Child Porn Charges for comedian; edited video makes it appear children were listening to dirty song

Kingsnake661

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zelda2fanboy said:
Kingsnake661 said:
He WOULD have been legally allow, (maybe..i honestly don't know the law well enough) if he hadn't lied about his intentions to the school and used the kids images without consent. I can't see this as an infringment of his civil liberties, his "art" was produced illegally in the first place and thus, i would assume, has no protection from the first admendment. (again, i don't know for sure, but i think that's how it works.)

If he'd HAD concent, then, i doubt there'd have really been much of an issue here. But then, it's obviouse he'd have never GOTTEN concent, which is why he lied...
If a person is in a public place, you have the right to photograph that person. That's the beginning, middle, and end of this argument.
It's... not nearly as simple as your making it out to be, (your kind of right when it comes to audioless video, but things get more complacated with audio is involved.) and frankly, he wasn't in a public place. Don't be fooled by the name, a public school is NOT a publicly open place. You can't just wonder onto one and take video. You need consent to even get your foot in the door. And he lied to get the concent. He isn't an innocent victim here, he's a guilty one. He did do something wrong, just not what they are charging him with.
 

SenseOfTumour

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I heartily suggest sending a DVD of the british show Brass Eye to all concerned - I fully expect war declared on the corrupt, child abusing british nation of perverts by the end of the month.

I'd suggest to the Droppa Deuce and anyone else who thinks a guy that made a tasteless joke deserves jail time that no, paedohilia isn't funny ... but it can be. As can anything. Offence is taken, not given.

We're equally mental about paedophilia in this country, while at the same, thinking it's perfectly fine to print topless 16 year olds in the newspaper just as decoration, and chase 13 year old daughters of celebrities with long range cameras to print photos of them in their bikinis.

Seems it's ok to do slightly pervy things about teenage girls, so long as you mean it and you're not joking. If you're joking then you're sick. (Yeah, I don't get it either).

To me, the (admittedly pretty poor and in poor taste) 'joke' was that he was portraying himself singing an obscene song to children. Not that it was about them.

Unless you think that Chris De Burgh has a strict dress code that only allows women in wearing red, then it's probably offensive, but certainly not illegal.

If I had talent, skill, creativity and the balls to do it, I'd make my own, and encourage about 10,000 other people to do it to, as a protest.

I think he's already paid way over the price for being immature and rude, and using the kid's images without consent. He's obviously sorry and people should let it go imo.
 

SenseOfTumour

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Whoa, the comments on the other site are amazing levels of idiocy, I think they've pulled some of the youtube regulars away from arguing who's gayer, Britain or America.

" When he talks about doing something to a child's face sexually and then has a close up of a little girls face, that is child pornography, no 2 ways about it. "

Firstly, he's singing about doing something sexual to a woman's face, and as he was cutting back to his audience each time, what should he have cut to, an elbow shot?

He's done less than whisper 'cock' to a teenage girl on a bus, at least in terms of paedophilia.

His only real mistake was using the video of the kids without clearing it with the school or parents, who would have said no anyways, and saved him a lot of trouble.

Surely, legally, you have to make sexual images of a child before it's child pornography, any judge who can't understand that 'child porn' essentially needs to contain porn of a child, needs to hand in their wig and retire.

Sadly I can't see any way this overhyper paedo witchhunt will end, there's not one on every street corner, it's a rare thing, and common sense and some simple rules taught to your kid will keep em safe the vast amount of the time, we have to stop jumping at phantoms that might look a bit like they might be linked to bad stuff if you squint a bit, and start dealing with those who fuck kids.
 

Asuka Soryu

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Proof that justice is flawed because it's carried out by humans who are flawed and let stupidity, fear and lack of logic to enter into the frey.
 

EasySt17

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One Hit Noob said:
A little!? That is 20 fucking years! If I punched a police officer in the face and sold crack, I would get less years than this man.
Exactly. Plus a person will never be gainfully employed with a sex crime on the record. I can't believe there are actually people who think he should be prosecuted for this. Is his joke distasteful? Yes. Is being distasteful a crime? No. Anyone who wants to criminalize tasteless jokes in the name of puritanical ideaology might as well move to the middle east.
 

