@OCCOM BILL,
OCCOM BILL wrote:
BillRM wrote:
Now who in the hell are we protecting here by applying the law in the silly manner you wish it to be apply. Who is the victim of this so call crime? The boy who received it? Then however if we are going to apply the child porn laws he is also a sexual offender and off to jail with him to.
If you can't think any clearer than this; I will simply ignore you. At least
try. If you
really can't see a difference in culpability between the sender and the unwitting receiver; you are an idiot. Now, you aren't really that foolish, are you?
BillRM: There is nothing wrong with your thoughts as expressed above. You clearly understand that the criminal statute at issue requires both an offender and a victim. In the absence of a child victim who was abused during the production of the material, pornography is protected expression under the First Amendment. Thus, as a matter of law, the victim is the child who is depicted in the material. In Ohio, a teenage girl took a nudity-oriented photo of herself (perhaps not even "pornographic" as defined) and sent it to her teenage friends. She was arrested for a sexually oriented offense--in substance and effect for sexually abusing and/or exploiting herself. The prosecutor stated publicly that he might also arrest the recipients of the photo for possession under the same statute. Thus, your question is fair. Who is the victim of this so-called crime?
Occom Bill wrote:BillRM wrote:If an adult had taken the picture then the 15-year-old girl would had been the victim but no adult did so. You are now trying to claim that she is the victim of the act and the criminal because of the act at the same time.
I am trying to claim no such thing. That nonsense belongs to Debra, alone. In a philosophical sense; I suppose one may consider her a victim of this or that,
but legally; she is a victim of nothing.
And the above NONSENSE belongs to Occom Bill. As a matter of law, the MINOR who is depicted in the photo is the VICTIM. The statute clearly contemplates both an offender and a victim who is a minor. See also:
CHAPTER 2950: SEXUAL PREDATORS, HABITUAL SEX OFFENDERS, SEXUALLY ORIENTED OFFENDERS
http://codes.ohio.gov/orc/2950
(A) “Sexually oriented offense” means any of the following violations or offenses committed by a person, regardless of the person’s age:
(1) A violation of section . . . , or
2907.323 of the Revised Code;
* * *
(12) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (A)(1) . . . of this section.
(B)(1) “Sex offender” means, subject to division (B)(2) of this section, a person who is convicted of, . . . or has been adjudicated a delinquent child for committing any sexually oriented offense.
(2) “Sex offender” does not include a person who is convicted of, . . . or has been adjudicated a delinquent child for committing a sexually oriented offense if the offense involves consensual sexual conduct or consensual sexual contact and either of the following applies:
* * *
(b)
]The victim of the offense was thirteen years of age or older, and
the person who is convicted of, . . . or has been adjudicated a delinquent child for committing the sexually oriented offense
is not more than four years older than the victim.
* * *
2907.323 criminally penalizes the "illegal use of a minor." The law clearly contemplates both an offender and a victim. Without an offender, there has been no crime. Without a minor victim, there has been no crime. A minor cannot, as a matter of law, commit a sexually oriented offense against herself.
Occom Bill wrote:
BillRM wrote: Kind of like charging someone the crime of robbing themselves or raping themselves or on and on.
No, nothing like that.
More like charging a kid for giving drugs to another kid.
BillRM is correct in his analogy. The teenage girl is charged with sexually victimizing herself.
Occom Bill is incorrect in his analogy. The teenage girl is not charged with disseminating harmful materials to juveniles.