The Imperial Dominion of the South's Legislature
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Associate Justice PiT
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« Reply #250 on: May 16, 2010, 08:17:57 PM »

     I think we ought to go ahead & begin discussion of this bill:

Pornography Leniency Bill

1. The Pornography Restrictions Initiative is hereby repealed.

2. Regional enforcement of the Anti-Opebo Act is hereby restored to the federal definition of the term child pornography, as provided in the Anti-Opebo Act.
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Deldem
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« Reply #251 on: May 16, 2010, 10:43:47 PM »

Do we really need to make this change?

While I recognize that a 16 year old is not much different from an 18 year old, I have strong reservations on whether they should be allowed to participate in commercial "ventures" such as this. They are, after all minors, and I really don't see who benefits from this bill.
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Associate Justice PiT
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« Reply #252 on: May 17, 2010, 01:43:11 AM »
« Edited: May 17, 2010, 01:46:19 AM by SE Legislator PiT »

     Nobody benefits per se, though passing a more restrictive law than the federal one has put the Southeast in the position of having the most conservative child pornography statute. This change brings us in line with the rest of the nation.

     Also, since the pre-existing regional law is based on that of the state of Georgia, I think that means the age of consent in the region is 16, as is the case in Georgia. I think it would make sense that if someone is old enough to consent to having sex, then that person is also old enough to consent to appearing in a pornographic video.
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Badger
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« Reply #253 on: May 17, 2010, 07:44:18 AM »

     Nobody benefits per se, though passing a more restrictive law than the federal one has put the Southeast in the position of having the most conservative child pornography statute. This change brings us in line with the rest of the nation.

     Also, since the pre-existing regional law is based on that of the state of Georgia, I think that means the age of consent in the region is 16, as is the case in Georgia. I think it would make sense that if someone is old enough to consent to having sex, then that person is also old enough to consent to appearing in a pornographic video.

The latter adds much increased long-term consequences and risk for exploitation by adults.
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Associate Justice PiT
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« Reply #254 on: May 17, 2010, 01:21:13 PM »

     Nobody benefits per se, though passing a more restrictive law than the federal one has put the Southeast in the position of having the most conservative child pornography statute. This change brings us in line with the rest of the nation.

     Also, since the pre-existing regional law is based on that of the state of Georgia, I think that means the age of consent in the region is 16, as is the case in Georgia. I think it would make sense that if someone is old enough to consent to having sex, then that person is also old enough to consent to appearing in a pornographic video.

The latter adds much increased long-term consequences and risk for exploitation by adults.

     I suppose the point I am trying to make is that these people are old enough that we entrust them to decide whether or not they wish to be sexually active.

     Besides, the point remains that I do not see why the standard that is good enough for the other four regions isn't good enough for the Southeast. The way I see it, the burden of proof is on the people who wish to place restrictions on individual interactions, & I am not convinced that this merits any restrictions additional to those laid out by federal statute.
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Deldem
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« Reply #255 on: May 17, 2010, 02:27:36 PM »

     Nobody benefits per se, though passing a more restrictive law than the federal one has put the Southeast in the position of having the most conservative child pornography statute. This change brings us in line with the rest of the nation.

     Also, since the pre-existing regional law is based on that of the state of Georgia, I think that means the age of consent in the region is 16, as is the case in Georgia. I think it would make sense that if someone is old enough to consent to having sex, then that person is also old enough to consent to appearing in a pornographic video.

The latter adds much increased long-term consequences and risk for exploitation by adults.

     I suppose the point I am trying to make is that these people are old enough that we entrust them to decide whether or not they wish to be sexually active.

     Besides, the point remains that I do not see why the standard that is good enough for the other four regions isn't good enough for the Southeast. The way I see it, the burden of proof is on the people who wish to place restrictions on individual interactions, & I am not convinced that this merits any restrictions additional to those laid out by federal statute.
Participating in an activity is not the same as selling a video of said activity.

