S.22.2-3: Obscene As To Minor Act (PASSED)
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  S.22.2-3: Obscene As To Minor Act (PASSED)
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Author Topic: S.22.2-3: Obscene As To Minor Act (PASSED)  (Read 441 times)
fhtagn
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« on: May 08, 2022, 07:50:50 PM »
« edited: May 21, 2022, 08:40:25 PM by fhtagn »

Quote
OBSCENE AS TO MINORS ACT

Quote
TITLE I: DEFINITIONS

1. Material means:

   A. A book, pamphlet, magazine, newspaper, printed advertising or other printed or written material;

   B. A motion picture, video, photograph, picture, drawing, statue, sculpture, or other visual representation or image; or

   C. A transcription, recording, or live or recorded message.

2. Minor means any person under the age of 19 years, but as applied to the showing of a motion picture excludes any person employed on the premises where the motion picture is shown.

3. Nudity means:

   A. The showing of the human breast with less than a fully opaque covering of any portion of the areola and nipple, unless in a State or locality that has chosen to allow the public display of nipples;

   B. The showing of the human genitals or pubic area with less than a fully opaque covering of any portion thereof; or

   C. The depiction of the human male genitals in a discernible turgid state whether or not covered.

4. Obscene as to minors means that quality of any description or representation, whether constituting all or a part of the material considered, in whatever form, of nudity, sexual conduct, sexual content, sexual excitement, or sado-masochistic abuse which predominantly appeals to the prurient interest of minors, is patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors, and is without serious literary, artistic, political or scientific value.

5. Sado-masochistic abuse means real or simulated:

   A. Flagellation, abuse, rape, or torture practiced by or upon a person whether or not clad in undergarments, a mask, or bizarre costume; or

   B. The condition of being fettered, bound, enslaved, captured, or otherwise physically restrained.

6. Sexual conduct means real or purported acts of masturbation, sexual activity, or sexualized physical contact with a person’s unclothed genitals, pubic area, or breasts and nipples.

7. Sexual content means graphic descriptions of sado-masochistic abuse, sexual conduct, sexual excitement, sexual kinks or fetishes, sexual orientation, or sexuality.

8. Sexual excitement means the condition of human male or female genitals in a state of sexual stimulation or arousal.


TITLE II: PROHIBITIONS

1. It shall be a felony punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00 for any person to knowingly:

   A. Distribute or cause to be distributed to a minor material that is obscene as to minors, unless the person is the parent or guardian of the minor;

   B. Exhibit for distribution to an adult in such a manner or location as to allow a minor to view or to have access to examine material that is obscene as to minors, unless the person is the parent or guardian of the minor;

   C. Sell to a minor an admission ticket or pass for or otherwise admits a minor for monetary consideration to any presentation of material that is obscene to minors, unless the minor is accompanied by his or her parent or guardian;

   D. Misrepresent that he or she is the parent or guardian of a minor for the purpose of distributing to the minor material that is obscene as to minors or obtain admission of the minor to any presentation of material that is obscene as to minors;

   E. Misrepresent his or her age as 19 or over for the purpose of obtaining material that is obscene as to minors or admission to any presentation of material that is obscene as to minors;

   F. Sell or rent materials which contain material that is obscene as to minors on the premises of a business establishment open to minors, unless the person creates an area within the establishment for the placement of the materials and any material that advertises the sale or rental of the materials which prevents minors from observing the materials or any material that advertises the sale or rental of the motion pictures and is labeled, in a prominent and conspicuous location, “Adults Only”, or is located behind the sales counter in an obstructed or semi-obstructed display that conceals any material that is obscene as to minors.

A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

2. The prohibitions listed above shall not apply to a university, community college, museum, or library which is operated by or which is under the direct control of a governmental entity of this Region or an employee or independent contractor of such institution, if the employee or independent contractor is acting within the scope of his or her employment or contractual relationship.

