mention the fact that the only way to prevent naked photos of one being naked is to prevent them from being taken.

      The only way to prevent naked photos of one being naked is to avoid being naked. Join the Nevernudes(TM).

    6. Re:Curious by Walkingshark · · Score: 1

      Generally, when a penalty for a crime is lessened it is a lot easier to get your sentence reduced to the new levels. Or, if something is retroactively made legal you are supposed to be released from your punishment. Sometimes the justice system needs a little prodding from lawyers for this to actually work correctly.

      --
      The world you experience is only a close approximation of reality.
    7. Re:Curious by Dhalka226 · · Score: 5, Insightful

      It's still pretty fucking stupid to charge them in the first place.

      That's the real problem with this country. Somewhere along the way we became infatuated with law and not justice. If anybody in the chain, from the police to the prosecutor to the judge, dare to actually question whether ruining somebody's life over something stupid is the right thing to do they are labeled as "activist" -- codeword for not believing that some politicians somewhere that you've never met and who know nothing about the incident in question know better than you what's right.

      If we could trust our public servants, if we could trust that the police and prosecutors and judges would exhibit common sense and consider justice for all parties, including the accused, then I would support laws like this. It would allow, for example, two 16-year-olds to exchange naked pictures if they want to without fear of having their lives ruined by the state and without some truly absurd requirement that they report each other to the authorities, while at the same time providing for consequences if they break up and decide that an awesome way to hurt each other is to start posting those pictures all over Facebook.

      We can't, of course. Laws like this are proof enough of that. "We recognize how terrible our last law was so we'll give you a warning before we ruin your life for the exact same thing." That's moderation in our society, and I see no signs of it changing. The right thinks this is the greatest thing ever and the left lacks the balls to stand up against it.

    8. Re:Curious by JaredOfEuropa · · Score: 5, Insightful

      [...] taking the pictures oneself is a really bad idea.

      It's a bad idea to unscrew a lightbulb and stick your finger in the socket. Are we going to punish such stupidity as well? Perhaps we should leave such things for what they are: simple rules of life parents ought to teach to their children.

      That being said, by decriminalizing sexting by minors it's likely to have the side effect of opening up an entire realm of photos to pedophiles that were previously harder to come by.

      How? And if it were true, so what? If your naked picture is already out there on the internet and downloaded by thousands of people, who cares if one of those people happens to be a paedophile? Contrary to belief that is popular in certain circles, kiddy porn does not magically turn paedophiles into child molesters.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    9. Re:Curious by sjames · · Score: 3, Insightful

      No, it's a stupid charge. Sexting is one of those many things a minor might do that should be handled by parents rather than judges and cops.What else should be charged as a misdemeanor and heard by a judge? Out after curfew? Not studying? Forgot to take out the trash again? Drinking from the milk carton?

      There's a lot of good reasons not to sext, and I'll bet a heart to heart with mom or dad will convey them a lot more meaningfully than what the kids would no doubt call "a stupid lecture from some old man who's just pissed he can't get it up without a popsicle stick" or some such.

      I would argue that if the so-called adults in the "justice" system were actual adults, there wouldn't need to be an exception either.

    10. Re:Curious by Anonymous Coward · · Score: 0

      Great, while you are at it, make it a criminal offence for children to follow strangers into their cars.

      If children have a undesireable behaviour it is the parents job to correct it. First when the parents refuse to do so they shall be informed that unless they are willing to educate their children in proper behaviour then they may lose custody of their child.
      What you don't do is to send the law enforcement directly after children. Until the day a person have the full rights of the law (Including voting, driving cars, owning weapons and whatever adults are allowed to do.) then the children should not have the full responsibility that this right comes with.

    11. Re:Curious by Calydor · · Score: 5, Insightful

      That being said, by decriminalizing sexting by minors it's likely to have the side effect of opening up an entire realm of photos to pedophiles that were previously harder to come by.

      I sat thinking about this for a bit, and you know what?

      I think that's actually a good thing.

      Hell, if there were any nude pics of me from when I was 13, 14 years old, and the fact that a pedophile used them for wanking material instead of going out and actually hurting a child, even better.

      There is a line between fantasy and action. I'm sure a lot of us have at times, in the dark of our own bedrooms, momentarily thought about what something would be like, something you wouldn't normally do - and not just because it's illegal. The thrill of the forbidden, the ability to let something play out inside your head. It doesn't mean that the next day you go out and actually DO that for real.

      It's the same with this.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    12. Re:Curious by Anonymous Coward · · Score: 5, Insightful

      It's not a stupid charge, it was a stupid penalty.

      Oh, so sorry Mr. Pedant. Let me correct that: "It was stupid for the Prosecution to waste taxpayer resources filing charges and pursuing a lawsuit."

      Plus, this isn't a matter of consenting adults, if they were adults they wouldn't need an exemption from the normal child porn charges that would result from dealing in these types of photos.

      Except that for many purposes, they ARE adults. For example, if you're 16 in most US states you can legally participate in sex but if you take a picture of yourself doing so, now you're producing "child porn". And that's bad, because it's obviously SO damaging to yourself to take a picture of what you're doing.

      There are going to be times when there's a covert camera

      Off-topic, we're talking about teenagers taking pictures of themselves, not voyeurism.

      pictures have a way of being liberated by an angry ex or lost when a phone is either lost or stolen

      Off-topic, we're talking about teenagers taking pictures of themselves, not theft, revenge, etc. each of which are already crimes.

      That being said, by decriminalizing sexting by minors

      Well that's not what's happening here. Reducing from a felony with required sex offender registration is not the same thing as "decriminalizing".

      side effect of opening up an entire realm of photos to pedophiles that were previously harder to come by.

      Still not legal to take the pictures. Still a crime to distribute them. Still a felony to pass them along to a third party.

      Oh, I'm sorry, did you have any valid points to make, or are you just here to spread around more of this "OMG Pedophiles are coming to get you" bullshit?

    13. Re:Curious by Hylandr · · Score: 1

      The heart to heart with Mom or Dad implies that children ever get to see their parents for 3 to 4 hours per night before going to bed. And even this may be occupied by homework, sports, dinner or doctors visits. Most parent's only know their children's names because they *gave* them the name in the first place. Much less what's going on in their lives to be able to connect for this 'heart to heart'. Raising children has devolved to dropping them off at the best state daycare-in-school-disguise they can manage to live close to.

      If there is at least one parent not working and staying home to be with the kids after school chances are they won't be starved for attention in the first place.

      - Dan.

      --
      ~ People that think they are better than anyone else for any reason are the cause of all the strife in the world.
    14. Re:Curious by tech4 · · Score: 4, Interesting

      Sexting isn't "starving of attention". It's just a little sexual act, or to make others day a little bit more pleasureful, or for the any other reason adults too it. Teens, especially towards the adulthood, aren't as stupid as adult seem to think. People just usually draw that picture based on non-complete images, and things that stand out (the bad things).

      We used to send nude pictures of ourselves with my gf when we were teen, and it was both for the little thrill, sexual pleasure but also for feeling love towards the other person. When we later broke up it never did cross my mind to spread them to internet. Things change, and while it hurts, you don't have to be an ass about it.

      It's sometimes funny when you read about parents writings on the internet, especially slashdot, how it feels like they've completely forgotten how it was to be a teenager. Of course, you didn't have smartphones, but you had the equivalent stuff anyway.

      And of course, I don't live in the US where showing a nipple on TV is a huge thing (but killing people and other violence is just fine), so maybe I'm more liberal because of that too, but you just have to accept that sexting is usual and is what teens do. Even if you didn't get to do that as a teen.

    15. Re:Curious by KDR_11k · · Score: 1

      It's a bad idea to unscrew a lightbulb and stick your finger in the socket. Are we going to punish such stupidity as well?

      That act will punish itself hard enough. No need to beat a dead horse (or moron, for that matter).

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    16. Re:Curious by KDR_11k · · Score: 1

      If you don't even have time on weekends then maybe you should look at your life and reconsider what you're doing with it.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    17. Re:Curious by drinkypoo · · Score: 1

      If there is at least one parent not working and staying home to be with the kids after school chances are they won't be starved for attention in the first place.

      I am addressing the generic "you", so don't take this personally unless you need to: If parenting is the most important job, then you need to restructure your life to give your children the attention they need for proper development into adults, or to just fucking admit that you're a selfish fuck and you don't actually love your children, nor are they the most important thing in your life.

      And yes, I grew up in a single parent household, how could you tell?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    18. Re:Curious by f3rret · · Score: 1

      The heart to heart with Mom or Dad implies that children ever get to see their parents for 3 to 4 hours per night before going to bed. And even this may be occupied by homework, sports, dinner or doctors visits. Most parent's only know their children's names because they *gave* them the name in the first place. Much less what's going on in their lives to be able to connect for this 'heart to heart'. Raising children has devolved to dropping them off at the best state daycare-in-school-disguise they can manage to live close to.

      If there is at least one parent not working and staying home to be with the kids after school chances are they won't be starved for attention in the first place.

      - Dan.

      Dude, you're very, very conservative.

      --
      Admit nothing. Deny Everything. Make Counter-accusations.
    19. Re:Curious by Anonymous Coward · · Score: 1

      "The right thinks this is the greatest thing ever"

      Until it's *their* kid.

    20. Re:Curious by cyber-vandal · · Score: 2

      Public servants aren't allowed to exercise common sense because if they call it wrong they will be crucified by the media, the public and politicians. That's why everything's so heavy-handed: people are terrified of making a mistake and losing everything.

    21. Re:Curious by Opportunist · · Score: 1

      Oh yeah, and forbidding kids to send pics of themselves around is much more effective than teaching them why it's a DUMB idea to do it in the first place. Kids are after all stupid and cannot follow rules if they understand the reason for their existence.

      Why are people so convinced that kids are too stupid to understand laws? Just because "because I said so" is no satisfactory reason for them to follow them? Is it for you? Why do you follow the law against not killing someone? Most likely because you understand why it exists. Why do people ignore the laws against filesharing? Because they do not understand why they exist.

      It's actually that simple. So why the hell do people think kids are different?