The fact remains that they are minors. And while it is one thing to have a relationship with a friend, it is quite another to sell your body for the consumption of strangers. The problem for me isn't the video itself so much as the commercialization. I just see too much potential for abuse here to make it worth it.
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Associate Justice PiT
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« Reply #256 on: May 17, 2010, 02:39:00 PM »
« Edited: May 17, 2010, 02:41:21 PM by SE Legislator PiT »

     Nobody benefits per se, though passing a more restrictive law than the federal one has put the Southeast in the position of having the most conservative child pornography statute. This change brings us in line with the rest of the nation.

     Also, since the pre-existing regional law is based on that of the state of Georgia, I think that means the age of consent in the region is 16, as is the case in Georgia. I think it would make sense that if someone is old enough to consent to having sex, then that person is also old enough to consent to appearing in a pornographic video.

The latter adds much increased long-term consequences and risk for exploitation by adults.

     I suppose the point I am trying to make is that these people are old enough that we entrust them to decide whether or not they wish to be sexually active.

     Besides, the point remains that I do not see why the standard that is good enough for the other four regions isn't good enough for the Southeast. The way I see it, the burden of proof is on the people who wish to place restrictions on individual interactions, & I am not convinced that this merits any restrictions additional to those laid out by federal statute.
Participating in an activity is not the same as selling a video of said activity.

The fact remains that they are minors. And while it is one thing to have a relationship with a friend, it is quite another to sell your body for the consumption of strangers. The problem for me isn't the video itself so much as the commercialization. I just see too much potential for abuse here to make it worth it.

     I don't see commercialization as being such a big deal (doing something you are already permitted to do, just with a price tag attached; 16 year-olds are mature enough to make most decisions in my experience), but I guess that's just a difference of opinions.
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Dancing with Myself
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« Reply #257 on: May 17, 2010, 03:38:37 PM »

     Nobody benefits per se, though passing a more restrictive law than the federal one has put the Southeast in the position of having the most conservative child pornography statute. This change brings us in line with the rest of the nation.

     Also, since the pre-existing regional law is based on that of the state of Georgia, I think that means the age of consent in the region is 16, as is the case in Georgia. I think it would make sense that if someone is old enough to consent to having sex, then that person is also old enough to consent to appearing in a pornographic video.

The latter adds much increased long-term consequences and risk for exploitation by adults.

     I suppose the point I am trying to make is that these people are old enough that we entrust them to decide whether or not they wish to be sexually active.

     Besides, the point remains that I do not see why the standard that is good enough for the other four regions isn't good enough for the Southeast. The way I see it, the burden of proof is on the people who wish to place restrictions on individual interactions, & I am not convinced that this merits any restrictions additional to those laid out by federal statute.
Participating in an activity is not the same as selling a video of said activity.

The fact remains that they are minors. And while it is one thing to have a relationship with a friend, it is quite another to sell your body for the consumption of strangers. The problem for me isn't the video itself so much as the commercialization. I just see too much potential for abuse here to make it worth it.

     I don't see commercialization as being such a big deal (doing something you are already permitted to do, just with a price tag attached; 16 year-olds are mature enough to make most decisions in my experience), but I guess that's just a difference of opinions.

Agreed, this bill is to keep the Southeast in line with the other regions. 16 should be the RL age anyway.
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Southern Senator North Carolina Yankee
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« Reply #258 on: May 17, 2010, 06:13:16 PM »

I would like to thank the Legislature for their work on the previous legislation and congratulate them on passing a strong bill.
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Badger
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« Reply #259 on: May 17, 2010, 07:23:49 PM »

     Nobody benefits per se, though passing a more restrictive law than the federal one has put the Southeast in the position of having the most conservative child pornography statute. This change brings us in line with the rest of the nation.

     Also, since the pre-existing regional law is based on that of the state of Georgia, I think that means the age of consent in the region is 16, as is the case in Georgia. I think it would make sense that if someone is old enough to consent to having sex, then that person is also old enough to consent to appearing in a pornographic video.

