General Discussion

Blue_Adept

(6,499 posts)

51. It can get tricky

Sat Feb 8, 2014, 02:17 PM

Feb 2014

Definition of possession can be dangerous as well.

Once something is out there, it's out there. So let's say an under 18 kid takes a nude selfie and posts it on their Twitter account that I follow or Tumblr account that I follow. (caveat; I tend to autofollow people on these services that follow me). Am I now guilty of possessing child pornography because the image came across my screen?

Look at how Tumblr in particular works with sharing images. It's reblogged and reblogged and comes across any number of peoples feeds. I follow a few hundred people and skim through, but the image is shown to me and kept in my browser cache. I'm now guilty? Even though the feed that it came from says all images are from people 18 and over..

Possession is trickier in the digital world and the law is always, always behind.

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Va. Teen Faces Child Porn Charges For Tweeting Nude �Selfie� [View all] Jesus Malverde Feb 2014 OP

all kids should be aware of this by now. think twice. no judgment and not seabeyond Feb 2014 #1

I hope they don't convict her of production of child pornography even tho thats technically what Jesus Malverde Feb 2014 #4

This seems more scare tactic and have yet to hear any teenager actually convicted seabeyond Feb 2014 #8

Scare tactic to what end? Luminous Animal Feb 2014 #30

So how the hell is this situation helped by charging this young woman? villager Feb 2014 #2

Maybe not. Question, if someone who she sent this to had it on their computer would you kelly1mm Feb 2014 #5

No, I don't think teens should be charged under child porno laws... villager Feb 2014 #7

I am proposing that they be charged, just like in this case. Follow up question, kelly1mm Feb 2014 #10

So you're proposing a young woman should be arrested & charged for taking a nude picture of herself? villager Feb 2014 #20

If she sends it to her 18 year old boyfriend should he be arrested and charged with child kelly1mm Feb 2014 #21

Even though you are itching to arrest a slew of people here, the problem with villager Feb 2014 #22

She is the only one charged yet. Care to answer any of my questions? nt kelly1mm Feb 2014 #27

Your hypotheticals? No, you're a sick puppy if you think a 16 year old should be branded villager Feb 2014 #32

Possession/distribution of child pornography is a strict liability crime for a reason. To have to kelly1mm Feb 2014 #35

One more point - she was not arrested for taking the selfie, she was arrested for sending it.nt kelly1mm Feb 2014 #36

Yes, she was arrested, not the person receiving it. That's my point. villager Feb 2014 #47

These "kids" don't see it as child porn Politicalboi Feb 2014 #53

Do you think that if some sick man (or woman) gets this picture on thier computer kelly1mm Feb 2014 #54

We will lock up all those nasty nasty young women with their bodies... villager Feb 2014 #58

Why do you keep repeating that she is being charged with taking the picture? As I have kelly1mm Feb 2014 #59

Are you a parent? That should be a simple yes or no question. villager Feb 2014 #63

No, I am not a, technically a parent. I do have custody of my niece though. She is 12. Sending a kelly1mm Feb 2014 #64

The young woman in the OP isn't 12. But more to the point: You want your niece arrested? villager Feb 2014 #66

Would I want my niece arrested - no. Just like if she murdered someone I would not kelly1mm Feb 2014 #68

So you would agree that your niece deserved to be arrested for posting a nude selfie to Twitter? villager Feb 2014 #69

As I have stated above, I would not WANT her to be arrested or branded anything. I would however kelly1mm Feb 2014 #70

But you would see her as no different from mob distributors of child porn... villager Feb 2014 #71

No, I would see her as my niece and still love and support her. I would hope that in kelly1mm Feb 2014 #74

You're getting a bit hysterical over the "distribution" question you'd use to unjustly punish villager Feb 2014 #75

Ok - we obviously see this differently as to (at least) what is distribution. That's cool. kelly1mm Feb 2014 #77

Is there a difference between a nude portrait/picture/statue and pornography? Bandit Feb 2014 #56

Yes. To be pornography it has to depict a sex act or be posed in a manner lewd or titillating. kelly1mm Feb 2014 #61

I'm really mystified by that as well. It's a complete BS charge IMHO stevenleser Feb 2014 #6