      I followed the rules my parents put up that I understood and ignored the ones that didn't get a satisfactory explanation for their existence. My dad quickly caught on and tried to make sure I understood just why they wanted me to do (or not do) something. Of course, if most of your laws have no sensible reason for their existence, your kids will ignore your rules. And not only the ones that make no sense.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    22. Re:Curious by Anonymous Coward · · Score: 0

      Dude, you're very, very conservative.

      No, no, the conservatives are the ones screaming about how people shouldn't have kids if they can't afford it, and are cracking the whip to have both parents working so that they can make sure little timmy never needs to use any of their tax money.

    23. Re:Curious by Anonymous Coward · · Score: 0

      Yeah! A pedophile might take advantage of this. Therefore, ban the behavior entirely and punish people who don't abide! Ban cars, too!

    24. Re:Curious by itsenrique · · Score: 1

      For real, creepy as it is to think about. I don't see how this will make more/worse pedos.

    25. Re:Curious by Stormwatch · · Score: 1

      Why do people ignore the laws against filesharing? Because they do not understand why they exist.

      Certainly there are people who ignore such laws because they do understand why they exist.

    26. Re:Curious by Kreigaffe · · Score: 1

      I dunno. 8 hours of community service is hard for me to call "too much". I think you get more than that for graffiti or littering.

      It's pretty harmless, but some sort of penalty is fine. As you mention, there's ways these pictures can get out.. that causes OMG TEEN DRAMAAA, which is a headache that adults have to deal with, and it's something nobody wants to deal with because you just get two kids and have to ask both of them "WHY THE HELL WERE YOU SO STUPID!"

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    27. Re:Curious by muuh-gnu · · Score: 1

      > Why do people ignore the laws against filesharing? Because they do not understand why they exist.

      Wrong. We, the filesharing people perfectly know why they exist, thanks.

      We ignore filesharing laws because the laws are bad. We ignore them because they know that the majority of our peers neither support nor obey those laws. Those laws do not reflect our natural democratic sense of right and wrong that should guide any lawmaking. We ignore them because the laws have not been decided in a democratic way, they have been created in pre-democratic times and since then enforced top down by a small, influential minority against a majority opposing those laws. The majority of us do not gain any benefits from copyright laws, we only have our natural right to exchange information with their peers artificially restricted for the financial benefit of the few. We ignore filesharing laws because we do not want our communication to be somebody elses "oil of the 21'st century".

      In short, we ignore your laws because we, the people neither want them nor did we create them. It was you and your ilk who created them not for the benefit of us all, but solely for your own.

    28. Re:Curious by sjames · · Score: 1

      The solution to that will necessarily involve policies that encourage (or mandate) employers paying enough to support a family on a single income. Good luck getting the "family values" Republicans behind that though.

      If homework is out of hand enough that it interferes with parenting, guess what?!

      However, even if none of that is done, police and courts can only take a bad situation and make it even worse.

    29. Re:Curious by Anonymous Coward · · Score: 0

      You're right! If something could be abused, or something bad could happen by doing something, ban it entirely! Cars? Ban them. Pencils? Someone could get stabbed. It's a headache that adults (the most important beings) have to deal with.

      Some pictures could get out. Therefore, punish every child who sends nude pictures of themselves around.

      The punishment is small. Therefore, it's okay.

    30. Re:Curious by TheGratefulNet · · Score: 4, Insightful

      this is a very good reason for why jury nullification is so damned useful!

      it lets people follow their hearts and not some hard-and-fast cold set of rules and if they made the right judgement call, DAMN THE LAW.

      LAWS ARE GUIDELINES. stop being robots and value each decision. see if its worth following; not every law in every case, is.

      encourage individual thinking. we are not robots and should stop acting like we have zero judgement ability in ourselves. in fact, the average person is just as qualified to judge issues of 'right and wrong' as any judge or laywer. its not hard. if its hard, you're doing it wrong.

      --

      --
      "It is now safe to switch off your computer."
    31. Re:Curious by cosm · · Score: 1

      That's why everything's so heavy-handed: people are terrified of making a mistake and losing everything.

      If being a politician didn't have so many insider perks and benefits, there would not be anything to lose in the first place and they would not guard their positions with such adamant stupidity. Cut their pay, their benefits, and impose seriously limiting term limits. It can't be any worse trying that than it is now.

      --
      'We are trying to prove ourselves wrong as quickly as possible, because only in that way can we find progress.' RPF
    32. Re:Curious by shutdown+-p+now · · Score: 3, Insightful

      That being said, by decriminalizing sexting by minors it's likely to have the side effect of opening up an entire realm of photos to pedophiles that were previously harder to come by.

      Does anyone get hurt by some pedo wanking off to a "sexted" photo?

      It seems to me that this isn't the case. So why is it a problem?

    33. Re:Curious by mikael · · Score: 1

      Knew a guy in my high-school year who did exactly that. Ended up with the end of his finger being burnt black and green, and having to have it amputated by his GP .... ugh!

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    34. Re:Curious by RazorSharp · · Score: 2

      in fact, the average person is just as qualified to judge issues of 'right and wrong' as any judge or laywer. its not hard. if its hard, you're doing it wrong

      I have to disagree with you there. Ethics is extremely difficult because often times a logically sound argument can be made for either side of an issue. Oftentimes it requires a lot of nuance that a lot of people just don't understand. Only extremely basic moral issues have intrinsic answers that require little to no nuanced deliberation.

      Think about it this way: the most common degree for a politician is law. Politicians are the ones who write (well, at least pass into law) these dumbass immoral pieces of legislation. While I believe some Ethics classes are required for a degree in law, every lawyer I've met seemed to know much more about gaming the legal system than normative theories.

      So while your statement may have a bit of truth - that the everyman knows about as much as judges, lawyers, and politicians about right and wrong - I disagree with the 'it's not hard or you're doing it wrong' part. It is hard and very few people do it right. To make matters worse, a comprehensive understanding of morality is most likely to repel one to a job in the legal system because it's so hopelessly corrupt. At some point those careers - providing legal counsel, lobbying, prosecuting, judging, etc. - they will conflict with morality if you wish to make money from them (unless you just love writing contracts and aiding divorces).

      This Robert M. Pirsig quote is kind of backwards from the topic at hand but I think it applies nicely:

      You have as much chance convincing a psychiatrist that the intellectual order he enforces is rotten as you have of convincing a cop that the social order he supports is rotten. If they ever believed you they'd have to quit their jobs.

      In our system legality trumps justice every time.

      --
      "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
    35. Re:Curious by tehcyder · · Score: 1

      How on earth is it the job of the state to protect teenagers against themselves? The job of their parents, sure, but the state?

      A lot of parents fail in their job though, and that's not the kids' fault.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    36. Re:Curious by sFurbo · · Score: 1

      If we had talked about helping kids, sure. However, we are accepting that these teenagers are responsible enough that it makes sense to charge them, while they are irresponsible enough that they need protection. I don't see how those ideas can coexist (well, I do, but I really don't like the state that coexistence necessitates).

    37. Re:Curious by Opportunist · · Score: 1

      Allow me to rephrase this: They know why those laws were installed, they just do not accept that reasoning.

      Likewise, if you disallow your kids to have a girlfriend/boyfriend on grounds that they may have sex, your kids will most likely understand your reasoning, but they will not share that concern. And hence not accept them as binding.

      Laws have to be understood AND their reasoning has to be shared to make people, kids or adults, follow them. The law against killing someone can easily be understood and most likely people will share the intent as their own (hey, who wants to be killed?). It's not the case with filesharing laws.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    38. Re:Curious by cyber-vandal · · Score: 1

      I'm not talking about politicians but public employees who have a lot more to lose than politicians who will just head into some corporation somewhere.

  4. So, where's... by c0lo · · Score: 1

    Where's the "suddenburstofcommonsense" tag for the story?

    --
    Questions raise, answers kill. Raise questions to stay alive.
    1. Re:So, where's... by Anonymous Coward · · Score: 2, Insightful

      Since there are penalties there... still no common sense.

    2. Re:So, where's... by Ethanol-fueled · · Score: 4, Insightful

      So teenagers with breasts are not allowed to, well, be teenagers; but parents are still allowed to push their pre-teen kids into beauty contests complete with swimsuit competions and prostitute dress-ups?

      The types of people who villify sexting are the dirty old men-types who jack off to teen porn and pop boners watching their daughters play in the pool while being pissed that they couldn't have the same fun when they were younger, then spend the rest of their time praying for forgiveness and validating their perversions by projecting them onto others.

    3. Re:So, where's... by guybrush3pwood · · Score: 1

      The types of people who villify sexting are the dirty old men-types who jack off to teen porn and pop boners watching their daughters play in the pool while being pissed that they couldn't have the same fun when they were younger, then spend the rest of their time praying for forgiveness and validating their perversions by projecting them onto others.

      All that is, of course, plain old prejudice. That, or you're talking from personal experience.

      --
      Perhaps I'm trolling, perhaps I'm not.
    4. Re:So, where's... by maxwell+demon · · Score: 1

      The receiver is only free of charge if he reports it. That's the opposite of common sense.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    5. Re:So, where's... by kayumi · · Score: 2

      I don't know why you were modded down. I am not sure whether you are right in each and every detail but there is an incredible amount of hypocrisy in all attempts to suppress and control teenagers sex drives. I especially like the fact that all pictures have to be reported. I am sure that the number of job applicants for clerical police work will increase.

    6. Re:So, where's... by shentino · · Score: 5, Insightful

      Someone getting nailed on kiddie porn charges for THEIR OWN PICTURES is what is ridiculous.

      You can't get much more victimless than that.

    7. Re:So, where's... by Anonymous Coward · · Score: 0

      And I guess you don't own your body anymore until you are some arbitrary age. Oh no, nudie pics, not like 1/2 the people in the world can pull down their own pants and see the same thing. Keep the clothes on little puritans or you'll be labeled a felon and called pervert for life. While we're at it, lets bring back witch burnings. I have a few old women I don't like.

    8. Re:So, where's... by DinDaddy · · Score: 1

      At best, it should be "suddenburstofslightlylesssenselessness".