The latter adds much increased long-term consequences and risk for exploitation by adults.

     I suppose the point I am trying to make is that these people are old enough that we entrust them to decide whether or not they wish to be sexually active.

     Besides, the point remains that I do not see why the standard that is good enough for the other four regions isn't good enough for the Southeast. The way I see it, the burden of proof is on the people who wish to place restrictions on individual interactions, & I am not convinced that this merits any restrictions additional to those laid out by federal statute.

I'm pretty sure the Mideast doesn't allow 16 year olds to be videotaped committing sexual acts. Perhaps you're confusing the age of consent?

Remeber, PiT, we're not talking about the "freedom" for a teenager to videotape themshelves having sex so much as we're talking about the scumbags who would so employ 16 year old kids to make a buck off of using them for porn.

16 year olds are already prohibited from working in a variety of particularly dangerous jobs for their safety (a certain level of maturity is required to be a cop or work around a blast furnace), shouldn't "porn actress" be one of them?

I'm all for freedom for someone to do damn near whatever they want in life, but any good libertarian would agree there are exceptions for those unable to make coherent choices, specifically children and the mentally ill.

In juni court I see a different segment of teenagers with poorer judgment, decision-making skills, and impluse control, but 16 is just too damned young to make the decision whether they want to earn $100 taking their clothes off for the nice man with a camara.
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Associate Justice PiT
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« Reply #260 on: May 17, 2010, 07:43:24 PM »

     Nobody benefits per se, though passing a more restrictive law than the federal one has put the Southeast in the position of having the most conservative child pornography statute. This change brings us in line with the rest of the nation.

     Also, since the pre-existing regional law is based on that of the state of Georgia, I think that means the age of consent in the region is 16, as is the case in Georgia. I think it would make sense that if someone is old enough to consent to having sex, then that person is also old enough to consent to appearing in a pornographic video.

The latter adds much increased long-term consequences and risk for exploitation by adults.

     I suppose the point I am trying to make is that these people are old enough that we entrust them to decide whether or not they wish to be sexually active.

     Besides, the point remains that I do not see why the standard that is good enough for the other four regions isn't good enough for the Southeast. The way I see it, the burden of proof is on the people who wish to place restrictions on individual interactions, & I am not convinced that this merits any restrictions additional to those laid out by federal statute.

I'm pretty sure the Mideast doesn't allow 16 year olds to be videotaped committing sexual acts. Perhaps you're confusing the age of consent?

Remeber, PiT, we're not talking about the "freedom" for a teenager to videotape themshelves having sex so much as we're talking about the scumbags who would so employ 16 year old kids to make a buck off of using them for porn.

16 year olds are already prohibited from working in a variety of particularly dangerous jobs for their safety (a certain level of maturity is required to be a cop or work around a blast furnace), shouldn't "porn actress" be one of them?

I'm all for freedom for someone to do damn near whatever they want in life, but any good libertarian would agree there are exceptions for those unable to make coherent choices, specifically children and the mentally ill.

In juni court I see a different segment of teenagers with poorer judgment, decision-making skills, and impluse control, but 16 is just too damned young to make the decision whether they want to earn $100 taking their clothes off for the nice man with a camara.

     I checked, & the Mideast Pornography and Sex Crime Statute was passed in April 2005, setting the same restrictions. Of note, the Southeastern initiative says that its definition of child pornography is more restrictive than the federal definition, but I do not quite see how that's the case. Explanation on this matter would be appreciated:

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     I suppose it has to do with my lack of experience in the world, but I just don't see that much of a difference in terms of maturity between a 16 year-old & an 18 year-old. I also suppose it would only be sensible for me to defer to your judgment on such matters, since you clearly know more about it than I do.
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Badger
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« Reply #261 on: May 18, 2010, 11:37:32 AM »

     Nobody benefits per se, though passing a more restrictive law than the federal one has put the Southeast in the position of having the most conservative child pornography statute. This change brings us in line with the rest of the nation.