EasySt17

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One Hit Noob said:
A little!? That is 20 fucking years! If I punched a police officer in the face and sold crack, I would get less years than this man.
Exactly. Plus a person will never be gainfully employed with a sex crime on the record. I can't believe there are actually people who think he should be prosecuted for this. Is his joke distasteful? Yes. Is being distasteful a crime? No. Anyone who wants to criminalize tasteless jokes in the name of puritanical ideaology might as well move to the middle east.
 

EasySt17

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One Hit Noob said:
A little!? That is 20 fucking years! If I punched a police officer in the face and sold crack, I would get less years than this man.
Exactly. Plus a person will never be gainfully employed with a sex crime on the record. I can't believe there are actually people who think he should be prosecuted for this. Is his joke distasteful? Yes. Is being distasteful a crime? No. Anyone who wants to criminalize tasteless jokes in the name of puritanical ideaology might as well move to the middle east.
 

PinochetIsMyBro

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On one hand, horrible abuse of the law and violating his rights to free speech.

On the other hand, what on earth was he thinking? I'm surprised he's still alive. If some jerk superimposed a video of my children dancing to dirty song I'd be a bit more than 'upset.'
 

NaramSuen

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It is clear that the prosecutors and I have widely different opinions as to what constitutes "porn."
 

carnege4

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GothmogII said:
Lord Kloo said:
So is Saddam Hussian going to jail for pretending to have nuclear weapons even though he didn't..?

Does this mean the cast of meet the fockers will be jailed because the baby in it said 'Ass hole'..?

Seriously, I don't know how the US justice system works but I would hope to god that this was just a stupid judge using a literal rule of law..
Umm....Saddam had a chat with the hangman. So err...yes? (Not really of course, he was hung but it wasn't for that reason.)

Anyway...while I can proclaim the silliness of all this. Posting that video without the parents permission is the only real wrong this guy has wrought. It is ridiculous, the thought that he could get twenty years for this, but then, that is unlikely to happen, as I am reminded of the case of Christopher Handley: http://www.animenewsnetwork.com/editorial/2010-02-24/3

Handley was indeed tried and charged for possession of 'obscene' manga, after entering into a plea bargain in which he did plead guilty having exhausted all other options which as far as I can tell got him a reduced sentence. It's still to turn a phrase, a mockery of justice.
I cant believe i read that.
So, by having Hentai manga in his room, he got arrested? Lol
Im gonna hide all my visuals novels and mangas or ill be arrested for having ecchi/hentai material, like 95% of Japan to. LOL.
 

Evil Alpaca

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Even if a judge decides that this guy won't stand for criminal charges, he is going to be in hell from civil law cases. Every parent for every child portrayed has a slam dunk slander, defamation of character case. That means that he is going to get at least 20 lawyers all wanting to take every penny he has.
 

Chibz

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Evil Alpaca said:
Even if a judge decides that this guy won't stand for criminal charges, he is going to be in hell from civil law cases. Every parent for every child portrayed has a slam dunk slander, defamation of character case. That means that he is going to get at least 20 lawyers all wanting to take every penny he has.
Actually, Slander is nearly impossible to charge someone for successfully.

There are several ways a person must go about proving that libel has taken place. First, the person must prove that the statement was false. Second, that person must prove that the statement caused harm. And, third, they must prove that the statement was made without adequate research into the truthfulness of the statement. These steps are for an ordinary citizen. In the case of a celebrity or public official trying to prove libel, they must prove the first three steps, and must (in the United States) prove the statement was made with the intent to do harm, or with reckless disregard for the truth.
You need to prove that what he said about them was false. He... said nothing about them personally.

You need to prove that he made these statements without adequate research into whether they're truthful or not. What statements? I guess you could say he edited the video, they didn't really do them...

And generally the third one does apply for most people. Prove he did so to HARM THEM.
 

William Dickbringer

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Droppa Deuce said:
Nurb said:
Droppa Deuce said:
I'm sure the perp is guilty of something.

Some time in the slammer will do him good.

P.S. Superimposing, altering, photoshopping, editing videos and images can still constitute as an obscenity.

