Another Cop Treats Sexting Teens Like Child Pornographers

from the teen-would-have-been-better-off-engaging-in-sexual-activity dept

More sexting stupidity, this time in Michigan.

A Three Rivers, Michigan, teenager is both the victim and perpetrator of a sex crime. He might land on the sex offender registry, and face criminal charges, all because he took an inappropriate photo—of himself.

The boy is unnamed in local news reporters, which note that he is under 15 years of age. He allegedly took a nude photo of himself on a girl’s cell phone. That girl sent the picture to another girl, who sent it to another. Preliminary charges are pending for all three—the boy was charged with manufacturing child porn, and the girls with distributing it. A prosecutor is still weighing whether to pursue the charges.
Hopefully, the prosecutor will realize that pursuing the suggested charges could ruin a few teens' lives. The police detective working the case seems to want to destroy these kids' lives… for the good of other teens, or something.
Police Detective Mike Mohney told WBST.com that sexting is a serious crime because it leads to “bullying,” and “real severe things like people committing suicide or violent crimes against others because they're so embarrassed about it.”
As Reason's Robby Soave points out, Detective Mohney is a walking contradiction. Apparently, it's never occurred to him that bringing child porn charges against these young teens might result in bullying and suicide. Nothing makes the future look dim and hopeless like a long stint on the sex offender registry. Nothing destroys someone's reputation faster than being listed alongside criminals who manufactured actual child porn, rather than just took a photo of their own adolescent body.

For that matter, the preliminary charges make this teen's decision to photograph his own body and send it to another teen a far worse crime than if he'd simply showed up at the girl's house, stripped off his clothes and proceeded to engage in sexual activity with her.

Taking off his clothes at her house would have been nothing more than indecent exposure, a misdemeanor. More importantly, unless the person has been convicted for other sexual-related crimes, there's no sex offender registration tied to the charge.

Even if he'd pursued sexual contact with the other teen, it still would have been a better outcome than being branded a child pornographer. Michigan has no "Romeo and Juliet" law, so any contact between teens -- no matter their closeness in age -- could trigger statutory rape charges. (Obviously, if the sexual activity was not consensual, this would be actual rape, but there's no reason to believe a [possibly] unsolicited naked photo rises to the level of aggravated sexual assault.)

If the activity was consensual, the worst charge would be statutory rape, which does not require sex offender registration for teens.
[P]eople who are convicted of criminal sexual conduct based on consensual sexual conduct with children over the age of 13 who are not more than four years older than their victims are not required to register.
And, if the sexual contact contained no penetration, no criminal charges would be brought at all.
[A] 17-year-old who engages in consensual petting with a 14-year-old could not be prosecuted for a crime. However, if the parties engaged in oral sex, the 17-year-old could face prosecution.
So, this so-very-concerned detective has taken a digital photo -- taken by a teen of his own body -- and turned it into something worse than actual in-person nudity and/or sexual contact. That's a pretty fucked up way to show concern for sexting teens. Treating photos taken by minors and distributed to other minors as child porn is the worst possible way to handle a situation that, in all reality, should be left to the discretion of the teens' parents.


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  • identicon
    Anonymous Coward, 5 Feb 2016 @ 11:46am

    The law's the law.

    The law itself is the problem.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Anonymous Coward, 5 Feb 2016 @ 11:54am

      Re: The law's the law.

      Well the law certainly possesses the evidence, has viewed it, will disseminate it in court and will deny all responsibility for having broken those ridiculous laws they are supposed to enforcing. Ridiculous in that the don't actually help control the behaviors they claim they were supposed to control.

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 5 Feb 2016 @ 2:44pm

        Re: Re: The law's the law.

        Don't forget suppress all evidence they have collected that contradicts their narrative. As well as openly lie about it, if the judge or defense asks if any such thing exists.

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      • icon
        tqk (profile), 6 Feb 2016 @ 4:48am

        Re: Re: The law's the law.

        Well the law certainly possesses the evidence ...

        You've confused "the law" with "law enforcement agents." Law is written by lawmakers. Police only enforce laws.