     Also, since the pre-existing regional law is based on that of the state of Georgia, I think that means the age of consent in the region is 16, as is the case in Georgia. I think it would make sense that if someone is old enough to consent to having sex, then that person is also old enough to consent to appearing in a pornographic video.

The latter adds much increased long-term consequences and risk for exploitation by adults.

     I suppose the point I am trying to make is that these people are old enough that we entrust them to decide whether or not they wish to be sexually active.

     Besides, the point remains that I do not see why the standard that is good enough for the other four regions isn't good enough for the Southeast. The way I see it, the burden of proof is on the people who wish to place restrictions on individual interactions, & I am not convinced that this merits any restrictions additional to those laid out by federal statute.

I'm pretty sure the Mideast doesn't allow 16 year olds to be videotaped committing sexual acts. Perhaps you're confusing the age of consent?

Remeber, PiT, we're not talking about the "freedom" for a teenager to videotape themshelves having sex so much as we're talking about the scumbags who would so employ 16 year old kids to make a buck off of using them for porn.

16 year olds are already prohibited from working in a variety of particularly dangerous jobs for their safety (a certain level of maturity is required to be a cop or work around a blast furnace), shouldn't "porn actress" be one of them?

I'm all for freedom for someone to do damn near whatever they want in life, but any good libertarian would agree there are exceptions for those unable to make coherent choices, specifically children and the mentally ill.

In juni court I see a different segment of teenagers with poorer judgment, decision-making skills, and impluse control, but 16 is just too damned young to make the decision whether they want to earn $100 taking their clothes off for the nice man with a camara.

     I checked, & the Mideast Pornography and Sex Crime Statute was passed in April 2005, setting the same restrictions. Of note, the Southeastern initiative says that its definition of child pornography is more restrictive than the federal definition, but I do not quite see how that's the case. Explanation on this matter would be appreciated:

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     I suppose it has to do with my lack of experience in the world, but I just don't see that much of a difference in terms of maturity between a 16 year-old & an 18 year-old. I also suppose it would only be sensible for me to defer to your judgment on such matters, since you clearly know more about it than I do.

You must be correct on the status of Mideast law. I said "pretty sure" as I wasn't entirely positive (obviously). Wink The 2005 statute you cited is well before my time.

I appreciate the deference, but honestly it is simply a personal judgment call. Myself I believe that there is a material difference in maturity between 16 and 18 year olds generally. Of course there are great differences between individuals, but as there's no way to quantitatively test maturity such bright line age prohibitions must, by definition, simply aim for the general mean of the age group.
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Associate Justice PiT
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« Reply #262 on: May 18, 2010, 03:51:06 PM »

     As Badger said to me in a PM, we could come to a compromise by allowing persons 16 or older to make pornographic images or videos of themselves, but still only allow people to do so of other persons if the subjects are 18 or older. Thoughts on that from my colleagues?
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CatoMinor
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« Reply #263 on: May 18, 2010, 03:53:12 PM »

     As Badger said to me in a PM, we could come to a compromise by allowing persons 16 or older to make pornographic images or videos of themselves, but still only allow people to do so of other persons if the subjects are 18 or older. Thoughts on that from my colleagues?
I think that sounds good.
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Associate Justice PiT
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« Reply #264 on: May 18, 2010, 03:57:18 PM »

     Well it was more specific than that. People are not allowed to distribute pornographic images or videos of persons younger than 18. Also the punishment would be less severe for acting negligently, as opposed to the real life standard of strict liability.
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Deldem
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« Reply #265 on: May 18, 2010, 10:17:43 PM »

A much more reasonable standard I believe I can agree to.
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Associate Justice PiT
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« Reply #266 on: May 18, 2010, 10:49:41 PM »
« Edited: May 19, 2010, 09:21:26 PM by SE Legislator PiT »

     How does this look for an amendment?

