• 2 Posts
  • 86 Comments
Joined 2 years ago
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Cake day: June 17th, 2023

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  • Depends. You could argue that economically speaking it’s not worthwhile to stop and cite people for speeding. Police do have discretion on that kind of thing so not the best example, but still, there’s probably stuff that isn’t good for the bottom line that just needs to happen. The government is not a business.

    Now when I say “depends”, I would be more inclined to go after a small number of people committing massive fraud than a large number committing minor acts of fraud. In the first case I think charges would discourage future abuse but in the second probably not. It wouldn’t be a vast, organized network of people doing the same thing, but a bunch of people that happened to notice the same opportunity. I think you’d do just as well having applicants read and sign a paper that goes over the penalties of abuse (while spending very little resources on enforcement).



  • It’s not a gray area at all. There’s an EU directive on the matter. If an image appears to depict someone under the age of 18 then it’s child porn.

    So a person that is 18 years old, depicted in the nude, is still a child pornographer if they don’t look their age? This gives judges and prosecutors too much leeway and I could guarantee there are right-wing judges that would charge a 25yo because it could believed they were 17.

    In Germany, the majority of suspects in child porn cases are minors. Valuable life lesson for them.

    Is it though? I don’t know about the penalties in Germany but in the US a 17yo that takes a nude selfie is likely to be put on a sex offender list for life and have their freedom significantly limited. I’m not against penalties, but they should be proportional to the harm. A day in court followed by a fair amount of community service should be enough of an embarrassment to deter them, not jail.





  • On one hand I don’t think this kind of thing can be consequence free (from a practical standpoint). On the other hand… how old were the subjects? You can’t look at a person to determine their age and someone that looks like a child but is actually adult wouldn’t be charged as a child pornographer. The whole reason age limits are set is to give reasonable assurance the subject is not being exploited or otherwise harmed by the act.

    This is a massive grey area and I just hope sentences are proportional to the crime. I could live with this kind of thing being classified as a misdemeanor provided the creator didn’t use underage subjects to train or influence the output.