3. It shall be a felony punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00 for any teacher, school employee or volunteer, daycare employee of volunteer, or other adult to knowingly, in a public or private daycare, Headstart or afterschool tutorial program, pre-school, kindergarten, elementary, middle, or junior high school, to:

   A. Distribute or cause to be distributed to a minor material that would be obscene as to minors but for serious literary, artistic, political, or scientific value, when such material depicts real or purported sexual conduct, sexual content, or sado-masochistic abuse; or

   B. Distribute or cause to be distributed to a minor material that would be obscene as to minors but for serious literary, artistic, political, or scientific value, when such material describes real or purported sexual conduct, sexual content, or sado-masochistic abuse involving a minor younger than fourteen (14).

A person convicted of such crime on three (3) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

4. It shall be a misdemeanor punishable by a fine of not more than $1,000.00 for any teacher, school employee or volunteer, daycare employee of volunteer, or other adult to knowingly, in a public or private daycare, Headstart or afterschool tutorial program, kindergarten, elementary, middle, or junior high school, to distribute or cause to be distributed to a minor a motion picture than has been rated “R” or “NC-17” by the Motion Picture Association of Atlasia (MPAA) unless such person has obtained written permission from the minor’s parent or guardian.

5. Any public computer terminal accessible by minors that is operated by or under the direct control of a governmental entity of this Region, including but not limited to terminals in universities, community colleges, museums, or libraries shall be required to install internet browsing filters to screen out material that is obscene as to minors. The failure to install such filters shall result in the disqualification of the governmental entity from receiving Regional funds.


TITLE III: AGE OF CONSENT

1. It shall be a felony punishable by imprisonment for no more than ten (10) years and a fine of no more than $50,000.00 for any adult to engage in sexual acts with a minor more than two (2) years his or her junior in all States and external territories of the Southern Region. If the minor victim is younger than thirteen (13) it shall be punishable by imprisonment for not less than twelve (12) years no more than fifty (50) years and a fine of $50,000.00. Any person convicted of sex with a minor shall be required to register as a sex offender an shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. For purposes of this provision, it shall be a permissible affirmative defense that the accused met the minor in a location only accessible by adults, including a bar, nightclub, or brothel, as well as that the minor enticed the accused by lying about his or her age and the accused had no reason based on the totality of the circumstances to suspect that the minor was lying.

2. It shall be a misdemeanor punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00 for a minor to lie about his or her age with the intent to entice am adult into engaging in statutory rape. A person convicted of such crime on two (2) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling

3. It shall be a misdemeanor punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00 for any adult to, with lascivious intent, kiss a minor under the age of sixteen (16) on the mouth while knowingly and intentionally penetrating the mouth of such minor with his or her tongue. A person convicted of such crime on two (2) separate occasions within a five (5) year period shall be required to register as a sex offender, and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling


TITLE IV: ENACTMENT

1. This act shall take effect July 1, 2022.

Sponsor: fhtagn
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Mr. Reactionary
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« Reply #1 on: May 08, 2022, 08:23:30 PM »

This is a constitutional bill that prohibits sharing some obscene and thus regulatable content with kids. It also harmonizes rules for statutory rape.
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Mr. Reactionary
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« Reply #2 on: May 09, 2022, 07:05:40 AM »

Quick scrivners error i noticed that can be corrected without a vote.

The end of the last line of II 1 F delete the semicolon and word or and replace with a period. My bad.
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« Reply #3 on: May 09, 2022, 05:39:39 PM »

This is a good way to defend our most vulnerable.
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fhtagn
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« Reply #4 on: May 09, 2022, 08:56:23 PM »

Quick scrivners error i noticed that can be corrected without a vote.

The end of the last line of II 1 F delete the semicolon and word or and replace with a period. My bad.


Just now saw this, will fix tomorrow.
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Dr. MB
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« Reply #5 on: May 09, 2022, 09:24:26 PM »
« Edited: May 09, 2022, 09:28:16 PM by Dr. MB »

So 18 year olds can't consent to sex with 21 year olds now? And the 21 year old could go to prison for 10 years?