        Distinguishing one from the other is important.

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    • identicon
      Anonymous Coward, 5 Feb 2016 @ 11:56am

      Re: The law's the law.

      Yes and no. The law is the first problem. The decision of the cop to use the law for an unintended purpose is the second problem. Just because the first problem allows for the second doesn't mean the cop isn't responsible for making a bad and immoral decision.

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 5 Feb 2016 @ 12:07pm

        Re: Re: The law's the law.

        The decision of the cop to use the law for an unintended purpose is the second problem.

        Not unintended at all. If lawmakers want to make exceptions they can do so. It's the cops job to enforce the law equally, not to pick choose who he thinks should be above the law.

        reply to this | link to this | view in chronology ]

        • identicon
          Anonymous Coward, 5 Feb 2016 @ 1:27pm

          Re: Re: Re: The law's the law.

          "If lawmakers want to make exceptions they can do so."

          If they think to do so. They might think no one would prosecute self-pornographer children under the bill and thus not put in such an exception.

          It's not the cops' job to enforce the law "equally." They are supposed to use human judgment. If laws were enforced equally, we'd all be in jail and bankrupt from paying fees because we all break laws everyday.

          Arresting a child for making "child porn" of themselves isn't equal with arresting a 35 year old with making child porn with a child.

          For another thing, if a child isn't legally capable of providing consent to have sex with an adult and thus would be the victim of statutory rape if they had sex with an adult, then a child isn't capable of providing consent to the creation of child porn and thus can't be convicted of making their own child porn of themselves. You can't be a victim of your own offense when the spirit of the law is meant to protect you, not to prosecute you.

          reply to this | link to this | view in chronology ]

          • identicon
            Anonymous Coward, 5 Feb 2016 @ 7:27pm

            Re: Re: Re: Re: The law's the law.

            If they think to do so.

            How could anyone *not* consider it? It's an obvious case.

            They might think no one would prosecute self-pornographer children under the bill and thus not put in such an exception.

            And they *might* be unicorns too. But I doubt it.

            It's not the cops' job to enforce the law "equally."

            It most certainly is.

            They are supposed to use human judgment. If laws were enforced equally, we'd all be in jail and bankrupt from paying fees because we all break laws everyday.

            Then, gee, let's just make breathing illegal and let cops just use their judgement as to when to enforce it. We can pretty much get rid of all the other laws then.

            Arresting a child for making "child porn" of themselves isn't equal with arresting a 35 year old with making child porn with a child.

            So, you think it's OK up to age 35, eh? Yeah, I don't think so.

            For another thing, if a child isn't legally capable of providing consent to have sex with an adult and thus would be the victim of statutory rape if they had sex with an adult, then a child isn't capable of providing consent to the creation of child porn and thus can't be convicted of making their own child porn of themselves.

            Citation, please, or you're just making crap up.

            reply to this | link to this | view in chronology ]

            • identicon
              Anonymous Coward, 6 Feb 2016 @ 1:07pm

              Re: Re: Re: Re: Re: The law's the law.

              How could anyone *not* consider it? It's an obvious case.

              There isn't an IQ test for getting elected. There are plenty of people who wouldn't consider it.

              And they *might* be unicorns too. But I doubt it.

              You have a lot of faith in legislators. Their track record doesn't support your faith.

              It most certainly is.

              It really isn't.

              Then, gee, let's just make breathing illegal and let cops just use their judgement as to when to enforce it. We can pretty much get rid of all the other laws then.

              Slippery slope much?

              So, you think it's OK up to age 35, eh? Yeah, I don't think so.

              I didn't say that at all. You're fighting a strawman. I arbitrarily picked out 35 so there wouldn't be confusion that I was referring to the difference between an adult and a minor. 35 is definitely an adult. Under 18 is definitely a minor. You seem to have difficulty understanding nuance.

              Citation, please, or you're just making crap up.

