# Is porn of the mentally handicapped illegal?
**URL:** https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633
**Category:** Factual Questions
**Created:** [November 23, 2013, 7:22pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633 "2013-11-23T19:22:48Z")
**Posts on this page:** 20
**Page:** 1
### Author:  [@DevilMayhem666](https://boards.straightdope.com/u/DevilMayhem666)
#### Post date: [November 23, 2013, 7:22pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/1 "2013-11-23T19:22:48Z")
Since it’s illegal for the mentally handicap to engage in sexual intercourse is it the same with porn, like sexually suggestive nude pics)? Just wondering.
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### Author:  [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)
#### Post date: [November 23, 2013, 7:32pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/2 "2013-11-23T19:32:25Z")
Do you have a citation for your first assertion? And what jurisdiction are you talking about? Laws will vary across countries, and perhaps across states in the US.
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### Author:  [@IvoryTowerDenizen](https://boards.straightdope.com/u/IvoryTowerDenizen)
#### Post date: [November 23, 2013, 7:32pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/3 "2013-11-23T19:32:55Z")
It’s illegal for mentally handicapped adults to have sex?
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### Author:  [@Joey\_P](https://boards.straightdope.com/u/Joey_P)
#### Post date: [November 23, 2013, 7:44pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/4 "2013-11-23T19:44:53Z")
From [here](http://www.justdetention.org/pdf/legalresources/Tennessee%2039-13-504.pdf), in Tennessee (first site I came up with).
> [@](#):
>
> Tenn. Code Ann. § 39-13-504. Aggravated sexual battery
> **(a) Aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of
> the following circumstances:**
> (1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
> (2) The defendant causes bodily injury to the victim;
> (3) The defendant is aided or abetted by one (1) or more other persons; and
> (A) Force or coercion is used to accomplish the act; or
> **(B) The defendant knows or has reason to know that
> the victim is mentally defective, mentally incapacitated** or physically helpless; or
> (4) The victim is less than thirteen (13) years of age.
> (b) Aggravated sexual battery is a Class B felony
As written it leaves a lot of grey area, but it exists. Of course, I haven’t done any digging and I have no idea how or if they define all the terms in there (including things like “the defendant has reason to know”).
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### Author:  [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)
#### Post date: [November 23, 2013, 7:53pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/5 "2013-11-23T19:53:41Z")
That there is some pretty shabby lawyerin to read a sexual battery charge as you do.
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### Author:  [@panache45](https://boards.straightdope.com/u/panache45)
#### Post date: [November 23, 2013, 7:55pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/6 "2013-11-23T19:55:35Z")
> [@DevilMayhem666](#):
>
> Since it’s illegal for the mentally handicap to engage in sexual intercourse . . .
What country - or century - do you live in?
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### Author:  [@Canadjun](https://boards.straightdope.com/u/Canadjun)
#### Post date: [November 23, 2013, 8:18pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/7 "2013-11-23T20:18:12Z")
> [@Joey\_P](#):
>
> From [here](http://www.justdetention.org/pdf/legalresources/Tennessee%2039-13-504.pdf), in Tennessee (first site I came up with).
>
> As written it leaves a lot of grey area, but it exists. Of course, I haven’t done any digging and I have no idea how or if they define all the terms in there (including things like “the defendant has reason to know”).
Your quote also didn’t define “unlawful sexual contact”. It just mentions that accompanied by any of a bunch of other conditions.
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### Author:  [@IvoryTowerDenizen](https://boards.straightdope.com/u/IvoryTowerDenizen)
#### Post date: [November 23, 2013, 8:22pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/8 "2013-11-23T20:22:10Z")
> [@Joey\_P](#):
>
> From [here](http://www.justdetention.org/pdf/legalresources/Tennessee%2039-13-504.pdf), in Tennessee (first site I came up with).
>
> As written it leaves a lot of grey area, but it exists. Of course, I haven’t done any digging and I have no idea how or if they define all the terms in there (including things like “the defendant has reason to know”).
The sexual contact has to be _unlawful_ first. It becomes _aggravated_ if those additional conditions are met.
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### Author:  [@armedmonkey](https://boards.straightdope.com/u/armedmonkey)
#### Post date: [November 23, 2013, 8:33pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/9 "2013-11-23T20:33:15Z")
> [@DevilMayhem666](#):
>
> Since it’s illegal for the mentally handicap to engage in sexual intercourse
Ermm… what?
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### Author:  [@DevilMayhem666](https://boards.straightdope.com/u/DevilMayhem666)
#### Post date: [November 23, 2013, 8:41pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/10 "2013-11-23T20:41:47Z")
I’m surprised that people are surprised at what I said.
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### Author:  [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)
#### Post date: [November 23, 2013, 8:49pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/11 "2013-11-23T20:49:41Z")
> [@DevilMayhem666](#):
>
> I’m surprised that people are surprised at what I said.
