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re: Teen sends dick pic to 22-year-old woman, now he’s a child pornographer

Posted on 9/14/17 at 7:53 pm to
Posted by Twenty 49
Shreveport
Member since Jun 2014
21534 posts
Posted on 9/14/17 at 7:53 pm to
The prosecutor had complete discretion as to whether to pursue the charge.

Once pressed, the court had to do its duty and apply the statute as written, no matter how stupid the result.

All blame lies with the prosecutor (and the dick-pic kid).
Posted by McLemore
Member since Dec 2003
35541 posts
Posted on 9/14/17 at 7:54 pm to
i hope the left is as outraged by this as they are about the idea of prosecuting a pregnant woman who aborts.
Posted by Rebel
Graceland
Member since Jan 2005
144680 posts
Posted on 9/14/17 at 8:00 pm to
Good. Sick frickin' kid deserves to be locked up.
Posted by Stevo
Baton Rouge
Member since Sep 2004
12589 posts
Posted on 9/14/17 at 8:04 pm to
Welders wouldn't frick up this decision that bad.
Posted by Nuts4LSU
Washington, DC
Member since Oct 2003
25468 posts
Posted on 9/14/17 at 8:15 pm to
quote:

Eric Gray is both the perpetrator and the victim of the crime


So fricking stupid. I bit my tongue this morning during breakfast. Guess I need to turn myself in for battery and pay my debt to society.
Posted by TDsngumbo
Member since Oct 2011
51630 posts
Posted on 9/14/17 at 8:15 pm to
It's his own fricking dick.
Posted by East Coast Band
Member since Nov 2010
67007 posts
Posted on 9/14/17 at 8:19 pm to
I'm confused. Who is the victim? Did the 22 year old get offended and turn him in?
Posted by Rouge
Floston Paradise
Member since Oct 2004
138858 posts
Posted on 9/14/17 at 8:20 pm to
(no message)
This post was edited on 9/14/17 at 8:22 pm
Posted by spslayto
Member since Feb 2004
22014 posts
Posted on 9/14/17 at 8:27 pm to
Okay to send it to a 15 year old but not an adult? Stupid application of the law to reach an absurd result.
Posted by Twenty 49
Shreveport
Member since Jun 2014
21534 posts
Posted on 9/14/17 at 8:32 pm to
quote:

i hope the left is as outraged by this as they are about the idea of prosecuting a pregnant woman who aborts.


They are, but they don't really see the similarity between did-pic texting and abortion.
Posted by Yewkindewit
Near Birmingham, Alabama
Member since Apr 2012
22029 posts
Posted on 9/14/17 at 8:33 pm to
Will his photo stand up in a court of law?
Posted by Kino74
Denham springs
Member since Nov 2013
5360 posts
Posted on 9/14/17 at 8:39 pm to
quote:

That is stupid. So a 17 year old who sends a picture of his dick to a 22 year old woman will be categorized with sick fricks who are actually potential threats to children?


Yep, the law makes no distinction between inadvertent downloading or possession. I'm surprised the 22 yr old woman wasn't charged with possession of child porn.
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 9/14/17 at 8:44 pm to
As the victim, can't he get out of this by simply not pressing charges?
Posted by HMTVBrian2
Baton Rouge
Member since Sep 2011
5760 posts
Posted on 9/14/17 at 8:46 pm to
quote:

but a doctor can prescribe a 15 yo sex-change hormones with impunity and even earn a bravery badge.



Nice false equivalency
Posted by Volvagia
Fort Worth
Member since Mar 2006
53608 posts
Posted on 9/14/17 at 8:52 pm to
quote:

That is stupid. So a 17 year old who sends a picture of his dick to a 22 year old woman will be categorized with sick fricks who are actually potential threats to children?


I'm not sure why it is instantly assumed that sex offender = barely constrained pedo, but it certainly has made the the label more onerous than it should be.
Posted by OKellsBells
USA
Member since Dec 2016
5264 posts
Posted on 9/14/17 at 8:56 pm to
quote:

Teen sends dick pic to 22-year-old woman, now he’s literally a child pornographer


I like when the word literally is used correctly.

Posted by Volvagia
Fort Worth
Member since Mar 2006
53608 posts
Posted on 9/14/17 at 8:59 pm to
quote:

Once pressed, the court had to do its duty and apply the statute as written, no matter how stupid the result.



bullshite.


There is a degree of interpretation (that is literally the entire purpose of the Supreme Courts), and while I'm not a big fan of legislating from the bench, IMO the angle of the defense was sound: lawmakers obviously did not intend for the statue to apply to the victim doing it to themselves.

quote:

Dealing in depictions of minor engaged in sexually explicit conduct.
(1)(a) A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the first degree when he or she:
(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells a visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e); or
(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e).
(b) Dealing in depictions of a minor engaged in sexually explicit conduct in the first degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each depiction or image of visual or printed matter constitutes a separate offense.
(2)(a) A person commits the crime of dealing in depictions of a minor engaged in sexually explicit conduct in the second degree when he or she:
(i) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g); or
(ii) Possesses with intent to develop, duplicate, publish, print, disseminate, exchange, or sell any visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g).
(b) Dealing in depictions of a minor engaged in sexually explicit conduct in the second degree is a class B felony punishable under chapter 9A.20 RCW.
(c) For the purposes of determining the unit of prosecution under this subsection, each incident of dealing in one or more depictions or images of visual or printed matter constitutes a separate offense.

This post was edited on 9/14/17 at 9:01 pm
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
56166 posts
Posted on 9/14/17 at 9:09 pm to
quote:

It's his own fricking dick.


To paraphrase Jake Bragance - now imagine this 22 year-old woman is your daughter.
Posted by Strannix
C.S.A.
Member since Dec 2012
54230 posts
Posted on 9/14/17 at 9:13 pm to
quote:

Any prosecutor is fricking nuts to actually enforce it - this is exactly why we have prosecutorial discretion and our DA is an elected position.
Posted by Twenty 49
Shreveport
Member since Jun 2014
21534 posts
Posted on 9/14/17 at 10:14 pm to
quote:

while I'm not a big fan of legislating from the bench, IMO the angle of the defense was sound: lawmakers obviously did not intend for the statue to apply to the victim doing it to themselves


Strict constructionists like Scalia would tell you that the legislator's intent is not what is important; the only thing that counts is the word on the page.

You have to decide if you are a principled strict constructionist (nobody really is despite what they claim) or one who bends or interprets the words to fit the meaning that you think is the wiser result when strict application looks fricking stupid.
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