              How do you suppose I cite an opinion? Here, I'll try:

              Me. (2016). What I Just Said. The Internet: Techdirt.com. Retrieved Feb. 6, 2016.

              reply to this | link to this | view in chronology ]

              • identicon
                Anonymous Coward, 6 Feb 2016 @ 6:30pm

                Re: Re: Re: Re: Re: Re: The law's the law.

                There isn't an IQ test for getting elected. There are plenty of people who wouldn't consider it.

                A whole legislature, huh? Wow.

                Slippery slope much?

                Nice job of not answering the question you apparently wanted to avoid.

                Under 18 is definitely a minor. You seem to have difficulty understanding nuance.

                There is nothing all nuanced about declaring a specific number, as you did. Perhaps you should actually look up the word before using it so that *you* can understand it.

                How do you suppose I cite an opinion?

                Hint: Statements of claimed facts, such as "can't be convicted" are not opinions. So, yeah, you seem to be making crap up.

                reply to this | link to this | view in chronology ]

                • identicon
                  Anonymous Coward, 6 Feb 2016 @ 8:38pm

                  Re: Re: Re: Re: Re: Re: Re: The law's the law.

                  A whole legislature, huh? Wow.

                  If you think the whole legislature considers every angle of every proposed bill put before them, much less actually reads the full text of every proposed bill, you are severely naive and need to watch a depressingly great amount of C-Span.

                  Nice job of not answering the question you apparently wanted to avoid.

                  There was no question, just an absurd suggestion of outlawing everything. Try again.

                  There is nothing all nuanced about declaring a specific number, as you did. Perhaps you should actually look up the word before using it so that *you* can understand it.

                  The nuance was not in the specific number but in the distinction between an adult and a minor. The fact that you didn't get that indicates that you did not understand the nuance. Since I was the one making the nuanced distinction, it's not possible for me to have misunderstood the nuance of what I meant, so your response is absurd.

                  Hint: Statements of claimed facts, such as "can't be convicted" are not opinions. So, yeah, you seem to be making crap up.

                  Nope. The assertion that minors can't be convicted of a crime they are not capable of committing is an opinion. You cannot tell me that my opinions are statements of fact. I stated them as opinions. I'm sorry you misunderstood them as statements of facts.

                  Is there anything else you want to tell me about what I meant? You seem to know me pretty well.

                  reply to this | link to this | view in chronology ]

                  • identicon
                    Anonymous Coward, 7 Feb 2016 @ 11:52am

                    Re: Re: Re: Re: Re: Re: Re: Re: The law's the law.

                    Nope. The assertion that minors can't be convicted of a crime they are not capable of committing is an opinion. You cannot tell me that my opinions are statements of fact. I stated them as opinions. I'm sorry you misunderstood them as statements of facts.

                    Is there anything else you want to tell me about what I meant? You seem to know me pretty well.


                    You are a convicted pedophile.

                    reply to this | link to this | view in chronology ]

                    • identicon
                      Anonymous Coward, 7 Feb 2016 @ 2:53pm

                      Re: Re: Re: Re: Re: Re: Re: Re: Re: The law's the law.

                      [citation needed]

                      reply to this | link to this | view in chronology ]

                      • identicon
                        Anonymous Coward, 8 Feb 2016 @ 7:35pm

                        Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: The law's the law.

                        No citation needed for an opinion.

                        reply to this | link to this | view in chronology ]

                        • identicon
                          Anonymous Coward, 10 Feb 2016 @ 9:08am

                          Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: The law's the law.

                          Saying someone is a convicted pedophile is a statement of fact, not opinion. It's either true or it isn't.

                          reply to this | link to this | view in chronology ]

                          • identicon
                            Anonymous Coward, 15 Feb 2016 @ 4:38am

                            Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: The law's the law.

                            You cannot tell me that my opinions are statements of fact.

                            reply to this | link to this | view in chronology ]

                          • identicon
                            Anonymous Coward, 15 Feb 2016 @ 4:40am

                            Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: The law's the law.

                            You cannot tell me that my opinions are statements of fact. I stated them as opinions. I'm sorry you misunderstood them as statements of facts.

                            reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Feb 2016 @ 2:07pm

      Re: The law's the law.