Maybe he should have done his homework before wasting his time on his little project.
And you might want to do your homework and read some of the posts and examples above to show how wrong you are in your assumptions.
Huh?

Anyway, it's like people who make Pedobear gifs of the little bear attacking kids or that girl from Lazytown etc. We know the kids are safe and the cartoon bear is superimposed and not real, but the message is clear. "Paedophilia is funny,". Well, it isn't.

I'll look into this guy's case in more detail soon, but I think the courts are sending a clear message.

Like I said, a little jail time might give him a bit of time to think of some new, funnier sketches. It'll do him good.
Uh....In case you don't know he's facing 20 years in jail (where he can be beaten) and being assigned a sex offender (which could ruin his life and labeling him as a pedophile) i feel he doesn't deserve something at all or even that extreme
 

Worgen

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Whatever, just wash your hands.
I have doubts about the validity of this video, it seems to stupid to be real which means it might just be fake, after all, it is only a youtube vid
 

kouriichi

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Oh my god. These people are F*CKING STUPID.
Its fake. These children never heard the dirty song.

So hes going to prison for a sexual crime against children, WHEN NO CRIME EVER EXISTED?

Im sorry, but if i were a judge i would heave the gavel at the idiots who wanted him im jail.

I mean, seriously. People fake videos all the time. Theres nothing wrong with it. The children were never touched, misstreated, or exposed to sexual things. How can you be stupid enough to belive he accually sat there and abused children infront of teachers? Im sure they would have stopped it if he had been.

Everyday someone asks me, "How can you have so little faith in humanity?".

This. THIS IS WHY. This is why when the world is on fire, people are coughing blood, and Raptor Jesus is mowing down non-belivers with a gold-plated vulcan, i wont feel sorry.
 

RN7

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...What I don't get is why he's getting charged on child pornography. He never really exposed children to anything, if that's the arguement they're using. By their logic, anyone who produces any song with sexual language should be charged for child pornography because a child may be able to hear it somehow.

Sigh. Stupid stuff like this makes Canada look better and better every day...
 

Therumancer

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rutger5000 said:
[
You're absolutely right, but any prison sentence at all is overkill. Sure the parents have the right to be angry, and what he did was wrong. But sending a man to prison ruins his life, and has a huge impact on the people that love him. Do you seriously believe that the man deserve such a heavy punishment?
This arguement can be made about anything, any time someone goes to prison. Punishments have to be a deterrant against behaviors, enough to make people fear breaking the laws or stepping over the line. The problem with wrist slapping is that it's not much of an actual deterrant, especially when there are gains to be made from the behavior in excess of what the punishment costs.

I hear a lot of people saying "OMG, this is bad, but nobody deserves to go to prison for that" or "prison is for real criminals" in response to a lot of things on these forums. I think a lot of it comes down to fear of the sentence, and that's exactly the point, and as far as I'm concerned if you break the law your a real criminal.

In a case like this what he did was extremely exploitive, and a massive violation of trust. What's more even if he didn't profit off of this (which I think he did) the potential exists for people to do the same basic things and to profit off of it. You simply give him a slap on the wrist and nobody is going to be deterred by it if they come up with an angle they can exploit by taping and editing children this way. It can get a lot worse than what this guy did, yet the precedent established here can be used to evade serious punishment.

This guy does 20 years, and then people who might have similar ideas are going to look at this and decide they'd rather not take that kind of risk. Give him a slap on the wrist, and then it's an incentive for wierdos with video cameras to try and get footage of kids they can edit for various purposes to make money off of and so on. Personally I'd prefer to give the guy the 20 years and have a lot less wierdos trying to exploit kids with video cameras and editing equipment.


I'm trying to keep it basic since I don't want to go on wierd "what if" tangents here, but the point is that the law has to be consistant, and when your dealing with big issues like people messing around with kids in places they are supposed to be safe like schools, then big penelties are appropriate. Sure, this guy might have his life ruined, and it might hurt his family, but that's the point, and exactly why someone else in the same situation might decide he really doesn't want to edit that video and put it up on Youtube, or take it around to local performances with him.