A year in jail for doing things that like 90% of teenagers have done and say they're over 18 (well I guess now it's 19 for some reason, because infantilization has to continue indefinitely) by clicking the box on Pornhub? And if they do this 3 times they have to register as a sex offender?

Creating a great firewall to prolong childhood innocence or whatever for another however many years?

I could go on but I legitimately don't understand how this bill could have any positive effects for the south besides creating somewhat of a police state and repressing any and all talk of sex. Which by the way leads to extremely unhealthy attitudes around sex and a rampant culture of sexual abuse because victims don't understand the distinction between healthy sexual practices and predatory ones.

I'll also just touch on this section.

Quote
1. It shall be a felony punishable by imprisonment for no more than ten (10) years and a fine of no more than $50,000.00 for any adult to engage in sexual acts with a minor more than two (2) years his or her junior in all States and external territories of the Southern Region.

Noticing 2 striking things. First off, any 19 year old who has sex with a 17 year old who's maybe just two years and a month younger than them automatically goes to jail. 20 and 17-18? Same thing. And second, and perhaps most terrifying, the law makes no distinction between this sort of a situation and 50 year old preying on a 14 year old. By the way, in the second situation, the rapist can't be locked up for more than 10 years and even the most monstrous criminal will be right back out on the streets in only a decade (or less!). In fact the, say, 21 year old who has consensual sex with an 18 year old in this situation could potentially be punished for longer than a violent rapist. I'd like to think any rational judge wouldn't do that but you never know.

Quote
  C. Sell to a minor an admission ticket or pass for or otherwise admits a minor for monetary consideration to any presentation of material that is obscene to minors, unless the minor is accompanied by his or her parent or guardian;

So a stripper could take their kid to work?

Quote
4. It shall be a misdemeanor punishable by a fine of not more than $1,000.00 for any teacher, school employee or volunteer, daycare employee of volunteer, or other adult to knowingly, in a public or private daycare, Headstart or afterschool tutorial program, kindergarten, elementary, middle, or junior high school, to distribute or cause to be distributed to a minor a motion picture than has been rated “R” or “NC-17” by the Motion Picture Association of Atlasia (MPAA) unless such person has obtained written permission from the minor’s parent or guardian.

More censorship yay!
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« Reply #6 on: May 09, 2022, 09:46:53 PM »

Yeah MB is right here. Some of this is severely excessive.
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Mr. Reactionary
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« Reply #7 on: May 09, 2022, 09:49:02 PM »

Perhaps Im missing it, but I dont see where it says a minor gets in trouble for clicking on pornhub. Its just illegal for an adult to show pornhub TO a minor (which has been 19 in the south since 2017).

Yeah, a stripper could unfortunately take her kids to work. Parent decision. Same with movies rated for 17 year olds with kids 13 and younger. Thats actually permissive in that it affords teacher independence in high school for 14 - 17 year olds and still allows those movies in younger grades with parent consent. Surely its ok to say no Midnight Cowboy screenings in kindergarten without a permission slip. Its important for parents to help bring up their own kids.

And ultimately I do think even a young adult should have to be patient with an older minor. In VA IRL we dont even have the 2 year rule so technically an 18 with a 17 is against the law.
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Dr. MB
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« Reply #8 on: May 09, 2022, 10:20:30 PM »

And ultimately I do think even a young adult should have to be patient with an older minor. In VA IRL we dont even have the 2 year rule so technically an 18 with a 17 is against the law.
Yeah and I agree with that concept but I don’t see why they should face such a severe charge and have to register as a sex offender for that. It’s a life ruining sentence for a youthful mistake.
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Mr. Reactionary
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« Reply #9 on: May 09, 2022, 10:21:18 PM »

And ultimately I do think even a young adult should have to be patient with an older minor. In VA IRL we dont even have the 2 year rule so technically an 18 with a 17 is against the law.
Yeah and I agree with that concept but I don’t see why they should face such a severe charge and have to register as a sex offender for that. It’s a life ruining sentence for a youthful mistake.

