In this situation, no. But it begs the question of why the photographs are taken in the first place. If they were to be kept private, then theoretically, there is no problem. The issue here is that neither of them possesses the maturity level or foresight to see that those photos will not stay private. There is a reasonable expectation that either the photos will be shown to friends, either in confidence that is possible (I would say likely) to be broken, or out of spite because the relationship didn't go the way they wanted to.
Part of the issue with these cases is that the photographs had been uploaded to a computer and transferred over the internet, or else sent from cell phone to cell phone. The images are getting passed around and transferred, and I don't think it's unlikely that, given enough time and handling, they are just going to be posted publicly, on 4chan for an example.
Now let me temper this. I don't in any way believe that they should be charged with child pornography laws, because those were made to address the child pornographers and the abuse that is inherent in that industry. Those laws are made for a reason, and I understand that. At the same time, I don't think that kids should be photographing themselves nude and sending it out to people. There's something inappropriate about that as well, and it's not just overprudence - it's more the consequences that they'll have to face should (and they likely will) the photos get leaked. Some aren't strong enough to handle the aftermath, as was the case for Jesse Logan.
I was asking sycld about this because he brought up the images and mentioned their history, but still hasn't given any kind of real opinion on them or what he thinks about them, about why he appreciates them as art, and not because he's looking to get a reaction out of everyone with them.
No, but the law has to be reasonable about forseeing possible directions questionable actions can take. As was listed on the majority decision in the second link you gave:
Now while the computer part seems a little reactionary, like old relics recoiling and responding to something they don't understand, the sentiment is still the same. These kids are to young to understand the consequences of their actions, and how far down the line they will stretch. But you can read all that, so I'm not going to reiterate it.Originally Posted by Excerpt of majority decision
And when did I say that? Stop trying to wind me up.
I didn't say that, but I guess you could pick that sentiment out of what I wrote. No, my intention was to provide an anecdote from my own life and give you the results of what happened there, and to compare that with the reported incident you mentioned in one of your links. Personally, I thought what happened was a little reprehensible, but nothing ever seemed to come from it.
Not if you knew her. Get off your high horse.
I don't know what you opinion is, that is why I asked you. I'm a little surprised you haven't given any kind of reason for it yet.
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