The same can be said of other cases where I've supporting penelties people have thought were going way too far. If a penelty isn't scary, then it's not much of a deterrant. The point of a punishment isn't just to punish the person receiving it, but to scare people out of doing the same things. A lot of people don't seem to get that when it comes to crime and punishment... a trivial punishment in many cases is actually worse than no punishment at all when it comes to setting precedent.

Believe it or not there are cases when I think the system can be too heavy handed. I am actually all for compassion in goverment... However when it involves people like this going into schools where people believe their children to be safe, and doing things like this, I am hardly forgiving. In other cases like hacking (which is another issue that comes up) I oftentimes advocate or support strong penelties, largely because people think that these crimes are either ridiculously trivial or not "real" crimes at all. Wrist slapping turns
it into a sort of game. The lack of strong action actually encourages more and more people
to do it. Thus in a lot of cases when I sit there and suggest sticking some teenage hacker in prison until he hits retirement age, the entire point is that by doing things like that you can get people to take it a lot more seriously. It's not a joke then. Nobody wants to be that guy, and can empathize with how sucky that might be, and perhaps how unfair in context of what he did. In the end though, that's exactly why people will stop doing it if you stick to your guns. The behavior dies down, then maybe you can look at being a bit more merciful in the big picture.

I'm rambling (and this is much longer than intended) but my thought processes on things like this are not like a lot of people on this site, and I understand that. To me putting a guy in prison for exploiting children on video, even if it's not "kiddie porn" for 20 years is perfectly reasonable, especially seeing as I consider what he did pretty heinous, as opposed to this being purely a matter of it being a deterrant. Parents need to believe their kids are safe in school, and that means people who do things like this need to feel the full wrath of the law. You back down, give a little wrist slapping, and your just going to wind up encouraging another thing for people to worry about.
 

Nurb

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Dec 9, 2008
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Therumancer said:
rutger5000 said:
[
You're absolutely right, but any prison sentence at all is overkill. Sure the parents have the right to be angry, and what he did was wrong. But sending a man to prison ruins his life, and has a huge impact on the people that love him. Do you seriously believe that the man deserve such a heavy punishment?
This arguement can be made about anything, any time someone goes to prison. Punishments have to be a deterrant against behaviors, enough to make people fear breaking the laws or stepping over the line. The problem with wrist slapping is that it's not much of an actual deterrant, especially when there are gains to be made from the behavior in excess of what the punishment costs.

I hear a lot of people saying "OMG, this is bad, but nobody deserves to go to prison for that" or "prison is for real criminals" in response to a lot of things on these forums. I think a lot of it comes down to fear of the sentence, and that's exactly the point, and as far as I'm concerned if you break the law your a real criminal.

In a case like this what he did was extremely exploitive, and a massive violation of trust. What's more even if he didn't profit off of this (which I think he did) the potential exists for people to do the same basic things and to profit off of it. You simply give him a slap on the wrist and nobody is going to be deterred by it if they come up with an angle they can exploit by taping and editing children this way. It can get a lot worse than what this guy did, yet the precedent established here can be used to evade serious punishment.....
He didn't mess with kids. He edited a video. The children were not exposed to anything offensive or obscene. There is no victim of sexual abuse here. The kind of humor he does has been done a million times before now in movies and TV. Dave Chappelle had kids interacting with puppets who had fake penises. The only thing he did wrong was not ask permission from the parents for their kids to appear in the video, that's a fine at the most.

How about this then: Is it right he's looking at 20 years, being chained up the way he is in court, and people calling him a pervert for something kids weren't even exposed to, yet when a female teacher actually fucks young boys, legal children mind you, get less time and a less severe punishment? Prison would destroy him, he'd be killed for what his charges were, and if not, he'd be severely damaged emotionally and never have a normal life over a fucking non-felony.

The law isn't relative, you don't give severe punishments because some people are angry or offended and this is a clear assault on freedom of speech. Yea, I'm just glad you have no politicial or legal power whatsoever.
 

theultimateend

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I've been on the receiving end of a child predator (one of my first babysitters), I believe strongly as an actual victim that these folks need help not jail time.

However! Since folks who have never been abused or even know folks who were abused are the ones making all the laws these people just end up in jail and never actually get better (likely get worse).

This guy in particular (from what I read and saw) did nothing wrong as far as I'm concerned, I say that part as a random smuck.