OK... here's your brain twister for the day. At what point (no pun intended) do we draw the line for child porn and exploitation? Think about it. This child is having his genitals photographed without his knowledge or consent for the sole gratification of adults. Grandma-to-be is squealing in ecstasy. What is the definition of child pornography? Here ya go... taken verbatim off the Department of Justice website:
"Images of child pornography are not protected under First Amendment
rights, and are illegal contraband under federal law. Section 2256 of
Title 18, United States Code, defines child pornography as any visual
depiction of sexually explicit conduct involving a minor (someone under
18 years of age). Visual depictions include photographs, videos,
digital or computer generated images indistinguishable from an actual
minor, and images created, adapted, or modified, but appear to depict an
identifiable, actual minor. Undeveloped film, undeveloped videotape,
and electronically stored data that can be converted into a visual image
of child pornography are also deemed illegal visual depictions under
federal law.
Notably, the legal definition of sexually explicit conduct
does not require that an image depict a child engaging in sexual
activity."
I know I'm being cheeky with this scenario, but the point is that there is waaaaaaaaaaay too much oversharing on social media. Somebody else might take the child porn/exploitation in this instance and run with it. I never put anything past attorneys who do nothing but look for opportunities like this. We've had settlements over hot coffee at McDonald's for goodness sake. My point is that people have litigated over much trivial, frivolous matters....and won.
Friday, December 30, 2016
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