How would you punish it?
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Dr. MB
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« Reply #10 on: May 09, 2022, 10:22:31 PM »

Perhaps Im missing it, but I dont see where it says a minor gets in trouble for clicking on pornhub. Its just illegal for an adult to show pornhub TO a minor (which has been 19 in the south since 2017).

Quote
   E. Misrepresent his or her age as 19 or over for the purpose of obtaining material that is obscene as to minors or admission to any presentation of material that is obscene as to minors;

If I’m reading this right a minor misrepresenting their age anywhere - online or in person- could be charged with a crime and have to register as a sex offender if it happens 3 times.
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Dr. MB
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« Reply #11 on: May 09, 2022, 10:23:49 PM »

And ultimately I do think even a young adult should have to be patient with an older minor. In VA IRL we dont even have the 2 year rule so technically an 18 with a 17 is against the law.
Yeah and I agree with that concept but I don’t see why they should face such a severe charge and have to register as a sex offender for that. It’s a life ruining sentence for a youthful mistake.

How would you punish it?
Some sort of class or program designed to get them out of that mindset. Or community service or something. Nothing harsh.
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Mr. Reactionary
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« Reply #12 on: May 09, 2022, 10:42:03 PM »

And ultimately I do think even a young adult should have to be patient with an older minor. In VA IRL we dont even have the 2 year rule so technically an 18 with a 17 is against the law.
Yeah and I agree with that concept but I don’t see why they should face such a severe charge and have to register as a sex offender for that. It’s a life ruining sentence for a youthful mistake.

How would you punish it?
Some sort of class or program designed to get them out of that mindset. Or community service or something. Nothing harsh.

But like the age bubbles. You were saying 21 year olds and 40 year olds as not equivalent culpability. How would you structure the sentencing? You seem to agree with more than 10 years for a 40 on 14. What would you set the age brackets at as far as severity of sentence?
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Dr. MB
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« Reply #13 on: May 09, 2022, 10:47:00 PM »

And ultimately I do think even a young adult should have to be patient with an older minor. In VA IRL we dont even have the 2 year rule so technically an 18 with a 17 is against the law.
Yeah and I agree with that concept but I don’t see why they should face such a severe charge and have to register as a sex offender for that. It’s a life ruining sentence for a youthful mistake.

How would you punish it?
Some sort of class or program designed to get them out of that mindset. Or community service or something. Nothing harsh.

But like the age bubbles. You were saying 21 year olds and 40 year olds as not equivalent culpability. How would you structure the sentencing? You seem to agree with more than 10 years for a 40 on 14. What would you set the age brackets at as far as severity of sentence?
I wouldn’t go with more than 10 in every case but I’d bump up the max possible sentence to more like 20 years depending on the circumstance. But if they’re only say 5 years apart I would put the max sentence at a lower end like maybe 1-2 years. I’d leave it up to the discretion of the judge for the most part but I just wanna ensure that people are treated fairly and not subjugated to sentences that don’t fit the crime.
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Mr. Reactionary
blackraisin
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« Reply #14 on: May 09, 2022, 11:06:49 PM »

And ultimately I do think even a young adult should have to be patient with an older minor. In VA IRL we dont even have the 2 year rule so technically an 18 with a 17 is against the law.
Yeah and I agree with that concept but I don’t see why they should face such a severe charge and have to register as a sex offender for that. It’s a life ruining sentence for a youthful mistake.

How would you punish it?
Some sort of class or program designed to get them out of that mindset. Or community service or something. Nothing harsh.

But like the age bubbles. You were saying 21 year olds and 40 year olds as not equivalent culpability. How would you structure the sentencing? You seem to agree with more than 10 years for a 40 on 14. What would you set the age brackets at as far as severity of sentence?
I wouldn’t go with more than 10 in every case but I’d bump up the max possible sentence to more like 20 years depending on the circumstance. But if they’re only say 5 years apart I would put the max sentence at a lower end like maybe 1-2 years. I’d leave it up to the discretion of the judge for the most part but I just wanna ensure that people are treated fairly and not subjugated to sentences that don’t fit the crime.

