Well the only other argument that I can offer is that 17 is old enough to make decisions, and that the fault in the law that I was looking for was that the age needs an adjustment as this kid pretty much knew what he was doing. Other than that... you win, I can't think of anything else. I offer you this video.Harrowdown said:The distribution of kiddie porn is illegal for more reasons than preventing profit. As a minor, the kid in the pictures can't legally consent to appearing in porn, the reason being that minors aren't really old enough to make reasoned independent decisions of this kind. Seventeen, I grant you, is very nearly an adult, but there needs to be a clear legal definition for the law to function efficiently. If you don't have one, then it gets a lot harder to enforce the law.Womplord said:I just don't understand why it has to be so rigid and uncompromising. I understand why the distribution of child porn is illegal: So that it is difficult for people creating child porn for money to actually be successful. However, rather than imprison 'distribution of child porn,' perhaps the law should punish 'distribution of child porn for personal gain,' or something like that.Harrowdown said:He distributed sexually explicit pictures of an underage boy. Laws against what is technically the distribution of child pornography are not what I would call pointless. Just because this one guy isn't a perverted porn dealer doesn't mean that the law shouldn't apply. The kid shouldn't have posted the pictures in the first place, but that doesn't negate the fact that what the guy did was illegal. Sure, he didn't necessarily obtain the pictures illegally, although he could be said to be technically implicit in the creation of them if he was in the chatroom where they were taken. The act of distribution is illegal though, and for good reason. The kids feelings don't actually come into it.Womplord said:So we should just keep enforcing pointless laws for no reason other than because it's the law? How about actually changing the law so it serve's a purpose? I just think that what they are doing to this kid is barbaric. The kid in the pictures is an idiot for posting the pictures in the first place, he should have seen this coming. And I know you will probably say 'oh but he shouldn't have to worry about these things because the law should stop that!'. Well that's not the way the world works. You can't just have a law to stop the feelings of an idiot from being hurt, there are life lessons to be learned from this. You can't just go around posting naked images of yourself and not expect any consequences. And the emotional damage of the man going to prison will be a lot worse anyway. Besides, it's not like he posted the images to the whole school. Just to the teachers. There's no way the school would have found out anyway. (although I guess they have now that the authorities have told everyone)Harrowdown said:Maybe because it's a crime? Seems like a pretty good reason right there to punish someone...Womplord said:If its not serious... and he doesn't seem to be dangerous... then why does he need to be punished? I think it's disgusting that they are sending this guy to prison for this. It's stupid how these borderline differences matter so much. 'Oh, the guy in the images was 17 and a half, he should burn.'Harrowdown said:He probably should be punished for this. It's probably not the most serious thing ever, and he certainly doesn't seem to be dangerous or anything, but a crime is a crime. That said, he gets points for being hilarious.
So yeah, there was no malicious intent in this mans crime, but it was still illegal, and the kid in the pictures was most definitely wronged. He shouldn't have made the pictures available in the first place, granted. Nevertheless, a society based on law can't just ignore said laws whenever they feel like it. If a kid steals sweets, gets caught, and gets off scot free, then the laws against theft are useless, and that kid learns nothing. I'm not saying the punishment has to be excessive, especially for first time offenders, but there has to be some sort of consequence, or the law becomes impotent.
And I'm not saying that the laws should be extremely flexible either, I understand that this kid will be punished. I'm just saying that if laws don't work properly, they should be changed so that they do, so that IN FUTURE a similar case of unfair imprisonment doesn't occur. I'm not arguing that the kid didn't obey the law, I'm just criticizing the law in itself, and I regard this imprisonment as immoral, and therefore the law that was used to imprison him as immoral as well.
Only imprisoning people who distribute for personal gain, if gain here is monetary, does little to stop the pedophiles who create, distribute and view this stuff for their own sexual gratification. There'd be a huge loophole allowing people to create and distribute this stuff non-profit, and the kids would still be victim to it.
The law is in place for good reasons, and the guy broke that law. A fair court would recognise that he's no deviant and give him a lenient sentence. That said, he was well aware of what he was doing, and deserves to answer for it. His intentions, however harmless, don't alter the impact of his actions. If good people do bad things, they get punished. The law is blind, etc.
http://www.youtube.com/watch?v=UnIZfn6XKF4