      These same teens can legally strip naked in front of each other, and even have sex with each other (barring certain restricted age mismatches). Just like adults. But unlike adults, they cannot text naked pictures of themselves to each other, whereas adults are free to do so (assuming they are not in congress).

      The ONLY area I might be willing to see the very lightest of penalties, is if a recipient of such a photo forwards it on to others against the will of the sender. Even then, seems like a civil matter, like it would be for adults.

    9. Re:So, where's... by Anonymous Coward · · Score: 0

      Except when THEIR PICTURES gets sent to my phone, now I'm a felon.

      It's not ok that kids do this. There will be consequences for them down the road. They make something that can used to make criminals out of people that have no interest in the crime. I'm not saying they should be registered sex offenders, but it's idiotic to give them a free pass on this because kids will be kids.

    10. Re:So, where's... by nickS0488 · · Score: 1

      It's actually worse than that - pretty much anyone who has sex as a teenager is running the risk of either them or their partner being slapped with statutory rape charges. Welcome to America.

    11. Re:So, where's... by mikael · · Score: 1

      The Citizens for Decent Literature would agree....

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    12. Re:So, where's... by Anonymous Coward · · Score: 0

      Sorry, but I think that if they suffer for their own actions, then that is too bad. I don't want to start punishing people (kids) for sending naked pictures of themselves to other people.

    13. Re:So, where's... by badkarmadayaccount · · Score: 1

      I'm 17, with near-zero sex life. I know I'm going to be a dirty old man. I have no choice in the matter. Please don't judge us.

      --
      I know tobacco is bad for you, so I smoke weed with crack.
  5. What? by phantomfive · · Score: 1

    ok, that's great it's not a crime and all, but.........

    A) Why is this even an issue? Are there really that many kids out there sexting each other?
    B) How exactly are the police finding out about this? Isn't it somewhat disturbing to think that the police have people dedicated to watching out for kids sexting each other?

    --
    "First they came for the slanderers and i said nothing."
    1. Re:What? by bhcompy · · Score: 0

      How do parents find out about all the kids having sex with teachers?

    2. Re:What? by SuricouRaven · · Score: 1

      A) What happens when you take the teenage libido and give them all camera phones? Then just stir in some of the drama typical of first relationships, when every crush feels like true love.
      B) Usually someone eventually reports it.

    3. Re:What? by houghi · · Score: 2

      How do parents find out about all the kids having sex with teachers?

      If it would have been me, most likely because I bragged about it.

      --
      Don't fight for your country, if your country does not fight for you.
    4. Re:What? by Ixokai · · Score: 1

      Uh, its kinda weird that it has to be said but...

      A) Yes. Absolutely, yes. Welcome-to-the-internet-in-your-hand-at-a-whim, yes.
      B) One kid unthinkingly sends image to another kid. Other kid unthinkingly forwards it to friend. Other kid unthinkingly mass-mails. People get upset. Someone calls police. None are even vaguely capable of fully understanding the consequences of their actions, or more importantly separating the dramatic emotional effect of the moment from the real-life long-term consequences of said act... because they are /kids/.

      Before, we charge kid with making, distributing, or simply receiving child pornography-- this has happened several times. Kids life is ruined. Adults behave like complete idiots while pandering to idiotic voting bases. Kids get screwed, adults get re-elected. Nothing surprising.

      Then FL does something vaguely sensible-- though I'd argue it needs to go farther, but be that as it may-- and I'm shocked.

      Shocked that they actually did something sensible. And shocked that you seriously think teens with magic devices that have cameras and internet access at a whim aren't taking pictures of themselves doing all manner of inappropriate, immoral, illegal things and posting it all around without thinking about it.

      Of course they are. They're teenagers. Were you born 30? :P

    5. Re:What? by Kjella · · Score: 1

      B) One kid unthinkingly sends image to another kid. Other kid unthinkingly forwards it to friend. Other kid unthinkingly mass-mails. People get upset. Someone calls police. None are even vaguely capable of fully understanding the consequences of their actions, or more importantly separating the dramatic emotional effect of the moment from the real-life long-term consequences of said act... because they are /kids/.

      Before, we charge kid with making, distributing, or simply receiving child pornography-- this has happened several times. Kids life is ruined.

      The only way the system makes sense is if you turn it upside down, it's not to protect teenagers from sexually exploiting themselves, it's to keep the sexual teenagers from corrupting the "innocent" teenagers. The producers who generate the idea of teen porn are the worst, then those who help spread it next and finally all that seek it and contribute to a teen sex culture. All people that should be put away so the rest won't think of sex before they're 18. They've just realized penalties aren't working because the last thing teenagers think about when sexting is being up on felony child pornography charges, so now they're going for reeducation instead. Make it a small infraction, catch more teenagers and try to make it a thing you don't do. Good luck trying to restrain the combination of raging hormones, camera cellphones and the Internet. I'll get the popco.... uh, no wait I won't.

      --
      Live today, because you never know what tomorrow brings
    6. Re:What? by martin-boundary · · Score: 2

      It's ok. The police have set up official websites run by private contractors so that you can upload and register the pictures when you receive them, and there's even a facility for monitoring duplicates in case you accidentally upload something one of your fellow victims received already. To make it even easier to remember, the police have reserved a special domain called .XXX for those websites (three stick figures saying NO PICTURES!).

    7. Re:What? by Anonymous Coward · · Score: 0

      There have been plenty of cases that have been reported during the past 15 years, both with celluloid and digital cameras.

      Case #1: TV documentary on professional photography has a guy encouraging viewers to take their own photoshoots - just grab a camera and start taking photographs. Next thing, a couple of teenagers do exactly that, not knowing there was a half-used reel of film in use. Months later, they get the film developed, and are arrested by the police because the film lab technican reported them.

      Case #2: First-time parents start taking "babies first bubble bath" photographic of their twins. Send the film in for development and they get arrested.

      After these two events, sales of celluloid cameras fell through the floor and practically bankrupted Kodak.

      Then the same arrests happen with mobile phone cameras. Police find out because the pictures get traded by teenagers which ultimately get found by their parents, who then inform the school, who informs the police.

  6. report to the stasi? by harvey+the+nerd · · Score: 5, Insightful

    "....teens who receive explicit images won't be charged if they took reasonable steps to report it"

    Seig Heil !

    1. Re:report to the stasi? by stephanruby · · Score: 1

      Yeah, a better law would have been:

      "....teens who receive explicit images won't be charged if they took reasonable steps to delete it"

    2. Re:report to the stasi? by Kjella · · Score: 1

      I'd be worse if they made one side of it legal and the other illegal. You send a sexting message to your gf, she can now get you charged later when she's your ex-gf. This way if you were both in on it you're both guilty, if you didn't want the sexting messages you have to report it. Which might be a good idea if someone sends you sexual messages you don't want anyway.

      --
      Live today, because you never know what tomorrow brings
    3. Re:report to the stasi? by mph_sd · · Score: 5, Insightful

      Yeah, a better law would have been:

      "....teens who receive explicit images won't be charged if they took reasonable steps to delete it"

      still more reasonable: teens who receive explicit images won't be charged.

    4. Re:report to the stasi? by Anonymous Coward · · Score: 0

      Sieg.

      das Sieg = Victory. That's all Sieg means, on its own. Nothing to see here.

    5. Re:report to the stasi? by maxwell+demon · · Score: 4, Informative

      Sieg.

      das Sieg = Victory. That's all Sieg means, on its own. Nothing to see here.

      It's "der Sieg", not "das Sieg".

      But the combination "Sieg Heil" is decidedly Nazi. Basically it's the putting of "Heil" on it which makes it typical Nazi.

      But then, the Stasi was not in Nazi Germany (there you might have reported to the Gestapo), but in communist East Germany.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    6. Re:report to the stasi? by Anonymous Coward · · Score: 1

      Mary and Mathew like each other. They would like to engage sexually the next weekend and Mary sends Mathew a preview what to expect. Mathew masturbates thankfully of the image and reports it to the authorities after getting dressed up. Mathew does not send the image of Mary to anyone and did not ask for the picture. He decides to send his naked picture to Mary in return.
        Mary masturbates thankfully of the image and reports it to the authorities after getting dressed up. Mary does not send the image of Mathew to anyone and did not ask for the picture. Neither one is accused of breaking the law.
        Sexing is legal. Only now the authorities can masturbate of the sexy images of your children as well.

    7. Re:report to the stasi? by Anonymous Coward · · Score: 0

      In other words, what the Nazis were saying was essentially "greetings of pure win, brothers!"

    8. Re:report to the stasi? by jcr · · Score: 5, Insightful

      Wee bit of a fifth amendment problem there... You can't compel anyone to report a goddamned thing if it might incriminate them.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    9. Re:report to the stasi? by Anonymous Coward · · Score: 0

      I'd be worse if they made one side of it legal and the other illegal.

      No, that depends entirely on which way. One side is active, the other passive. If you make receiving illegal, and sending legal, that's a huge problem; if you make sending illegal, and receiving legal, as long as you don't break the law, you have no problem; you break the law, you're at risk of being sold out by all your cohorts, same as every other crime in the books. Existing rules for conspiracy and accessory liability will generally make the (ex)gf criminally liable in the scenario you mention above, but whether it's a crime in itself or by conspiracy, that's not the "safety" you think -- prosecutors grant immunity or reduced sentencing all the time in exchange for ratting out your partners in crime.

    10. Re:report to the stasi? by Anonymous Coward · · Score: 0

      Stasi = DDR secret police
      Sieg Heil = Nazi greeting

      Except for being totalitarian states in Germany, the DDR and Nazi germany had nothing in common.

    11. Re:report to the stasi? by bryan1945 · · Score: 1

      Since when did we start considering teens to be actual people with rights? I thought they were just mouths to feed and do manual labor around the house.
      [/sarcasm]

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    12. Re:report to the stasi? by Wrath0fb0b · · Score: 1

      Wee bit of a fifth amendment problem there... You can't compel anyone to report a goddamned thing if it might incriminate them.