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 5 Feb 2016 @ 2:17pm

        Re: Re: The law's the law.

        Why do you think they are SO INTERESTED in these kids?

        It's the only legal way to consume pornographic material without getting a 'legal system' dick rammed in your ass!

        reply to this | link to this | view in chronology ]

    • identicon
      Justme, 5 Feb 2016 @ 7:37pm

      Re: The law's the law.

      "We are a nation of laws, poorly written and randomly enforced."
      > Frank Zappa

      reply to this | link to this | view in chronology ]

    • icon
      Bergman (profile), 6 Feb 2016 @ 4:32am

      Re: The law's the law.

      This is a classic case of unintended consequences -- a law intended to protect children is instead used to destroy them. There is no selfie exemption to the child pornography laws.

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 6 Feb 2016 @ 7:20am

        Re: Re: The law's the law.

        This is a classic case of unintended consequences -- a law intended to protect children is instead used to destroy them.

        Laws are intended to feed the criminal justice system.
        Mission accomplished.

        reply to this | link to this | view in chronology ]

        • icon
          tqk (profile), 6 Feb 2016 @ 1:39pm

          Re: Re: Re: The law's the law.

          Laws are intended to feed the criminal justice system.

          *Our* intent for the criminal justice system is to deter, and force compensation for, bad (predatory) behavior.

          *Governments* pervert that intent into feeding that system. There's money and power to be gained from it which is all governments ever need and want. This is why governments must be closely monitored and constrained from running wildly out of control, because left alone, they will. It's a fact of reality.

          Fire can be a very good thing for (eg.) converting raw material into edible food or keeping you warm, but it can also burn down your house, city, forests, ... Governments are no different. We need to develop something like the fire department to keep our governments from burning out of our control. Revolutions can do that, but they're hardly an ideal solution to the problem.

          reply to this | link to this | view in chronology ]

          • identicon
            Wendy Cockcroft, 8 Feb 2016 @ 5:48am

            Re: Re: Re: Re: The law's the law.

            Now here we agree. We need to keep it on a choke chain and be ready and willing to yank hard on it whenever they misbehave.

            While I don't approve of sexting, kids show each other their bits in real life, too. It's a kid thing to do. To punish kids for being kids seems stupid to me. They need better advice on how to stay safe on the internet and how to avoid the pitfalls that go with exposing themselves (in every way) online, not heavy-handed legal beat-downs like this.

            reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Feb 2016 @ 11:55am

    Pedophiles are born that way.

    It's never too soon to identify them.

    reply to this | link to this | view in chronology ]

    • icon
      tqk (profile), 6 Feb 2016 @ 5:06am

      Re: Pedophiles are born that way.

      It's never too soon to identify them.

      I think most people would prefer we not manufacture them instead of just identify them.

      reply to this | link to this | view in chronology ]

  • icon
    Derek (profile), 5 Feb 2016 @ 11:55am

    but... copyright

    And let's not forget that the girl is probably guilty of copyright infringement because she forwarded on the picture without the photographers permission.

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  • identicon
    Anonymous Coward, 5 Feb 2016 @ 12:06pm

    Police Detective Mike Mohney told WBST.com that sexting is a serious crime because it leads to “bullying,” and “real severe things like people committing suicide or violent crimes against others because they're so embarrassed about it.”

    So instead of 'The Police' saving you from what this MIGHT LEAD TO, they will intentionally inflict the same to you through the legal system.

    I can imagine someone considering suicide after being labeled a fucking sexual predator over a dick pic. If a rebellion starts... it will be impossible for me to feel sorry for law enforcement harmed in the progress of it.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Feb 2016 @ 12:06pm

    Did you know that in "totalitarian" Russia it's legal to possess "child pornography" mostly for very these reasons?
    You can't be prosecuted for just an information about something.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Feb 2016 @ 12:11pm

      Re:

      Did you know that in "totalitarian" Russia it's legal to possess "child pornography" mostly for very these reasons?

      No, I didn't know that, because it's not true.

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Feb 2016 @ 12:22pm

    It's for his own good, to protect the victim!

