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Old 01-13-2019, 10:37 AM
Musicat is offline
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Join Date: Oct 1999
Location: Sturgeon Bay, WI USA
Posts: 20,922
Originally Posted by Joey P View Post
My issue has always been that since it's not an underaged kid he's talking to, no underaged kid has ever been involved in any part of this, can't he argue that he knew the person he was talking to wasn't an underaged kid, even if "she" said she was?
This may be analogous to the free speech question: if no human being is involved, such as in a cartoon, should depiction of illegal activities be permitted?

4th US Circuit Court once said an image is illegal if it appears to be Child Porn, even if computer-generated and no human being was ever photographed.

This decision was overturned by the Supreme Court (Ashcroft v. Free Speech Coalition).

(Sorry, no links. All of my links to these cases no longer work and I don't want to spend the time to update them. It's also possible that more recent cases have altered those decisions.)