Replace the text of the bill with:

1. The Pornography Restrictions Initiative is hereby repealed.

2. No person under the age of 16 years may create or distribute pornographic images or videos of oneself, under penalty of no more than two months incarceration.

3a. No person under the age of 18 years may distribute pornographic images or videos of oneself for profit or other valuable consideration, under penalty of four to six months incarceration and a fine of no more than $3000.

3b. No person may receive pornographic images or video of a person under the age of 18 years in exchange for money or other valuable consideration, under penalty of five to fifteen years incarceration and a fine of $100000.

4. No person may distribute pornographic images or video of a person under the age of 18 years other than oneself, under penalty of ten to twenty years incarceration and a fine of $150000.

5. No person may create pornographic images or video of a person under the age of 18 years other than oneself, under penalty of fifteen to twenty-five years incarceration and a fine of $200000.


     Punishments for these crimes are for the most part determined by the federal statute, so as far as I can tell we really don't have leeway to create lighter punishments for negligent acts.
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Deldem
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« Reply #267 on: May 18, 2010, 11:18:58 PM »

I think I can work with that.
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Associate Justice PiT
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« Reply #268 on: May 18, 2010, 11:36:29 PM »

     In that case, I would like to offer it as a friendly amendment. I would also like to accept the amendment, being the sponsor of the bill. Smiley
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Badger
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« Reply #269 on: May 19, 2010, 07:39:32 AM »

     In that case, I would like to offer it as a friendly amendment. I would also like to accept the amendment, being the sponsor of the bill. Smiley

Smiley

FTR: I oppose extending this to 16 yr olds at all, but since this is just an online sim and the SE leg seems so intent on passing this (so if I ever run for office and an opponent uses this to claim I'm "soft on child pornography, you're a damned liar and you know it).

If I can offer one additional nitpick, maybe the term "or other valuable consideration" should be included along with "profit or money". This would so cover some old slimeball that gives pictures of a naked 16 year old for booze and/or drugs instead of cash.
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Deldem
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« Reply #270 on: May 19, 2010, 01:21:50 PM »

     In that case, I would like to offer it as a friendly amendment. I would also like to accept the amendment, being the sponsor of the bill. Smiley

Smiley

FTR: I oppose extending this to 16 yr olds at all, but since this is just an online sim and the SE leg seems so intent on passing this (so if I ever run for office and an opponent uses this to claim I'm "soft on child pornography, you're a damned liar and you know it).

If I can offer one additional nitpick, maybe the term "or other valuable consideration" should be included along with "profit or money". This would so cover some old slimeball that gives pictures of a naked 16 year old for booze and/or drugs instead of cash.
I think that's a good point. And I don't really care about passing this one...
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Associate Justice PiT
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« Reply #271 on: May 19, 2010, 09:23:55 PM »

     In that case, I would like to offer it as a friendly amendment. I would also like to accept the amendment, being the sponsor of the bill. Smiley

Smiley

FTR: I oppose extending this to 16 yr olds at all, but since this is just an online sim and the SE leg seems so intent on passing this (so if I ever run for office and an opponent uses this to claim I'm "soft on child pornography, you're a damned liar and you know it).

If I can offer one additional nitpick, maybe the term "or other valuable consideration" should be included along with "profit or money". This would so cover some old slimeball that gives pictures of a naked 16 year old for booze and/or drugs instead of cash.

     Alright, I changed it to include that phrase. I suppose the fact that I hadn't thought of it is a comment on the death of barter as a viable means of compensation for services. Tongue
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Purple State
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« Reply #272 on: May 20, 2010, 09:13:13 PM »

Friendly reminder to keep your Wiki updated with all laws passed. Thanks!

https://uselectionatlas.org/AFEWIKI/index.php/Southeast_Law
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CatoMinor
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« Reply #273 on: May 20, 2010, 10:04:53 PM »

just updated it
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Purple State
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« Reply #274 on: May 21, 2010, 01:10:01 AM »


Thanks. One note: If you could include either the full text of the laws or links to the final version, that would be useful as well.
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