      No, but you can forgive them the crime of possession of child pornography if they do report it. The legislature could (and did, in the past) make any possession of child pornography a crime period -- instead they made it a crime but included an exception in the case. The greater power to ban it in all circumstances whatsoever ought to logically include the lesser power to ban it except when duly reported.

      So yeah, the State cannot compel you to report a goddamned thing. On the other hand, they can brand you a felon and put you on the sex offender registry for possession of child pornography (if you did possess it, naturally) and they can offer you a deal not to use that power.

    13. Re:report to the stasi? by yuna49 · · Score: 3, Informative

      While your comment is meant to be humorous, the question of minors' First Amendment rights was a core aspect of the Supreme Court's recent decision striking down the California ban on violent video game sales to minors. For example, Scalia writes in footnote 3 of the decision (PDF):

      JUSTICE THOMAS ignores the holding of Erznoznik, and denies that persons under 18 have any constitutional right to speak or be spoken to without their parents’ consent. He cites no case, state or federal, supporting this view, and to our knowledge there is none. Most of his dissent is devoted to the proposition that parents have traditionally had the power to control what their children hear and say. This is true enough. And it perhaps follows from this that the state has the power to enforce parental prohibitions — to require, for example, that the promoters of a rock concert exclude those minors whose parents have advised the promoters that their children are forbidden to attend. But it does not follow that the state has the power to prevent children from hearing or saying anything without their parents’ prior consent.

      (In the 1975 Erznozick decision Scalia cites, the Court struck down a Jacksonville ordinance that banned drive-in movie theaters from showing films with naked breasts and buttocks. One argument was the protection of minors from such displays.)

      I can see legal arguments being raised against anti-sexting laws based on this line of reasoning on the Court. There's now a pretty solid majority of First Amendment absolutists on the Court. It's not hard to imagine a law against teen sexting being struck down on the claim the both the sender and the receiver of such images have First Amendment rights.

    14. Re:report to the stasi? by Anonymous Coward · · Score: 0

      You'd have a point on the 5th except for the fact it is not a crime to receive the photo if you report it. SO reporting it is not incriminating yourself.

      That said it is still a stupid law.

    15. Re:report to the stasi? by Anonymous Coward · · Score: 0

      If you report it it isn't a crime so its not self-incrimination.

    16. Re:report to the stasi? by Anonymous Coward · · Score: 0

      So..... knowledge of a crime is a crime?

      I'm having a problem where the word crime is defined in any of this.

    17. Re:report to the stasi? by Anonymous Coward · · Score: 0

      Stasi was the DDR secret police. The Großdeutsches Reich had the Gestapo.

      Try going to 1970s Leipzig and saying "Seig Heil". See what happens.

    18. Re:report to the stasi? by Anonymous Coward · · Score: 0

      Actually, the IRS can force you to provide tax returns and other documents *including* money gained from illegal activities. Failure to do so is a felony.

      This was established by the Supreme Court case of United States v. Sullivan in 1927.

      Al Capone was convicted because of this.

    19. Re:report to the stasi? by Anonymous Coward · · Score: 0

      Wee bit of a fifth amendment problem there... You can't compel anyone to report a goddamned thing if it might incriminate them.

      -jcr

      only if the actions sought to be compelled may be considered to be "testimonial" in nature.

    20. Re:report to the stasi? by bryan1945 · · Score: 1

      Very interesting stuff there. Didn't know that. Thanks.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    21. Re:report to the stasi? by Kjella · · Score: 1

      But it does not follow that the state has the power to prevent children from hearing or saying anything without their parentsâ(TM) prior consent.

      It's not hard to imagine a law against teen sexting being struck down on the claim the both the sender and the receiver of such images have First Amendment rights.

      Except pretty clearly the state does have that power, since adult porn is protected by the first amendment and children - unlike adults - are prevented from hearing/watching it without prior consent from the parents. Anything "obscene" falls into its own category with its own rules, as usual.

      --
      Live today, because you never know what tomorrow brings
  7. Better, but still not ideal by qxcv · · Score: 1

    Under House Bill 75, teens who receive explicit images won't be charged if they took reasonable steps to report it, did not solicit the image and did not send it to someone.

    Ah, and there's the catch. I challenge anybody to find a teen who will report their girlfriend/boyfriend/whoever to the authorities for sending nude pictures. If they delete it, do not encourage the behaviour and do not show it to anybody other then the intended recipient, I fail to see the harm to either party.

    --
    "The most dangerous enemy of a better solution is an existing codebase that is just good enough." -- Eric S. Raymond
    1. Re:Better, but still not ideal by Anonymous Coward · · Score: 0

      Did you forget about being a teen? There are plenty of kids who will use the opportunity to punish an ex.

    2. Re:Better, but still not ideal by houghi · · Score: 1

      Every vengeful ex will be able to do so. And concerning the deletion. Once that is known a law will be come into use to keep all the messages send. You know, for the sake of the children and the terrorist.

      --
      Don't fight for your country, if your country does not fight for you.
    3. Re:Better, but still not ideal by TwinkieStix · · Score: 1

      Did you forget about being a teen? There are plenty of kids who will use the opportunity to punish an ex.

      You mean like reporting it?

    4. Re:Better, but still not ideal by richlv · · Score: 1

      how braindead would a teen have to be to delete and discourage such pictures ?
      or more like it, how fucking braindead must a grownup be to expect them to ?

      if i received any picture like that (best phones we could get could barely send sms ;) ), i can't even imagine what i'd have thought of some idiot who requested me to delete and discourage girls from sending such pics...

      eh, i guess my jealousy of these things has not turned into a sickness, at least not as huge one as some puritans have it

      --
      Rich
  8. It may be 2011 by gmhowell · · Score: 5, Insightful

    But Puritanism is alive and well in the United States.

    I find it ironic that some of those complaining loudest about the impending Sharia Law in the US and Europe are among those most likely to demand various Levitical Laws in the US.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
    1. Re:It may be 2011 by Anonymous Coward · · Score: 0

      "I support the separation of church and state.... UNLESS IT'S MY CHURCH!"

    2. Re:It may be 2011 by Anonymous Coward · · Score: 0

      Not only is it alive and well, it never died. You can find churches to this very day that descend directly from Puritan churches.

      It's kind of hard to find since so many churches willing call themselves "Puritan" that don't literally descend from the Puritans and modern churches that descend from the Puritans don't call themselves that any more, but if you try hard enough, there are plenty of churches (mostly in New England) that can trace their lineage back directly to Puritans.

      The best I could find were a couple of forum posts on straightdope.com, but the closest they could come up with were "congregationalist." Which I'd think would apply to any church, but apparently it's the modern term for your good, old-fashioned, ancestors-came-over-on-the-Mayflower Puritan church.

    3. Re:It may be 2011 by misexistentialist · · Score: 1

      To be fair, sexting often ends badly for kids. Of course when the hysterical minority who expect the government to solve every problem and the legislature which has nothing to do except constantly write new laws get together, things end up even worse.

    4. Re:It may be 2011 by Damouze · · Score: 1

      The worst part of it is that this so-called puritanism is blowing over back to Europe as well. Whole legions of quasi-politicians, yet full-blown demagogues are crying wolf over the (fictitious) advent of Sharia law in European countries, while at the same time implementing their own version of it in the name of national security and general protection of the populace. Both are symptoms of the underlying problem: when it comes to "hot" issues such as acts of terrorism or child abuse people loose all sense of proportion and grab straight for the proverbial jackpot: they look for a scapegoat and blame everything on it.

      Child abuse bad. But labelling teenagers who photograph themselves (in whatever way) and send these photos to eachother as sex offenders is worse, because it does away with the common sense that teenagers are adolescents: they are developing from child to grownup. What do you think would damage their psyches (and their futures) more: time in prison and being labelled a sex offender, or the fact that someone else sees them naked? I think the answer is obvious.

      Moreover, modesty is adopted behaviour. We learned it from our parents, who learned it from theirs and so forth. In turn we teach it to our children. Nothing wrong with that, but the fact remains that our natural state of being, and the state in which we are born, is nude. Everything around it is subject to social and cultural convention. And no matter how you dress, there is always some idiot who considers it offensive or even harmful, whether it is to himself or to you. If we start making laws for every single case, all of us (as mondial citizens) should consider buying land on the moon, put fences around our patch of land and insulate ourselves from everyone else. Only then does it even have the tiniest bit of chance of succeeding in pleasing everyone, and who knows, maybe even that idiot.

      By the way, labelling the recipient of such pictures as the offender if he or she does not report it is even worse. Receiving an SMS message or any other kind of message is not an act, and as such cannot and should not be criminialized. Ever heard of the phrase 'the cure is worse than the disease'? This is just that. Only now, there is no cure. Or a disease for that matter.

      --
      And on the Eighth Day, Man created God.
    5. Re:It may be 2011 by Jbcarpen · · Score: 1

      Last I checked, Levitical law doesn't say it's ok to kill your daughter for being asked out on a date.

      --
      GENERATION 667: The first time you see this, copy it into your sig on any forum and add 1 to the generation
    6. Re:It may be 2011 by Kjella · · Score: 2

      I think it comes down to whether you think the law shapes society or society shapes the law. Most of us believe in individual freedom and the law should in very little degree dictate how others should live. The same fundamentalists who want to impose their religion on others by law are those most afraid to have another religion imposed on them. I guess the more you look on the law as a hammer, the harder it swings both ways. And if you then think there's a "right" way and a "wrong" way, well they'll be the ones shouting the loudest. I'm not naive to the threat (see my sig), but I have a strong faith that an individualistic society will repel or ignore fundamentalist law.

      --
      Live today, because you never know what tomorrow brings
    7. Re:It may be 2011 by sznupi · · Score: 2

      Life often ends badly for kids.

      --
      One that hath name thou can not otter
    8. Re:It may be 2011 by sznupi · · Score: 2

      Levitical law does say it's ok (heck, it instructs it) to kill you daughter (or son) when she insults, curses her parents (possibly when, say, she can't go out on any dates?). Or when she has an extramarital affair, also when she was seduced by his father-in-law; or if she was tricked into marriage with a man already married to her mother. If she has contact with ghosts or spirits, if she gives her child to a competing deity, if she blasphemes.

