|
|
|
|
|
|
by darkarmani
4947 days ago
|
|
|
Is that only in NY? I know in MA and NH, there were some huge sexting scandals. Girl's were texting naked pictures of themselves to their boyfriends. The girls were getting charged with distribution of child pornography, but they were going to charge the boyfriends for possession as well. Notice when the controversy is about our "normal" kids, all of a sudden everyone thought the law was too harsh. For everyone that thinks any criticism of CP possession laws is support for pedophiles, do you support every 17 year old girl becoming felons for sexting their boyfriends? Text messages are push, so how would you defend against this as a receiver? |
|
|
Text and pic messages are push, but (at least on my phone) pictures aren't downloaded until you access the message, at which point it's marked as "read". So at least one valid defense is to have not accessed the message -- you can't knowingly possess it in that case.
What if you've already accessed it? US CP laws explicitly allow an "affirmative defense" [0] if you possess only a small number of images and, upon discovering this possession, either immediately destroy them or immediately turn them over to law enforcement [1]. So if you receive a sext message from someone underage, quickly deleting it should shield you from prosecution (IANAL TINLA [2].)
[0] http://en.wikipedia.org/wiki/Affirmative_defense - in essence, affirming the facts of the case, but offering a justification/excuse that demonstrates one is not culpable.
[1] http://www.law.cornell.edu/uscode/text/18/2252A section (d)
[2] http://en.wikipedia.org/wiki/IANAL