I think the only mandatory minimum in the statutory stuff was for under 13 maybe we could bump it up a year to under 14 since thats 5 from age of adulthood and drop the max for the 5 year differences to 1 like you've proposed.

So:

2 years difference is legal,
3 - 5 years difference is max of 1 yr,
more than 5 years difference is:
max of 10 years for 14 - 18
Min of 12 years and max of 50 years for under 14

Is that an agreeable compromise on punishing the nonces?
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Dr. MB
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« Reply #15 on: May 09, 2022, 11:33:42 PM »

And ultimately I do think even a young adult should have to be patient with an older minor. In VA IRL we dont even have the 2 year rule so technically an 18 with a 17 is against the law.
Yeah and I agree with that concept but I don’t see why they should face such a severe charge and have to register as a sex offender for that. It’s a life ruining sentence for a youthful mistake.

How would you punish it?
Some sort of class or program designed to get them out of that mindset. Or community service or something. Nothing harsh.

But like the age bubbles. You were saying 21 year olds and 40 year olds as not equivalent culpability. How would you structure the sentencing? You seem to agree with more than 10 years for a 40 on 14. What would you set the age brackets at as far as severity of sentence?
I wouldn’t go with more than 10 in every case but I’d bump up the max possible sentence to more like 20 years depending on the circumstance. But if they’re only say 5 years apart I would put the max sentence at a lower end like maybe 1-2 years. I’d leave it up to the discretion of the judge for the most part but I just wanna ensure that people are treated fairly and not subjugated to sentences that don’t fit the crime.

I think the only mandatory minimum in the statutory stuff was for under 13 maybe we could bump it up a year to under 14 since thats 5 from age of adulthood and drop the max for the 5 year differences to 1 like you've proposed.

So:

2 years difference is legal,
3 - 5 years difference is max of 1 yr,
more than 5 years difference is:
max of 10 years for 14 - 18
Min of 12 years and max of 50 years for under 14

Is that an agreeable compromise on punishing the nonces?
Yeah that makes sense. I’d probably do min 10 years on the last situation though because there’s otherwise a 2 year gap between the sentencing ranges.
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Mr. Reactionary
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« Reply #16 on: May 09, 2022, 11:40:09 PM »

And ultimately I do think even a young adult should have to be patient with an older minor. In VA IRL we dont even have the 2 year rule so technically an 18 with a 17 is against the law.
Yeah and I agree with that concept but I don’t see why they should face such a severe charge and have to register as a sex offender for that. It’s a life ruining sentence for a youthful mistake.

How would you punish it?
Some sort of class or program designed to get them out of that mindset. Or community service or something. Nothing harsh.

But like the age bubbles. You were saying 21 year olds and 40 year olds as not equivalent culpability. How would you structure the sentencing? You seem to agree with more than 10 years for a 40 on 14. What would you set the age brackets at as far as severity of sentence?
I wouldn’t go with more than 10 in every case but I’d bump up the max possible sentence to more like 20 years depending on the circumstance. But if they’re only say 5 years apart I would put the max sentence at a lower end like maybe 1-2 years. I’d leave it up to the discretion of the judge for the most part but I just wanna ensure that people are treated fairly and not subjugated to sentences that don’t fit the crime.

I think the only mandatory minimum in the statutory stuff was for under 13 maybe we could bump it up a year to under 14 since thats 5 from age of adulthood and drop the max for the 5 year differences to 1 like you've proposed.

So:

2 years difference is legal,
3 - 5 years difference is max of 1 yr,
more than 5 years difference is:
max of 10 years for 14 - 18
Min of 12 years and max of 50 years for under 14

Is that an agreeable compromise on punishing the nonces?
Yeah that makes sense. I’d probably do min 10 years on the last situation though because there’s otherwise a 2 year gap between the sentencing ranges.