      Other than that (though I probably missed a few), yeah, your daughter is fairly safe in Levitical law.

      --
      One that hath name thou can not otter
    9. Re:It may be 2011 by sznupi · · Score: 2

      Most of us believe in individual freedom and the law should in very little degree dictate how others should live

      I don't think that's really the case. Most of us are fairly comfortable, fond of strict rules, norms, and limitations of society which shaped us, in which we grew - and when we're quite content with it like that, we call it "freedom" (what, you forgot about strict rules, norms, and limitations? Yeah, exactly...)
      It's largely a spectrum, not "most vs. fundamentalists" - the latter are largely just a bit further along (and they are typically given power, influence, thanks to how too many people believe the better part of what fundamentalists do)

      --
      One that hath name thou can not otter
    10. Re:It may be 2011 by Anonymous Coward · · Score: 0

      To be fair, being arrest and registering as a sex offender often ends badly for kids.

      Fixed that for you.

    11. Re:It may be 2011 by aralin · · Score: 1

      Puritan laws brought to you by the former Hippies. What a farce!

      --
      If programs would be read like poetry, most programmers would be Vogons.
  9. its was teens' own fault by Hazel+Bergeron · · Score: 1

    If they had had any sort of group awareness and organisational capacity they'd ALL have done it, then ALL turned themselves in. Let every single teen in Florida be registered as a sex offender.

    Act like a sheep, get treated like a sheep.

    1. Re:its was teens' own fault by Anonymous Coward · · Score: 0

      Only an idiot teen would count on his fellow teens not buckling under pressure.

    2. Re:its was teens' own fault by sourcerror · · Score: 1

      Why don't adult people in Florida have any sort of group awereness and vote on a presidential candidate who is not D or R?

    3. Re:its was teens' own fault by Hazel+Bergeron · · Score: 1

      There are a significant proportion of people for whom the status quo is more than good enough. House, food, basic entertainment, safety, the freedom to babble - most people don't want much. It might not be sustainable for more than another few decades, but for a good proportion of people mortality makes that irrelevant.

  10. That makes no sense. by Anonymous Coward · · Score: 0

    Is it a $60 offense or a felony offense?

    1. Re:That makes no sense. by hedwards · · Score: 1

      The first offense would be $60 and 8 hours of community service. Subsequent offenses would continue to misdemeanor and finally felony if the particular teen kept sexting.

  11. Still Very Evil by Bob9113 · · Score: 5, Insightful

    A fine step from very evil to ... less evil, but still very evil.

    Under House Bill 75, teens who receive explicit images won't be charged if they took reasonable steps to report it, did not solicit the image and did not send it to someone.

    So let me get this straight: A 16 year old's girlfriend sends him a picture, he is guilty unless he reports her to the police?

    First, bite my shiny metal ass.

    Second, good luck upholding that when it goes to a court above the Florida level.

    Third, to expand on item one; holy shit are you a bunch of nasty assholes. Up until a circuit or the Supremes knock this foul law flat on its ass, it is going to put a lot of kids in really nasty quandaries about their obligations to the people they care about versus the state. Honestly, I figure it's safe to assume you will be creating thousands of anti-authoritarians in one stroke of your pen. I'm sure the year 2021 thanks you for the increase in civil disobedience you are creating.

    Fourth, they're just body parts. They can't hurt you. How does it make sense to put kids into the ironically named "correctional system" because they received a picture of a breast? You think they are going to come out better people? That it will improve our future? You are bat-shit-looney if you believe that.

    1. Re:Still Very Evil by TheGratefulNet · · Score: 2, Insightful

      people in favor of such 'laws' are not *thinking*.

      they are 100% guided by that so-called 'good book'. once the good book speaks, mind is closed and there's no hope of getting thru.

      jesusland, usa. all over the fucking place, even in progressive states.

      the 60's gave us a step forward. reagan and his cronies began the back-step into the middle ages again and other than a short pause (about 10 yrs or so ago) we've been marching more and more toward jesusland, usa.

      all the whole, making fun of the muslims who are just as stubborn as our christians are. no better and not all that much worse when it comes down to it.

      --

      --
      "It is now safe to switch off your computer."
    2. Re:Still Very Evil by hedwards · · Score: 5, Insightful

      That's how child porn charges work and that's why this area of law desperately needs reform. You're guilty of possession of child porn if somebody sends you a photo whether or not you see it and worse whether or not you solicit the image. Child porn charges without a mens rea requirement are just an incredibly easy way to frame somebody for a felony if you've got some reason for wanting them sent to prison.

      Supposedly, if you accidentally download some, you should report it to the FBI, but I don't think anybody in their right mind would do that.

    3. Re:Still Very Evil by antifoidulus · · Score: 5, Funny

      All the while ignoring the parts about not eating pork chops and cheeseburgers, which is a shame because thats pretty much the only part of the bible a lot of these people should be following.

    4. Re:Still Very Evil by maxwell+demon · · Score: 1

      Where does the bible say "you shall not make pictures of breasts ..."? Well, OK, the bible says you shall not make pictures of anything and this therefore would also apply for breasts, but then, where does the bible say that pictures of breasts are worse than pictures of faces, or pictures of trees for that matter?

      --
      The Tao of math: The numbers you can count are not the real numbers.
    5. Re:Still Very Evil by maxwell+demon · · Score: 1

      Child porn charges without a mens rea requirement are just an incredibly easy way to frame somebody for a felony if you've got some reason for wanting them sent to prison.

      Indeed. For example, if you are able to manipulate his internet connection, you might insert a hidden image of child porn (since it's hidden, he won't see it, but it will probably end up in his cache anyway), and then tell the police that he likes to look at child porn. The police will seize his computers, find child porn in his cache, game over.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    6. Re:Still Very Evil by Anonymous Coward · · Score: 0

      The stuff about pork has to do with the fact that pork goes bad quickly and tends to be infested with parasites. But, since old testament law was for the old covenant and such, it's a bit of a moot point. They seem to have misunderstood the parts about leaving judgement to God and helping the less fortunate. In fact, they seem to have so completely misunderstood them that they are actively attempting to be the judges and law makers while refusing to help the needy. Also, there is that bit where Jesus spoke about 'sexual immorality' which is generally classified as pedophilia, adultery and rape (and potentially anal sex, but the development of soap and anti-bacterials kinda made that a non-issue). Wouldn't screwing with someones sexuality by telling them that they should hide their body, not share it, their feelings are wrong and so forth be classified as sexual immorality?

    7. Re:Still Very Evil by antifoidulus · · Score: 3, Insightful

      He also wasn't all that happy with the money changers(Wall Street) as well, but the "Christians" tend to forget that part too, as the religious right extolls the virtues of people who crash the economy.

    8. Re:Still Very Evil by Anonymous Coward · · Score: 0

      Second, good luck upholding that when it goes to a court above the Florida level.

      I don't think you quite understand. Despite how retarded the law is, it is a case of Florida being more reasonable than other states. Everywhere else those teens would be guilty of trafficking in child porn, and they end up registered as sex offenders for the rest of their lives.

    9. Re:Still Very Evil by Anonymous Coward · · Score: 1

      You don't need to send anything. You just need to make an accusation to the police that you say the person accessing child porn. The lack of evidence doesn't prove they didn't do it or you lied. The police will take it and run with it. They will make an arrest (looks good), seize the computers, and then the prosecutor will attempt to get the accused to plead guilty on reduced charges (once again it looks good). No sane person is going to risk 20 years when they will get off with little or no jail time by pleading guilty to false charges. The prosecutor can't decline to prosecute even if there is zero evidence. It just becomes lesser "evidence" and people are often convicted without any real or collaborating evidence. Coincidences frequently happen and a prosecutor just has to present the case in a convincing manor. Call logs for instance between friends / boss / employees can look as though you were involved in a crime. No actual tapping or conversations need be presented to the court. A prosecuting being able to drop charges is only true in theory. It rarely if ever happens. If the defendant doesn't plead guilty the prosecutor will attempt to make the charges stick anyway they can.

      I know enough people who have had a run in with the law where there was zero evidence. Not a single one decided to fight it and none of them were on charges sex related/child porn. In the one case it was SEC and the guy got a year or so in prison. Didn't do it. The other case was of failing to stop for the cops (had the perfect defense given the circumstances for not stopping). I also had a minor incident where I brought in a lawyer which had zero significance (convicted or not) and I still plead guilty to a lesser charge to avoid the risk of a harsher penalty (main goal was to get off or at least a reduced penalty).

    10. Re:Still Very Evil by shentino · · Score: 1

      What I don't get is how CP charges can come from someone making photos OF THEIR OWN BODY!

    11. Re:Still Very Evil by Slashdot+Assistant · · Score: 1

      Matthew 5:28. "But I tell you that anyone who looks at a woman lustfully has already committed adultery with her in his heart."

      Hooray for thought crime.

    12. Re:Still Very Evil by Damouze · · Score: 3, Insightful

      "They will make an arrest (looks good), seize the computers, and then the prosecutor will attempt to get the accused to plead guilty on reduced charges (once again it looks good). "

      That is why plea-bargains are the worst kind of mistake ever invented as far a concepts in justice systems goes, side by side with the concept of a jury. The former is fundamentally flawed because it does not make sense to criminalize perjury, but at the same time allow for a suspect to confess to something he did not do in exchange for a lighter conviction. The latter is fundamentally flawed because having lay men determine the guilt or innocence of a person is virtually the same as having a lynchmob execute the suspect right away.

      --
      And on the Eighth Day, Man created God.
    13. Re:Still Very Evil by StormReaver · · Score: 1

      This is classic Government-Think: destroying the village in order to save it.

      It's disgusting.

      Protecting our children from predators is in everyone's best interest, as long as it is done within the boundaries of the Constitution; but when we need to protect our children from their protectors, we have gone too far.

    14. Re:Still Very Evil by Anonymous Coward · · Score: 0

      Supposedly, if you accidentally download some, you should report it to the FBI, but I don't think anybody in their right mind would do that.