    "He might land on the sex offender registry, and face criminal charges, all because he took an inappropriate photo—of himself."

    Don't worry people, while this punishment may seem harsh and extreme, it's really all for the victim's own good.

    Once he's on the sex offender registry he'll be barred from making contact with himself, and barred from living within 5 miles of himself.

    It'll also protect him from being victimized by a sexual predator such as himself again. The state will know exactly where he lives, and will take appropriate action to keep him apart from himself.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Feb 2016 @ 12:51pm

      Re: It's for his own good, to protect the victim!

      At this point I'm just waiting for the headline:
      "Sex offender sentenced to 10 years for touching himself in an inappropriate place! Says 'I was just taking a shower!' Read more about this disturbed individual on page 3."

      reply to this | link to this | view in chronology ]

  • identicon
    Boris & Natasha, 5 Feb 2016 @ 12:23pm

    If only the girl was a priest. The pix could be ruled a confession and protected under the 1st amendment.

    reply to this | link to this | view in chronology ]

  • icon
    Matthew Cline (profile), 5 Feb 2016 @ 12:24pm

    Wait, if I'm reading the law correctly, if a 15 year old boy has penile/vaginal sex with a 15 year old girl, the boy can be prosecuted for statutory rape? Or if two 15 year old boys had anal sex, the one doing the penetration could be prosecuted?

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Anonymous Coward, 5 Feb 2016 @ 12:38pm

      Re:

      The one wielding the sword is the one who is aggressing.

      It appears on this issue the feminists don't seek equality.

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 5 Feb 2016 @ 4:26pm

        Re: Re:

        First of all, useless comment.

        Second of all, incorrect, part of feminism is getting rid of the stereotypes that women don't have the power to make decisions regarding this kind of thing. It's the current system that goes "hay, dude is guilty cause he's a dude and he should have known better cause he's a dude."

        Part of the reasons feminism states that it helps men as well.

        reply to this | link to this | view in chronology ]

        • identicon
          Anonymous Anonymous Coward, 6 Feb 2016 @ 9:20am

          Re: Re: Re:

          First of all, not useless, this is the way society has framed it, right or wrong.

          Second of all, no, that is NOT the way femenists are framing it, for some examples see here, here, here, and here, where feminists are pushing the agenda that the male is at fault, always. Oh, and 'yes' today could mean 'no' a week or so down the road.

          Then again, I, along with everybody else, was trained by society and society is still trying to get it right.

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          • identicon
            Anonymous Coward, 6 Feb 2016 @ 2:19pm

            Re: Re: Re: Re:

            First article - nothing to do with feminism. It's about the sex offender registry and how people accused of rape can have their lives ruined.

            Second article, only way it would not beconsidered by a higher court is if it wasn't appealed. It notes one woman has a radical feminist theory, this does not mean feminism. Additionally for a victim to not have to face their attacker is a thing that happens in cases from stalking, abuse, all the way up to murder. Ultimately irrelevent. Additionally the unconstitutional actions of a school which has attempted to do such a things can be sued, and they have been in the fast. They aren't legal adjudicators and if they do something that harms the rights of students, the students can very easily sue the school. I believe there was an article a while back regarding this very thing with a false rape claim, and the student sued the school and won due to the school attempting to do something like that.

            The third really has nothing to do with feminism except for the author screeching in his second last paragraph about neo-feminists. Additionally I addressed this before, a large reason a man is considered guilty is due to how society perceives men and women. I also can't find a direct referrel of the case he's talking about, so I can't read through all the legal documents to create an informed opinion on that particular case.

            Got halfway through the foruth. Again, societal/cultural issues regarding male responsibility as men are seen as the "actor" while women are seen as passive.

            None of them really have anything to do with any feminist agenda. Aside from occasionally making comments about how women are fickle and likes to destroy lives, the articles really don't say anything about feminists, and only makes note of a SINGLE woman who was a 'radical' feminist.

            I can't say one way or the other regarding that woman as I don't care enough to look her up.