Ill trade the mandatory minimum from 12 to 10 if we can have a max of life if the victim is 10 and under. Fair?
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Dr. MB
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« Reply #17 on: May 09, 2022, 11:42:25 PM »

And ultimately I do think even a young adult should have to be patient with an older minor. In VA IRL we dont even have the 2 year rule so technically an 18 with a 17 is against the law.
Yeah and I agree with that concept but I don’t see why they should face such a severe charge and have to register as a sex offender for that. It’s a life ruining sentence for a youthful mistake.

How would you punish it?
Some sort of class or program designed to get them out of that mindset. Or community service or something. Nothing harsh.

But like the age bubbles. You were saying 21 year olds and 40 year olds as not equivalent culpability. How would you structure the sentencing? You seem to agree with more than 10 years for a 40 on 14. What would you set the age brackets at as far as severity of sentence?
I wouldn’t go with more than 10 in every case but I’d bump up the max possible sentence to more like 20 years depending on the circumstance. But if they’re only say 5 years apart I would put the max sentence at a lower end like maybe 1-2 years. I’d leave it up to the discretion of the judge for the most part but I just wanna ensure that people are treated fairly and not subjugated to sentences that don’t fit the crime.

I think the only mandatory minimum in the statutory stuff was for under 13 maybe we could bump it up a year to under 14 since thats 5 from age of adulthood and drop the max for the 5 year differences to 1 like you've proposed.

So:

2 years difference is legal,
3 - 5 years difference is max of 1 yr,
more than 5 years difference is:
max of 10 years for 14 - 18
Min of 12 years and max of 50 years for under 14

Is that an agreeable compromise on punishing the nonces?
Yeah that makes sense. I’d probably do min 10 years on the last situation though because there’s otherwise a 2 year gap between the sentencing ranges.

Ill trade the mandatory minimum from 12 to 10 if we can have a max of life if the victim is 10 and under. Fair?
I’m good with that
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Mr. Reactionary
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« Reply #18 on: May 09, 2022, 11:45:43 PM »

And ultimately I do think even a young adult should have to be patient with an older minor. In VA IRL we dont even have the 2 year rule so technically an 18 with a 17 is against the law.
Yeah and I agree with that concept but I don’t see why they should face such a severe charge and have to register as a sex offender for that. It’s a life ruining sentence for a youthful mistake.

How would you punish it?
Some sort of class or program designed to get them out of that mindset. Or community service or something. Nothing harsh.

But like the age bubbles. You were saying 21 year olds and 40 year olds as not equivalent culpability. How would you structure the sentencing? You seem to agree with more than 10 years for a 40 on 14. What would you set the age brackets at as far as severity of sentence?
I wouldn’t go with more than 10 in every case but I’d bump up the max possible sentence to more like 20 years depending on the circumstance. But if they’re only say 5 years apart I would put the max sentence at a lower end like maybe 1-2 years. I’d leave it up to the discretion of the judge for the most part but I just wanna ensure that people are treated fairly and not subjugated to sentences that don’t fit the crime.

I think the only mandatory minimum in the statutory stuff was for under 13 maybe we could bump it up a year to under 14 since thats 5 from age of adulthood and drop the max for the 5 year differences to 1 like you've proposed.

So:

2 years difference is legal,
3 - 5 years difference is max of 1 yr,
more than 5 years difference is:
max of 10 years for 14 - 18
Min of 12 years and max of 50 years for under 14

Is that an agreeable compromise on punishing the nonces?
Yeah that makes sense. I’d probably do min 10 years on the last situation though because there’s otherwise a 2 year gap between the sentencing ranges.

Ill trade the mandatory minimum from 12 to 10 if we can have a max of life if the victim is 10 and under. Fair?
I’m good with that

Well that was a very productive communist party meeting on a bill technically neither of us is voting on, but Im sure an amendment reflecting this well teased out policy will be forthcoming by tomorrow from a delegate. Wink
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fhtagn
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« Reply #19 on: May 10, 2022, 08:02:46 PM »

Quick scrivners error i noticed that can be corrected without a vote.