      No, you should accidentally nuke your hard drive from orbit.

    15. Re:Still Very Evil by bryan1945 · · Score: 1

      Oh, you can take as many pictures of yourself as your want. You just can't distribute them. No, it still makes no fucking sense. Teens can get together, get naked, have sex no problem. Send a pic- big problem. I can't even think of a word that describes this lunacy properly enough. (no, lunacy does not go far enough)

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    16. Re:Still Very Evil by Anonymous Coward · · Score: 0

      Oh no, it's worse than that. Teens who have sex face being slapped with the ominous charge of "Statutory Rape", which has absolutely nothing to do with real rape except for the name (which was clearly chosen to create a false association between the two)

    17. Re:Still Very Evil by Anonymous Coward · · Score: 0

      Steal someone's mobile, use it to send a picture to someone you don't like, dump the phone, and chuck an anonymous tipoff at the police. Job done.

    18. Re:Still Very Evil by Anonymous Coward · · Score: 0

      Actually, I think that juries sometimes do a good job. Jury nullification and all that.

    19. Re:Still Very Evil by Anonymous Coward · · Score: 0

      Yes, they actually believe you are a better person if you feel guilty about sex, and that it's their moral imperative to protect people from their sinfulness. Yes, that's batshit. Welcome to the future (of Western civilization), brought to you by religions with (objectively) immoral precepts like hell => religious moral imperative to save your soul by any means necessary.

    20. Re:Still Very Evil by Voyager529 · · Score: 1

      Matthew 5:28. "But I tell you that anyone who looks at a woman lustfully has already committed adultery with her in his heart."

      Hooray for thought crime.

      Yes, but there is a difference between Christians following a moral code out of personal conviction and having the state government enforce it. I say this as one of the former, and realize that the particular case of TFA is a challenging situation in general - if a teen immediately deletes the image as a means of following the commitment to the former, would that then make him guilty to the latter?

      As a final, slightly off-topic aside/rant, why is it that the general vibe I get from the Slashdot community is that all Christianity is akin to "the worst of Christianity"? Not all of us attend Westboro Baptist, y'know. Not all of us stand on street corners with bullhorns threatening fire and brimstone. Not all of us desire to politicize our faith or are trying to legislate morality (with the personal admitted exception of abortion; different DNA, different blood type, independent heartbeat, complete sets of organs doesn't make it fall under the same category of an appendectomy, though I'm mixed as to exactly what the ideal law *should* say). Not all of us aspire to be pastors so we can take up offerings to pay the insurance to our Mercedes (or support 'pastors' who do). There are those of us who pair prayer with action and actually help feed the poor and homeless, rather than just asking God for a miracle that doesn't involve our own actions. There are those of us who believe in ACTING like Christ first, THEN talking about Him. There are those of us who DO attempt to avoid looking upon a woman lustfully as to not objectify her in our own minds and thus treating her with a less than Christlike attitude (ask the best looking woman you know if they appreciate having a guy have an entire conversation with her chest, and whether she has more respect for a guy who maintains eye contact instead). There are those of us who AREN'T out to be judgmental, have respect for Muslims, homosexuals, and Atheists, rather than condemning them to hell as if we've got the power to do it.

      Just sayin'.

    21. Re:Still Very Evil by hedwards · · Score: 1

      Which is why in some countries they have actual professionals that sit on the jury in addition to lay people. Of course that doesn't necessarily solve the problem as evidenced by Italy's positively medieval justice system, but it probably does somewhat help with that problem.

      Personally, I think the existence of the Alford plea and plea bargaining is an embarrassment to the US. Not having a good attorney shouldn't result in one having to give up their day in court to avoid being sent to prison for the rest of their natural life.

    22. Re:Still Very Evil by Anonymous Coward · · Score: 0

      So let me get this straight: A 16 year old's girlfriend sends him a picture, he is guilty unless he reports her to the police?

      While technically true I don't think that was the aim.

      A 16 year old's girlfriend send him a picture and if neither spreads the photo around and it stays between them the police won't know. Nosy parent's and the like aside.

      I think the aim of the law is that when the 16 year old's girlfriend dumps him and he is pissed and starts sending it out to all his friends they are required to report it or be complicit in the crime which is now much more likely to be found out about. I think it is an attempt to mitigate how much the photo spreads.

      Not agreeing with it, just think that is the intent.

    23. Re:Still Very Evil by goose-incarnated · · Score: 1, Interesting

      I know enough people who have had a run in with the law where there was zero evidence. Not a single one decided to fight it and none of them were on charges sex related/child porn.

      Then you know idiots (no personal offence meant).

      I've had three separate criminal trials (for violent crime), in front of three different magistrates in three jurisdictions for a total of (about) 15 court appearances. I represented myself for all three trials. I plead not-guilty all three times, and I was acquitted all three times.

      To make things more interesting, my ex-wife (we were in the middle of a divorce during the times that all these trials were happening) was a prosecutor, her brother was a prosecutor and all her friends were the magistrates in all three jurisdictions. Yet, I still represented myself and was acquitted, and never even considered a guilty pleading to a lessor charge.

      So, yeah, if you know what you're doing, and you're boned up on legal research, you can very easily run rings around the state as they make their case. The prosecutor, after all, is merely a lawyer too stupid to make it in private practice.

      --
      I'm a minority race. Save your vitriol for white people.
    24. Re:Still Very Evil by maxwell+demon · · Score: 2

      Matthew 5:28. "But I tell you that anyone who looks at a woman lustfully has already committed adultery with her in his heart."

      Hooray for thought crime.

      Well, adultery implies that either the one looking or the one looked at is married, right? Therefore if both the one looking and the one looked at are unmarried, it should be OK.

      And BTW, it doesn't say anything about women looking at men lustfully, does it? So pictures of naked men should be OK, too.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    25. Re:Still Very Evil by Anonymous Coward · · Score: 1

      No, you're mixing up the juvenile court system with the criminal court system. In all states that I'm aware of, these teenagers would be dealt with in juvenile court, where SO registration is not mandatory. In some states the judge has the power to impose SO registration on juveniles in certain cases, or hold a hearing to transfer certain types of cases to adult court at the request of the prosecution, but both of these powers are extremely unlikely to be used in a juvenile sexting case, as is any sentence more severe than probation. The teenagers would end up with juvenile records which may or may not be sealed at 18, depending on the state.

      In fact, over the past couple of years there's been a huge amount of controversy over a relatively new federal law known as SORNA, which mandates registration of juveniles for acts comparable in severity to aggravated sexual assault, and explicitly excluding consensual acts between persons of a similar age. Suffice to say that if such a narrowly-drawn law lhas already met with controversy, it's extremely unlikely we'll be seeing mandatory registration for sexting any time in the near future.

      In short, this new law does little more than limit certain kinds of judicial and prosecutorial discretion that most likely would never have been used, and possibly limit the visibility of the offense on a juvenile's record after they turn 18.

      The constitutional issue, however, is what appellate courts would most likely be looking at, and in that situation I second the position of the parent post that it's unlikely that a law that explicitly forbids a person from photographing themselves would survive scrutiny; the Supreme Court of the US stated outright in Ashcroft v. Free Speech Coalition that speech that was "neither obscene nor the product of sexual abuse" was protected by the First Amendment.

    26. Re:Still Very Evil by russotto · · Score: 1

      Matthew 5:28. "But I tell you that anyone who looks at a woman lustfully has already committed adultery with her in his heart."

      Hooray for thought crime.

      Thought-sin, actually. But if both parties are unmarried, there's no adultery involved. Matthew follows up by suggesting you blind yourself to avoid committing that sin, so he was a crazy asshole anyway. Then he proceeds to forbid a man to divorce his wife claiming it makes the woman an adultress. Screw him.

    27. Re:Still Very Evil by shutdown+-p+now · · Score: 1

      So let me get this straight: A 16 year old's girlfriend sends him a picture, he is guilty unless he reports her to the police?

      I also find it interesting that TFA keeps talking about teens. So if an adult receives a picture of a naked 16 year old, and reports it to the police, he's still guilty?

    28. Re:Still Very Evil by cffrost · · Score: 1

      So if an adult receives a picture of a naked 16 year old, and reports it to the police, he's still guilty?

      Sure; sometimes the phrase "snitches get stitches" applies to oneself. This is an example of why all possession laws are unjust and prone to abuse/framing.

      --
      Thank you, Edward Snowden.

      "Arguments from authority are worthless." —Carl Sagan
  12. That part of the law is so wrong. by Anonymous Coward · · Score: 0

    That part of the law is so wrong.

  13. Exempt & Indifferent by E.I.A · · Score: 1

    You see, I was never a teenager, so I don't care. That's what they get for not just skipping ahead like me and everyone else in denial of human nature. I mean, it's not like they're inundated with smut by the entertainment industry, and certainly the hormones in modern food products are no excuse for such intolerable visual promiscuity. If the fools can't realize that abstinence is the best policy, then obviously their future careers should be ruined, and they should lose the right to bear arms and vote. We don't want people who are attracted to the opposite (or same) sex voting and wielding firearms. Hail Wackenhut, Geo Group, G4s Securities, Serco, and purity!

    --
    Laws are like sausages. It's better not to see them being made. - Otto von Bismarck
  14. But still by tsotha · · Score: 1

    It all sort of raises the question of why the state needs to be involved at all when teenagers send pictures of their private parts to each other. This is something the parents ought to deal with - it doesn't require the heavy hand of the justice system.

  15. Convicted for being a victim. by Anonymous Coward · · Score: 1

    Wow. Much like women in Muslim countries get convicted for the crime of being raped, this will convict a person simply because SOMEONE ELSE sends them a picture. How fucked up is THAT!!!

    1. Re:Convicted for being a victim. by Anonymous Coward · · Score: 0

      Well it's their own fault for not having stinking teeming masses of vag that no man in his right mind would touch.
      I mean if they were doing their jobs no man would even consider putting it in her vag for fear of what might happen to his male member.

      Bonus: The ones with crappy husbands won't have to have sex with them either!