Then it should be no problem for you to back it up.
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### Author:  [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)
#### Post date: [November 23, 2013, 9:17pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/12 "2013-11-23T21:17:12Z")
I can understand that being a problem if the person is utterly unable to function, but surely someone who has a mental disability of some kind but can, say, hold minor jobs, live in a group home but otherwise care for many of their own needs, etc. can also understand and engage in sexual intercourse.
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### Author:  [@ZenBeam](https://boards.straightdope.com/u/ZenBeam)
#### Post date: [November 23, 2013, 9:26pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/13 "2013-11-23T21:26:04Z")
For Tennessee:
39-13-503. Rape
(a) **Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a
victim accompanied by any of the following circumstances**:
(1) Force or coercion is used to accomplish the act;
(2) The sexual penetration is accomplished without the consent of the victim and the
defendant knows or has reason to know at the time of the penetration that the victim did not
consent;
(3) **The defendant knows or has reason to know that the victim is mentally defective,
mentally incapacitated or physically helpless**; or
(4) The sexual penetration is accomplished by fraud.
(b) Rape is a Class B felony.
ETA: First link on a Google search for _tennessee code unlawful sexual contact_
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### Author:  [@armedmonkey](https://boards.straightdope.com/u/armedmonkey)
#### Post date: [November 23, 2013, 9:28pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/14 "2013-11-23T21:28:58Z")
> [@DevilMayhem666](#):
>
> I’m surprised that people are surprised at what I said.
OK, well, first off: How is it illegal for mentally handicapped people to have sex?
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### Author:  [@Chief\_Pedant](https://boards.straightdope.com/u/Chief_Pedant)
#### Post date: [November 23, 2013, 9:33pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/15 "2013-11-23T21:33:14Z")
> [@ZenBeam](#):
>
> For Tennessee:
>
> 39-13-503. Rape
> (a) **Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a
> victim accompanied by any of the following circumstances**:
> (1) Force or coercion is used to accomplish the act;
> (2) The sexual penetration is accomplished without the consent of the victim and the
> defendant knows or has reason to know at the time of the penetration that the victim did not
> consent;
> (3) **The defendant knows or has reason to know that the victim is mentally defective,
> mentally incapacitated or physically helpless**; or
> (4) The sexual penetration is accomplished by fraud.
> (b) Rape is a Class B felony.
>
> ETA: First link on a Google search for _tennessee code unlawful sexual contact_
Is it the case that both you and the OP are confused about how important the term “unlawful” is? Or did you mean to add something else here?
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### Author:  [@ZenBeam](https://boards.straightdope.com/u/ZenBeam)
#### Post date: [November 23, 2013, 9:33pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/16 "2013-11-23T21:33:49Z")
> [@armedmonkey](#):
>
> OK, well, first off: How is it illegal for mentally handicapped people to have sex?
The issue isn’t that it’s unlawful for mentally incapacitated people to have sex, it’s that it’s considered to be rape for the person having sex with them.
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### Author:  [@ZenBeam](https://boards.straightdope.com/u/ZenBeam)
#### Post date: [November 23, 2013, 9:37pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/17 "2013-11-23T21:37:04Z")
> [@Chief\_Pedant](#):
>
> Is it the case that both you and the OP are confused about how important the term “unlawful” is? Or did you mean to add something else here?
That is the definition given by Tennessee. The term “lawful” is descriptive, it is not an additional requirement.
Or are you arguing that there is, for example, lawful cases where “sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent”?
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### Author:  [@armedmonkey](https://boards.straightdope.com/u/armedmonkey)
#### Post date: [November 23, 2013, 9:37pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/18 "2013-11-23T21:37:09Z")
> [@ZenBeam](#):
>
> The issue isn’t that it’s unlawful for mentally incapacitated people to have sex, it’s that it’s considered to be rape for the person having sex with them.
That’s not the OP. OP never mentions rape. I want to know what the hell the OP is getting at.
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### Author:  [@ZenBeam](https://boards.straightdope.com/u/ZenBeam)
#### Post date: [November 23, 2013, 9:40pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/19 "2013-11-23T21:40:03Z")
> [@armedmonkey](#):
>
> That’s not the OP. OP never mentions rape. I want to know what the hell the OP is getting at.
I’m pretty sure that what you quoted _is_ what the OP is getting at.
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### Author:  [@drachillix](https://boards.straightdope.com/u/drachillix)
#### Post date: [November 23, 2013, 9:42pm UTC](https://boards.straightdope.com/t/is-porn-of-the-mentally-handicapped-illegal/674633/20 "2013-11-23T21:42:48Z")
> [@DevilMayhem666](#):
>
> Since it’s illegal for the mentally handicap to engage in sexual intercourse is it the same with porn, like sexually suggestive nude pics)? Just wondering.
Maybe you should rephrase the question…like is it possible for the mentally handicapped to give meaningful consent for purposes of starring in a pornographic movie?
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