            Read it, ultimately little to nothing to do with feminism or feminisms goals. Nothing in there about how "feminists" frame anything, but it does seem you want to blame feminism for the actions of some individual women who may or may not actually be doing anything related to feminism. There was no speech from a feminist organization, no rallies, no anything regarding feminists regarding any of those cases, and even if an individual woman is a feminist, it doesn't make an issue that they are pushing a feminist issue.

            reply to this | link to this | view in chronology ]

            • icon
              tqk (profile), 6 Feb 2016 @ 3:30pm

              Re: Re: Re: Re: Re:

              I've never understood why anyone thought feminism made any sense. It's obviously discriminatory in favor of females, and therefore against males. It's based on stereotyping of males and females.

              We are both male and female persons. Certain specific traits can often generally be ascribed to one or the other, but it's hardly something that's universal and guaranteed. A lot of it is learned behavior, not dependent upon the gender of the individual person.

              It's also "reactionary" with the assumption that since women have been treated like property by males through history, it's high time we forced male dominated society to pay back. It's reverse discrimination.

              When I was a kid, it was practically unheard of for a father to gain custody when a marriage broke up. Judges just assumed children were better off with their mother. That wasn't feminism that caused that. That was tradition and conservatism playing out, to the detriment of fathers and the benefit of mothers.

              Inventing feminism to make up for the excesses of historical male dominance was never justified. It's a putrid sham foisted upon us by credulous psycho-babble and people who think nothing of stereotyping based on gender.

              I'm a person first, and so should you be.

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              • identicon
                Anonymous Coward, 10 Feb 2016 @ 3:50pm

                Re: Re: Re: Re: Re: Re:

                Fallacious argument. As you said yourself, tradition conservatism to the DETRIMENT of fathers and the benefit of mothers is still based on faulty assumptions about women.

                Again, feminism is about bringing equality between genders due to historic inequalities having impacts on how we view male/female interactions and positions in society. Black and white people are just persons with different skin color, but they had a long (and are still having a movement) regarding racial prejudice and intolerance simply due to their skin color.

                There is no "reverse discrination", I have yet to see what "extra rights" feminists are fighting for that are above and beyond the rights men get. This is just one dynamic, there's many others of course, and different movements to address each of them.

                I'm a person first, and I believe in equal rights for all, and I believe progress towards a utopia where we are not judged based on gender or skin color will only be obtained by bringing light on the injustices and inequalities and correcting them.

                reply to this | link to this | view in chronology ]

                • icon
                  tqk (profile), 11 Feb 2016 @ 3:36pm

                  Re: Re: Re: Re: Re: Re: Re:

                  Fallacious argument. As you said yourself, tradition conservatism to the DETRIMENT of fathers and the benefit of mothers is still based on faulty assumptions about women.

                  I agree, and men too! That male dominated society hasn't been all that much of a bed of roses either for a lot of males, forever just like for women. Feminists just feel they're oppressed by men. Aren't we all? Some men, yeah, but not all.

                  Keep on keepin' on; don't let the bastards grind you down. Build alliances, and stampede grind every predator any of you see into the dust (think herd of wildebeest :-). "Pooh: Oh bother. Lock phasers on the Heffalump. Piglet, meet me in transporter room three. ..."

                  reply to this | link to this | view in chronology ]

            • identicon
              Anonymous Anonymous Coward, 7 Feb 2016 @ 8:33am

              Re: Re: Re: Re: Re:

              As tqk points out, we are all people, and while there are differences between us (some are tall, some are short, some are ecru, some are brown, some have blonde hair, some have brown, black, or chestnut hair, some choose to change their hair color, some are male and some are female and some are a mix, some choose to change their sex, and some go out of their way to appear different) those differences are more descriptive than definitive, we are all still people. Whereas you see those differences and think definitive, rather than descriptive. Could you imagine how boring life would be if we were all the same, and forget the procreation stuff. Funny that...we are NOT all the same, but we are still all people, which would indicate a certain sameness. Oh the contradictions nature thought up.