  16. WTF! This is an improvement?? by FormOfActionBanana · · Score: 2

    From the summary, this still sounds ridiculously difficult. It's a crime if you don't turn in your girlfriend?

    --
    Take off every 'sig' !!
    1. Re:WTF! This is an improvement?? by Anonymous Coward · · Score: 0

      Reminds me of the MPAA's "turn yourself in and we won't sue you" campaign a while ago. Did any gullible sucker ever cave in? If so I didn't hear about it.

      The law is unrealistic.

      Government can't force people not to inflict possible harm on him/her self. Same thing with sexting... Possibility for self harm. What needs to change is parents need to step in and be there for these kids... These young girls need to know they don't have to be sexualized so much. It probably won't happen - but until something like that does, I don't see those young kids and anyone who is irresponsible from changing their ways.

      And that's the catch. The people (kids /teenagers in this case) have to want to change. That's the key.

  17. Post them pictures publicly! by PolygamousRanchKid+ · · Score: 1

    Like when kids in school get caught passing notes, and the teacher reads the note out loud in front of the class. Embarrassing for the note passers! Or when the local newspaper prints lists of folks arrested for drunk driving.

    Bring back the village stock, I say!

    Oh, and to answer Slashdot's question, "You are number 6! Who is number one?" . . .

    "You, are, number 6."

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    1. Re:Post them pictures publicly! by bryan1945 · · Score: 1

      Wouldn't that be a wonderful quandary of the law if the authorities posted the pics publicly? Now they are violating their own law(s), not to mention the moral outrage from, ah, everyone.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
  18. This is madness! by Anonymous Coward · · Score: 0

    So sending or receiving an image of a child's penis is a felony, while chopping off part of the penis on a defenseless newborn is legal?

    1. Re:This is madness! by Anonymous Coward · · Score: 0

      Yep, welcome to a world in which laws are enacted, not based on actual harm, but on bullshit bronze-age morality. It's crazy when we think about the number of sex acts between adults (or just one adult flying solo) that have been criminalized for no reason other than offended sensibilities.

  19. I feel old by king_grumpy · · Score: 1

    Whatever happened to the good ole love letter?

  20. Malice by Anonymous Coward · · Score: 0

    So, if a teenager someone buys a disposable phone and anonymously sends out pictures of his penis to ten girls that have rejected him and he does this three times the girls have to report this or get a criminal record ? Nice law you have there.

  21. blame the victim! by drinkypoo · · Score: 1

    Blaming the victim is very convenient, because it allows you to victimize anyone you want and then lie about it.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  22. Sexting should be illegal by skegg · · Score: 5, Insightful

    Any teen who photographs their own body should be charged for possessing child pornography.

    And any teen who masturbates should be charged with sexually molesting a minor.

    Finally, all breast-feeding mothers should be charged with indecent exposure to a minor.

    1. Re:Sexting should be illegal by Anonymous Coward · · Score: 0

      A modest proposal. Hear hear!

    2. Re:Sexting should be illegal by shutdown+-p+now · · Score: 1

      I suggest we also do raids on restrooms in junior schools. I mean, think about it: children in them see genitalia pretty much all around them!

    3. Re:Sexting should be illegal by Anonymous Coward · · Score: 0

      That, and any teen who ever showers or bathes and happens to look down at all needs to be charged.

    4. Re:Sexting should be illegal by Anonymous Coward · · Score: 0

      I guess we need to bathe in our clothes then, right?

  23. Felony? by Anonymous Coward · · Score: 0

    The Government will not stop until EVERYTHING is a Felony. We are getting seriously close to Thought-Crime.
    UN-Elect everyone.

  24. That's sure to get you laid. by Anonymous Coward · · Score: 0

    Sorry, honey. That was a really sexy picture, but the laws the law and I had to cover my ass, so I reported you to the police. Anyway, can we have sex now? It's perfectly legal for us to see each other naked in person!

    1. Re:That's sure to get you laid. by Anonymous Coward · · Score: 0

      Don't forget the inevitable statutory rape charges.

  25. Alas, as much as you could expect by Anonymous Coward · · Score: 0

    The legislature fear repealing this ridiculous law, because they will be seen as pro-paedo or worse, pro-sexuality, by the religious right.

    It's a shame that the American political landscape is so fragmented that one of the few groups that can decide a consensus are such a close-minded bunch of medieval nightmares.

    CAPTCHA phrase : autocrat

    That's about right....

  26. Stupidity at it's greatest public demonstration. by lsatenstein · · Score: 1

    As a teenager, most boys have already experienced wet dreams, left hand exercises and know the old diddie below

    In days of old when men were bold\
    and safes were not invented.
    They shoved some socks
    around their ======== guess the word (It begins with a c and ends with an s )
    and babies were prevented.

    That diddie means that the girls were into it too.
    So, is nudity porn, or is it the stuff shown on cable tv after 11pm many nights.

    I am also of the opinion that nudity stops rapes, but true acts generate risks.

    --
    Leslie Satenstein Montreal Quebec Canada
  27. Won't stand up to the 1st Amendment by Anonymous Coward · · Score: 0

    There's little chance this law would stand up to a First Amendment defense. See Ashcroft v. Free Speech Coalition.

    It might even fall to an Equal Protection challenge.

  28. rats by Tom · · Score: 1

    won't be charged if they took reasonable steps to report it

    welcome to the "rat your girlfriend out to the police" state.

    Here's the new Florida HOWTO take revenge on your ex-girlfriend:

    a) whenever she sends you a nude pic, tell a non-existing e-mail address that looks similar to the local police about it.
    b) when she breaks up with you, suddenly notice your "typo" and send it to the real address.
    c) PROFIT - or rather, you've just reduced the number of boys she can break up with before it becomes a felony by one.

    --
    Assorted stuff I do sometimes: Lemuria.org
  29. And then.... by p43751 · · Score: 0

    You get a big brother law like we just got in Norway/EU storing ALL sms(and internet data like mail) that is sendt for a minimum of 6 months. How long will it take before they then start using it?

  30. Freedom and democracy by Lac · · Score: 5, Interesting

    The US thinks it is the government's business what a teen sends their bf or gf on their cellphone. The US thinks that when you travel, you give up all privacy rights. The US thinks that getting angry with a border guard is a crime. The US assassinates its own citizens, believes in torture, and incarcerates people indefinitely without a trial. And I could go on. But the amazing thing about all of this is that the US thinks it is a shining example of freedom and democracy around the world. How insane is that?

    Americans used to live in a great country, but honestly, that country is gone, now. It's a shame. They need to collectively get their heads out of their asses and learn to question the government, because it is not getting any better. I am not an American, and boy am I happy about that, because I live in a country that is actually an example of freedom and democracy, and that feels great.

    1. Re:Freedom and democracy by Lac · · Score: 1

      I'm sorry I'm replying to myself, and so soon, but I still can't get over this. I just read TFA, and the word "privacy" appears nowhere. It is like nobody at CNN is even aware of the notion, and nobody reached by CNN. Everybody's just happy that there are three strikes now before the teen is sent to prison for having a sex life and a smart phone. This is beyond insane! Don't Americans have any rights, anymore, or are teens not Americans?

    2. Re:Freedom and democracy by bussdriver · · Score: 4, Insightful

      Parent is spot on. I've always lived in the USA and I've seen it happening around me; somehow I'm not affected by the foolishness as nearly everybody else around me is. It is easier to see this from the outside.

      Its much worse to see this stuff happen 1st hand and have everybody think you are some sort of fanatic nut if you speak out, protest or do anything that is not sanctioned by some powerful group. ACTIVIST IS A BAD WORD. Fact and opinion are blurred; the Rove strategy of creating alternative realities is now pervasive. Admitting you spend your nights watching TV reality shows is normal; you are a freak if you do anything else. Being actually informed is no different than somebody using only sound bites on the crap TV news - in fact, they'll feel you are less informed because you don't know about the latest BS issues in the mainstream news or celebrity gossip. They'll also feel they understand something because they heard the sound bites. Being kept busy working, buying, and consuming there isn't much time; plus it seems that the only reason many issues can be followed is because they've discovered that heavy obfuscation isn't necessary; keeping secrets isn't necessary either-- just exploit information overload.

      Even the language is warped; it is hard to even discuss many issues because there is too many errors to correct first. To avoid being dismissed as a nut or creating confusion one has to severely limit conversation to such pointlessly tiny baby boring steps and work long term towards an actual issue... if you bump into some sacred cow then emotional blocks kick in and its a whole other mess. For example, both sides have been calling Social Security an entitlement.

      Crisis / Fear games - is how it often works here; people who are worried bury their heads in TV; they can't handle it. Plans are made up in advance; then crisis opportunities are created or the plans are adapted to an actual crisis which is usually amplified. A higher level of terrorism goes on continually. The trick is old as mankind but the techniques have been refined.

      There need not be some big-brother thought police (although some are bent on that angle so its coming) they have working control over the populace that produces decent results all on its own. Like some sort of social virus, it'll run, spread, and mutate on its own allowing the benefits of crowd sourcing. This modern sophisticated approach will eventually allow for all the things authoritarians have done in the past but without the black and white simplicity that leads to their downfall. Its smart social engineering at work; 1984 mirrored advanced conventions of the day (1940s) but it is just a short book with just 1 approach and things have progressed. Americans are ironically quite conformist all on their own.

    3. Re:Freedom and democracy by Anonymous Coward · · Score: 0

      The terrorists won. Its that simple. But who were they and who did they really work for?

    4. Re:Freedom and democracy by Anonymous Coward · · Score: 0

      Your comment reminds me of a shirt I recently saw. It said, "Our forefathers would be shooting by now." America has changed over the years..... and not necessarily for the better.

    5. Re:Freedom and democracy by Anonymous Coward · · Score: 0

      Ignorance is bliss, Americans are generally very happy.

      If you give the average person plenty of short term consumer joy, tasty fatty foods and self righteous belief ... they'll even volunteer to blissfully kill innocent people for you. IMO, your only choice is to leave, there are much better places to call home.