The end of the last line of II 1 F delete the semicolon and word or and replace with a period. My bad.


Just now saw this, will fix tomorrow.

Update: fixed
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fhtagn
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« Reply #20 on: May 10, 2022, 08:03:32 PM »

And ultimately I do think even a young adult should have to be patient with an older minor. In VA IRL we dont even have the 2 year rule so technically an 18 with a 17 is against the law.
Yeah and I agree with that concept but I don’t see why they should face such a severe charge and have to register as a sex offender for that. It’s a life ruining sentence for a youthful mistake.

How would you punish it?
Some sort of class or program designed to get them out of that mindset. Or community service or something. Nothing harsh.

But like the age bubbles. You were saying 21 year olds and 40 year olds as not equivalent culpability. How would you structure the sentencing? You seem to agree with more than 10 years for a 40 on 14. What would you set the age brackets at as far as severity of sentence?
I wouldn’t go with more than 10 in every case but I’d bump up the max possible sentence to more like 20 years depending on the circumstance. But if they’re only say 5 years apart I would put the max sentence at a lower end like maybe 1-2 years. I’d leave it up to the discretion of the judge for the most part but I just wanna ensure that people are treated fairly and not subjugated to sentences that don’t fit the crime.

I think the only mandatory minimum in the statutory stuff was for under 13 maybe we could bump it up a year to under 14 since thats 5 from age of adulthood and drop the max for the 5 year differences to 1 like you've proposed.

So:

2 years difference is legal,
3 - 5 years difference is max of 1 yr,
more than 5 years difference is:
max of 10 years for 14 - 18
Min of 12 years and max of 50 years for under 14

Is that an agreeable compromise on punishing the nonces?
Yeah that makes sense. I’d probably do min 10 years on the last situation though because there’s otherwise a 2 year gap between the sentencing ranges.

Ill trade the mandatory minimum from 12 to 10 if we can have a max of life if the victim is 10 and under. Fair?
I’m good with that

Well that was a very productive communist party meeting on a bill technically neither of us is voting on, but Im sure an amendment reflecting this well teased out policy will be forthcoming by tomorrow from a delegate. Wink


I feel fear.
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fhtagn
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« Reply #21 on: May 11, 2022, 06:33:36 AM »
« Edited: May 11, 2022, 06:39:00 AM by fhtagn »

I offer the following amendment striking the text of Title III (1) and replacing it with the following:

Quote
1. It shall be a felony punishable by imprisonment for no more than ten (10) years and a fine of no more than $50,000.00 for any adult to engage in sexual acts with a minor more than two (2) years his or her junior in all States and external territories of the Southern Region.If the convicted person is less than five (5) years older than the minor victim, this crime shall be punishable by imprisonment for no more than one (1) year and a fine of no more than $10,000.00. If the convicted person is five (5) or more years older than the minor victim, this crime shall be punishable by imprisonment for no more than ten (10) years and a fine of no more than $50,000.00. If the minor victim is younger than thirteen (13) fourteen (14) it this crime[/s] shall be punishable by imprisonment for not less than twelve (12) ten (10) years and no more than fifty (50) years life and a fine of $50,000.00. Any person convicted of sex with a minor five or more years his or her junior shall be required to register as a sex offender and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. Any person convicted of sex with a minor less than five (5) years but more than two (2) years his or her junior shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling. For purposes of this provision, it shall be a permissible affirmative defense that the accused met the minor in a location only accessible by adults, including a bar, nightclub, or brothel, as well as that the minor enticed the accused by lying about his or her age and the accused had no reason based on the totality of the circumstances to suspect that the minor was lying.

24 hours for objections.
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« Reply #22 on: May 17, 2022, 06:51:36 PM »

Amendment is adopted
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fhtagn
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« Reply #23 on: May 17, 2022, 07:47:21 PM »

If no one has anything else to add, motion for a final vote, 24 hours for objections.
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« Reply #24 on: May 18, 2022, 07:41:29 PM »

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.
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