              Some people have difficulty dealing with other people who are not like themselves. Society teaches that, at least the microcosm that an individual grows up in. Others are more broad minded, inquisitive, interested, accepting, willing to and relishing change. Unfortunately that does not include all of, or even a majority of society (which is where our laws come from and why there are many, many, many more males than females on the sex offenders lists).

              But, you've convinced me. You are a dyed in the wool, true blue, never to be dissuaded feminist. Or would that be feminazi? I understand that people will believe whatever confirms their prejudice, no matter how ridiculous, and you have your prejudice. No matter what anyone else says, you are right. So, enjoy being right. The rest of us, or at least a lot of us, will enjoy ignoring you. Me...I'm looking for some changes.

              reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Feb 2016 @ 7:34pm

      Re:

      Wait, if I'm reading the law correctly, if a 15 year old boy has penile/vaginal sex with a 15 year old girl, the boy can be prosecuted for statutory rape?

      No, they're both guilty of raping each other because a person under 18 cannot consent to sex.

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Feb 2016 @ 12:30pm

    Re: Law

    Governments need to made more straightforward first.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Feb 2016 @ 1:41pm

      Re: Re: Law

      Our government IS straightforward.

      We just allow them to fool the shit out of you and make you believe it is not!

      We technically have the most straightforward government in the world, but you like most others cannot be bothers to leave your concerts and Superbowl seats to do much more than vote on the turd fucks that your party tells you to vote for.

      100% of the problems with the US Governments is because the citizens give just exactly zero fucks unless it is news du jour.

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Feb 2016 @ 12:35pm

    Wooow!

    it leads to “bullying,” and “real severe things like people committing suicide

    http://i.imgur.com/5auhuVi.png

    That escalated quickly!

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Anonymous Coward, 5 Feb 2016 @ 12:45pm

      Re: Wooow!

      The police have a responsibility to shoot you dead to keep you from committing suicide.

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 5 Feb 2016 @ 3:47pm

        Re: Re: Wooow!

        Honestly I do hope that the police would shoot a person before that person is able to commit suicide (feel free to change "a person" or "that person" to "me" meaning the author of this post). Because at least here in Germany suicide is a federal crime while the police blinding an innocent person or even killing them is the right thing to do even if that person is innocent. So yeah... before I go to hell for committing suicide I prefer that the police officer suffers in hell for eternity. My guess is that this makes the officer a good person, somehow.

        reply to this | link to this | view in chronology ]

  • icon
    Almost Anonymous (profile), 5 Feb 2016 @ 12:39pm

    Plenty of stupidity to go around

    But, let's start with this:

    nude picture of person (regardless of age) != pornography

    Therefore, no law was broken to start with.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Feb 2016 @ 12:39pm

    Re: Law

    It is straight forward. Anyone taking a naked picture of a minor is creating child pron. Can't get easier than that.
    The problem here is that the law makes now difference between a let's say 40 years old person, no offense against 40 year olds, and a minor who takes a selfie.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Feb 2016 @ 1:45pm

      Re: Re: Law

      wrong, there are pic of naked babies on the web that are never prosecuted, there are statues of naked childlike beings all over the fucking planet including the US and its capitals.

      none of it is straight forward and all if it is formed of pure corruption and fear tactics.

      Everyone in the US has at one time or another been witness of or a party to child pornography according to how the law is written and that is just exactly what they fucking want it to be so they can shit right on your life the moment they decide they want to.

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 5 Feb 2016 @ 3:41pm

        Re: Re: Re: Law

        "wrong, there are pic of naked babies on the web that are never prosecuted, there are statues of naked childlike beings all over the fucking planet including the US and its capitals."
        All those individuals have been lucky so far but they can be prosecuted at any time now! That is the law!

        If you don't get it... I agree with what you say but just to be sure let me add

        /s

        And about everyone sometime... that's how you get rid of people you don't like. Google "pinke rosa listen NSDAP" to understand what I mean.

        reply to this | link to this | view in chronology ]

  • icon
    That Anonymous Coward (profile), 5 Feb 2016 @ 12:40pm

    Look over there at all of the horrors that COULD happen and ignore the horrors we are causing right here.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Feb 2016 @ 12:48pm

    Possession of Child Pornography really should be legal, because it's just causes far more problems than it solves.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Feb 2016 @ 1:34pm

      Re:

      No, it really shouldn't. Because legal possession would have to come from illegal creation. It's similar to theft by receiving. You might not have stolen the property, but you knew that it was stolen and still accepted it, so you can still be prosecuted.