    6. Re:Freedom and democracy by Anonymous Coward · · Score: 0

      America used to be a great country? What country have you been reading about in history? Like most countries, we are plagued with bad decisions and awful atrocities. America has ALWAYS been an ideal that we are far from actually reaching. I think the problem is, so many people think that America is more than an ideal, and that in practice we are actually implementing our ideals the right way. The huge amount of very complicated laws which no one could hope to understand is evidence of this - the thought behind this is "there is some perfect set of laws that can be implemented which will induce the correct behavior of society". This shows that "America" as an entity does not think of itself as an idea, but as a system, one that can be perfected.

    7. Re:Freedom and democracy by Altrag · · Score: 1

      They have the right to brag about how many rights they (used to) have. For all other rights, please consult the appropriate prosecuting agency.

    8. Re:Freedom and democracy by randyleepublic · · Score: 1

      Well, actually white, adult, male landowners used to live in a pretty great country. The rest of us have always been under the gun one way or another. The only difference is that now all of us are under the gun.

      --
      Social Credit would solve everything...
    9. Re:Freedom and democracy by Anonymous Coward · · Score: 0

      "The US thinks..."

      Actually that should read "The US government thinks...". Much of the general population is not very happy with the folks in Washington right now.

    10. Re:Freedom and democracy by Anonymous Coward · · Score: 0

      "US assassinates its own citizens, believes in torture, and incarcerates people indefinitely without a trial. And I could go on. But the amazing thing about all of this is that the US thinks it is a shining example of freedom and democracy around the world. How insane is that?"

      Not to burst your bubble, but all of the above have been happening since before the founding of the United States, and before the thirteen colonies. Despite what you may have heard (probably portrayed in movies or television), pre 20th century US was not all cowboys, sheriffs, and good up-standing citizens. There was still corrupt politicians, innocent people tried and killed for crimes they didn't commit, natives who were murdered and had their land taken from them...and something else...oh yeah - slavery.

      Unfortunately there is no perfect justice system.

      Fear, hatred, and corruption are apart of not just the current US, but humanity in general.

    11. Re:Freedom and democracy by Anonymous Coward · · Score: 0

      just wondering - what country do you live in? every time i see someone say something like this, they never actually say where *they're* from. i'm not disagreeing with you about the US, i'm just wondering where you live that's so much better.

    12. Re:Freedom and democracy by Anonymous Coward · · Score: 0

      And non-Americans like yourself delight in making sweeping generalizations about Americans. Get over yourself; your part of the problem, too, if you're willing to look at Americans as a single faceless mass of idiots.

  31. Why? by Anonymous Coward · · Score: 0

    Why is the government in the citizen's bedrooms? Perverts. Al of them.

  32. STOP BEING CORPORATE ENTITIES by gottspeed · · Score: 1

    As long as you claim that your name which the government owns as legal property is yours, you will always be in dishonor in court and lose by default. The facts are on the moon, its all fluff. Stop saying you belong to the government and they'll stop treating you like it. Maxim: "Born without a name or number, under no obligation to use one". Its called the right of self determination. Do you know any of your rights?

  33. So going in the wrong direction by Anonymous Coward · · Score: 0

    The problem was kids exploring their sexuality and ending up on a sex offender registry for the rest of their life. This doesn't fix the problem, it codifies it.

  34. Catching The "Good Kids" by IonOtter · · Score: 1

    An AC up above mentioned that the ONLY REASON this "law" is being changed, is because it was only catching the "good kids".

    I'll leave it to the reader to determine what constitutes a "good kid" in the US.

    Anyway, this is entirely the WRONG DIRECTION. Don't reduce the penalties, increase enforcement. Actively search kids' phones for nude pictures. Take them away in handcuffs, bring them before a judge and prosecute with every single ounce of power and fire you can manage. Crush them, destroy them, ruin them utterly and completely.

    Why?

    "I know no method to secure the repeal of bad or obnoxious laws so effective as their stringent execution. " - Ulysses S. Grant

    --
    [End Of Line]
    1. Re:Catching The "Good Kids" by Anonymous Coward · · Score: 0

      Kids can't vote.

    2. Re:Catching The "Good Kids" by IonOtter · · Score: 1

      All the more reason to be even more ruthless and unyielding in enforcement. Prosecute to the absolute maximum extent of the law.

      FORCE their parents into the voting booth.

      --
      [End Of Line]
    3. Re:Catching The "Good Kids" by russotto · · Score: 3, Insightful

      Grant was wrong. Nowadays, governments can do whatever they want to lawbreakers and not only will everyone around them be unsympathetic to their plight ("Well, you knew you weren't supposed to walk on the grass...now you're in for a beheading and it's your own fault") but even the lawbreakers will buy into that reasoning.

  35. Re:reading these comments by Anonymous Coward · · Score: 0

    Maybe you could make a movie about underaged zombies. That would be great.

  36. Re:reading these comments by Anonymous Coward · · Score: 0

    How so? Nobody here is arguing that it shouldn't be a crime for any adults involved, only that consensual sexual activities between people under the age of consent shouldn't be criminalized under statutory rape and similar laws that were designed to target abuse of kids by adults.

  37. Re:reading these comments by circletimessquare · · Score: 0

    you're a simpleton. you really think it's that pat and done with?

    the issue is these pictures go far and wide, out of simple high school meanness. you act like these pictures are exchanged in a philosopher's lounge between consenting parties. you're an idiot for thinking of this problem like that

    start here, for what is really going on:

    http://www.nytimes.com/2011/03/27/us/27sexting.html

    get your head out of your ass with your ignorant's understanding of the issues in play here

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  38. Re:reading these comments by nickS0488 · · Score: 1

    You're a cretin. I never argued that people who maliciously spread these pictures shouldn't face repercussion, nor that adults who are involved should ever escape prosecution.

    As far as I can see, however, nobody is arguing that they should. My argument, and indeed most people's on here, is that the victim - the person the law is supposed to protect - should NOT, ever, be facing the same charges as the people who maliciously spread pictures of them.

    To argue otherwise is to blame the victim for the action of others; it's equivalent to holding a woman responsible for her own rape because she was "dressed provocatively", or holding the victim of a robbery responsible simply because he wore expensive clothes. It's a dangerous argument which strongly undermines the enforcement of those crimes, since few victims are going to report a crime against them if they themselves risk prosecution simply for being the victim.

    In fact, I can easily imagine a pedophile coercing a kid into silence who'd been tricked into sending them pictures, by simply telling them that they could be held responsible for producing the pictures if they ever dared to report their abusers.

    Blaming the victim solves NOTHING, and makes things easier for criminals.

  39. suddenoutbreakofcommmonsense by GabriellaKat · · Score: 1

    Now if other states would only follow this example.... Outbreak indeed, and it needs to be retroactive, before they have even larger colonies of people living under a bridge or in swamps.

    --
    "Have you ever thought about just turning off the TV, sitting down with your politician, and hitting them?"
  40. Voters are to blame by Anonymous Coward · · Score: 0

    Recognize that the lawmakers are serving a populace that is largely incapable of logic or critical thinking. Consequently, the majority of Americans believe the following false things:

    1) Making sexting illegal will stop kids from doing it.
    2) The kids are, in general, aware that this is illegal and that the punishments are severe.
    3) The kids believe that they are very likely to get caught.
    4) The kids believe it is morally wrong to do this because it is illegal (and so are even less likely to do it).
    5) Any kid that does this probably is a pervert who will grow up to be a child molester, so putting them on the sex offender list early on is a good thing.
    6) Any person who tries to reduce the enforcement or punishment of anti-sexting laws is probably a child-molestor who should be pro-actively punished, in the interest of protecting the kids from future victimization.

  41. Re:reading these comments by Anonymous Coward · · Score: 0

    i feel like i am a room full of 45 year old pedophiles

    Guilt by association is a great argument! Well done.

    If there's a chance that something could be 'abused', ban it! Ban cars, knives, pencils, pens... ban everything! Criminalize taking naked photos of yourself if you're a child (the pedophiles might getcha, much like the terrists)!

    I'm 100% right and anyone who disagrees is obviously 100% wrong.

  42. Re:reading these comments by BitterOak · · Score: 2

    i feel like i am a room full of 45 year old pedophiles

    the tenor of concerns here skews far away from actual parental concerns

    Really? You think parents want police searching through their kids' phones looking at naked pictures? You think parents want their kids to face a very public trial over simple youthful indiscretions? You think parents want their kids fined and given a record simply because they didn't report to police that someone forwarded them some dirty pictures? If that's what you think parents want, then I thank God I'm not one of your children!

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  43. Food for thought. by Cant+use+a+slash+wtf · · Score: 1

    Imagine you are sent and email containing a naked child. You choose to disregard it, as it is quite obviously spam (let's presume you have a terrible spam filter), but do not delete it. This thing sits, rotting away in the depths of your inbox. Seeing as you didn't take any steps to report the image, if the cops found out about this would you be on your way to a felony?

    1. Re:Food for thought. by Anonymous Coward · · Score: 0

      Yes. Bob the Prosecutor sees a case like this and says to himself: "Woo hoo! Another sex crime to add to my 'As District Attorney, Bob locked up 500 filthy pedophiles!' ad campaign when I run for governor next year!"

      He doesn't care whether you're guilty or innocent, nor whether or not the law and its punishments make any sort of rational sense.

  44. Illegal 1s and 0s? Again? by Anonymous Coward · · Score: 0

    I think we just need mass, mass, mass culling of politicians as soon as possible. Anyone who thinks they can legislate that its illegal to USE YOUR PHONE FOR FUNCTIONS IT WAS DESIGNED FOR has asked for their final meal, seriously.

  45. Ugh... by Anonymous Coward · · Score: 0

    Because teens with raging hormones participating in pretty much the exact types of activities their bodies are demanding they participate in makes them EVIL and they should be PUNISHED. How about we realize that a guy getting a picture of his girlfriend to, erm, enjoy on his own is better than them having unprotected sex (and since these same Puritanical nitwits pushing for laws like this have made sex education basically worthless, it WILL be unprotected).

  46. This is important to nerds how ? by Anonymous Coward · · Score: 0

    Really news for nerds stuff that matters ? and this falls into what category there ? or is /. becoming just another online newspaper ?