I hesitate to kick this thread, but as a parent... hunter Feb 2014 #57

Someone needs to explain to me the allure of kids showing Blue_Tires Feb 2014 #3

Did you have sex in High School? I sure did. Warren DeMontague Feb 2014 #12

Doesn't mean I wanted to distribute a nude photo to everyone in school... Blue_Tires Feb 2014 #16

Twitter is one thing, I'd suspect texting a pic to your bf/gf is more common. Warren DeMontague Feb 2014 #17

Kids have certainly been doing stupid stuff for a long time Art_from_Ark Feb 2014 #26

the intertubes and smart phones were around in 1968 you know how many nude selfies snooper2 Feb 2014 #72

Some people simply have exhibitionist tendancies. ProudToBeBlueInRhody Feb 2014 #65

Thank goodness I did all my dumb stuff before the internet....... Swede Atlanta Feb 2014 #9

The law really ought to be able to distinguish between someone under 18 who takes a nude selfie Warren DeMontague Feb 2014 #11

The only problem I can see with that Warren justiceischeap Feb 2014 #14

You mean people under 18, with pictures of themselves? Warren DeMontague Feb 2014 #15

So a 17 year 11 month old sends a selfie to someone 2 months older and the recipeint kelly1mm Feb 2014 #28

I dunno. Warren DeMontague Feb 2014 #37

She is not being charged with taking a selfie. She is being charged with distribution of child kelly1mm Feb 2014 #38

That's not the case in question, is it? The law makes all sorts of distinctions, it certainly Warren DeMontague Feb 2014 #39

Having sex with someone within 3 years of your age should not be a crime in my opinion. kelly1mm Feb 2014 #40

I agree, but my primary point had to do with the person whose picture it was originally. Warren DeMontague Feb 2014 #41

There is such a thing as prosecutorial discretion DemocratSinceBirth Feb 2014 #44

It can get tricky Blue_Adept Feb 2014 #51

A 16 year sending nude photos on themselves online need psychological help not a criminal conviction Shoulders of Giants Feb 2014 #13

I don't think they need psychological help so much as a little bit of common sense.... sibelian Feb 2014 #24

Way way back in 1975 teenagers ran around public naked. It was caused "streaking" Luminous Animal Feb 2014 #29

I'm think psychological help more from the public shaming that will happen, not the nudity itself. Shoulders of Giants Feb 2014 #42

Yep. That was my high school. hunter Feb 2014 #81

Seriously? Blue_Adept Feb 2014 #52

Problem with story as stated: Nudity is not Child Porn cthulu2016 Feb 2014 #18

Post removed Post removed Feb 2014 #79

Uh, no, it's not. MineralMan Feb 2014 #80

Umm. Since when is the Internet "Public"? Trillo Feb 2014 #19

Well, some places offer free Wi-Fi Art_from_Ark Feb 2014 #31

Without addressing your other examples, regarding Wi-Fi Trillo Feb 2014 #46

Internet-to-prison pipeline? Art_from_Ark Feb 2014 #55

Since RFC1918 was implemented snooper2 Feb 2014 #73

It seems the "severity" is due to nothing so much as the cops. Yay cops! n/t Egalitarian Thug Feb 2014 #23

Impose Sharia Law on her ass! She should be stoned in the village square! Off with her head! nt ChisolmTrailDem Feb 2014 #25

Some in this thread appear to be heading toward that side of things... villager Feb 2014 #33

Yep, that ought to teach her. jsr Feb 2014 #43

Virginia for the most part is still a Southern Baptist state .. and is Christian Sharia! YOHABLO Feb 2014 #34

Hopefully she'll be on the sex offenders' registry for the rest of her life TransitJohn Feb 2014 #45

You're kidding, correct? RC Feb 2014 #76

I would hope that both the Mother and The Daughter recieve more counseling - Tuesday Afternoon Feb 2014 #48

Poor Adolescent Judgment Is Not a Crime! MineralMan Feb 2014 #49

we need to protect this child by putting her in jail booley Feb 2014 #50

God, how stupid can our criminal justice system get? Vattel Feb 2014 #60

Obviously not what the law intended!!! Police states suck. grahamhgreen Feb 2014 #62

And yet it still has its defenders here at the "Underground" villager Feb 2014 #67

Message auto-removed Name removed Feb 2014 #78

SMH Mr Dixon Feb 2014 #82