      They just need to clarify the law to make it so that brief, unintentional possession is not prosecuted the same as intentional possession. Otherwise getting sent child porn via email would be enough to convict innocent people of possession and would become a weapon for revenge, kind of like swatting.

      reply to this | link to this | view in chronology ]

      • identicon
        Anonymous Coward, 5 Feb 2016 @ 1:47pm

        Re: Re:

        >Otherwise getting sent child porn via email would be enough to convict innocent people of possession and would become a weapon for revenge, kind of like swatting.

        I hate to break this to you, but that already happens now...

        reply to this | link to this | view in chronology ]

  • icon
    DB (profile), 5 Feb 2016 @ 1:37pm

    Hmmm, I have a thought-provoking interpretation of the situation.

    The boy wasn't engaged in child pornography. A nude picture is not necessarily pornography.

    The girls *were* engaged in distributing child pornography. There actions were done out of prurient interest. They took a picture that might not have been pornography, and changed it into child pornography. (As absurd as that sounds, it's the viewpoint used to prosecute people with collections of pictures of naked children.)

    If there were a consistent approach approach to justice, the boy would be the innocent, offended party and the girls would be given long prison term and punished for life, just like other child pornographers.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Feb 2016 @ 2:00pm

      Re:

      >A nude picture is not necessarily pornography.

      Try telling that to the Americans, and British... and Australians...

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Feb 2016 @ 7:40pm

      Re:

      As absurd as that sounds, it's the viewpoint used to prosecute people with collections of pictures of naked children.

      It sounds absurd because it is. Which makes any legal system that practices it absurd.

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Feb 2016 @ 2:42pm

    The state owns you're body. so of course it is a crime if you use it in a way they disaprove of.

    Where did you think you were? A country where you have rights and laws protecting yourself.

    reply to this | link to this | view in chronology ]

  • identicon
    Zonker, 5 Feb 2016 @ 3:06pm

    Quick, display the nude photos on the local news broadcast with the kid's name so that it will no longer be considered a crime to prosecute! That should solve the problem!

    (Obviously I would never actually advocate this, just pointing out the hypocrisy.)

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 5 Feb 2016 @ 3:10pm

    There is no freedom in the United States of America.

    reply to this | link to this | view in chronology ]

  • icon
    techflaws (profile), 5 Feb 2016 @ 9:55pm

    Re: Law

    It's straight forward enough to draw attention away from any pedophilic cops.

    reply to this | link to this | view in chronology ]

  • icon
    tqk (profile), 6 Feb 2016 @ 4:40am

    Bully decries bullying! Film at eleven.

    Police Detective Mike Mohney told WBST.com that sexting is a serious crime because it leads to “bullying,” ...

    Wake the !@#$ up, moran!

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 6 Feb 2016 @ 1:08pm

      Re: Bully decries bullying! Film at eleven.

      Well, technically he is correct. It leads to bullying by police officers.

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 6 Feb 2016 @ 6:47pm

    Re: STATE SANCTIONED SEXUAL ABUSE OF JUVENILES - HAVENWYCK HOSPITAL - AUBURN HILLS, MICHIGAN

    Link gives "Sorry, the page you were looking for in this blog does not exist."

    reply to this | link to this | view in chronology ]

  • icon
    Nurlip (profile), 8 Feb 2016 @ 7:24am

    By his own logic, the detective should be charged with collecting and distributing child pornography (despite that fact that doing so was his job).

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 8 Feb 2016 @ 7:40pm

      Re:

      By his own logic, the detective should be charged with collecting and distributing child pornography (despite that fact that doing so was his job).

      Nope, he was just enforcing the law, and the same law says he's exempt.

      reply to this | link to this | view in chronology ]


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