# Is this statutory rape? **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [September 12, 2014, 7:14pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333 "2014-09-12T19:14:35Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![dracoi](https://avatars.discourse-cdn.com/v4/letter/d/90db22/32.png) [@dracoi](https://boards.straightdope.com/u/dracoi)\ **Post date:** [September 12, 2014, 10:43pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/21 "2014-09-12T22:43:05Z")
Overzealous prosecution or not, the idea that this kind of crime could face two years in jail (juvenile or otherwise) is absolutely ridiculous. Two years?! Seriously, how traumatized can anyone be by the defacing of anything that such a harsh penalty is necessary? ---
**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\ **Post date:** [September 12, 2014, 11:04pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/22 "2014-09-12T23:04:23Z")
Back in my neighborhood in the Bronx almost every year Baby Jesus got kidnapped for a few days from the nativity scene outside the church. I suppose these days that would get you life.:eek: ---
**Author:** ![ZPG\_Zealot](https://avatars.discourse-cdn.com/v4/letter/z/e47c2d/32.png) [@ZPG\_Zealot](https://boards.straightdope.com/u/ZPG_Zealot)\ **Post date:** [September 12, 2014, 11:39pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/23 "2014-09-12T23:39:09Z")
> [@Jack\_Batty](#): > > I thought that was hilarious … and such bullshit that he’s being charged. He didn’t do anything \*to \*the statue; it was left unharmed and unchanged (I almost said “unmolested” but I changed my mind). > > If I were to post a picture of myself giving a crucifix or the Koran or any sort of Golden Mooby the finger, would I be up for the same charge? Being disrespectful of something isn’t the same as “defacing, damaging, polluting or otherwise, physically mistreating” it. How is this not a civil liberties issue? I could see there maybe an issue with trespassing if there was a sign indicating the statue shouldn’t be touched. But taking disrespectful photos of statues? The ACLU should jump to this guy’s defense. ---
**Author:** ![turner](https://avatars.discourse-cdn.com/v4/letter/t/22d042/32.png) [@turner](https://boards.straightdope.com/u/turner)\ **Post date:** [September 12, 2014, 11:44pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/24 "2014-09-12T23:44:40Z")
Unfortunately, there’s not a law on the books against being an asshole, so I’ve got no problem with this. ---
**Author:** ![Flywheel](https://avatars.discourse-cdn.com/v4/letter/f/eb8c5e/32.png) [@Flywheel](https://boards.straightdope.com/u/Flywheel)\ **Post date:** [September 12, 2014, 11:58pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/25 "2014-09-12T23:58:53Z")
> [@susan](#): > > [This statue](http://www.theguardian.com/world/2014/jun/23/us-student-rescued-giant-vagina-sculpture-germany) fought back against sexual assault. > [@johnpost](#): > > that was apprehension. More like entrapment. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 13, 2014, 12:19am UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/26 "2014-09-13T00:19:39Z")
> [@ZPG\_Zealot](#): > > How is this not a civil liberties issue? I could see there maybe an issue with trespassing if there was a sign indicating the statue shouldn’t be touched. But taking disrespectful photos of statues? The ACLU should jump to this guy’s defense. I don’t agree the statute needs a sign indicating the owner’s lack of consent for this particular trespass. The issue is not the photo – the photo is merely evidence of the violation of the statue, and thus the statute. (These things just write themselves). But I think the statute is too vague to be enforceable. For one thing, this conduct would be absolutely protected if a person did such a thing to their own statue, but the law makes no distinction between owners of the object – as long as its venerated, the law appears to reach it. That’s overbroad, and overbreadth challenges in the First Amendment context can’t be saved by a court construing the statute to reach only cases of trespass, because the law chills permissible protected conduct. ---
**Author:** ![Inna\_Minnit](https://avatars.discourse-cdn.com/v4/letter/i/5f8ce5/32.png) [@Inna\_Minnit](https://boards.straightdope.com/u/Inna_Minnit)\ **Post date:** [September 13, 2014, 1:11am UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/27 "2014-09-13T01:11:20Z")
Klassy kid. I hope the photo finds it’s way on every prospective employer’s desk. What a dumbass. ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [September 13, 2014, 3:02am UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/28 "2014-09-13T03:02:59Z")
> [@dracoi](#): > > Overzealous prosecution or not, the idea that this kind of crime could face two years in jail (juvenile or otherwise) is absolutely ridiculous. Two years?! Seriously, how traumatized can anyone be by the defacing of anything that such a harsh penalty is necessary? > [@Bricker](#): > > For one thing, this conduct would be absolutely protected if a person did such a thing to their own statue, but the law makes no distinction between owners of the object – as long as its venerated, the law appears to reach it. That’s overbroad, and overbreadth challenges in the First Amendment context can’t be saved by a court construing the statute to reach only cases of trespass, because the law chills permissible protected conduct. Yeah, really. The only reason \*this \*perp may have to just (can’t resist…) suck it up and take the punishment is that it’s unlikely anyone will bother mounting a challenge to the law over this sort of asshattery. But this is something we were supposed to have gotten over in our “more advanced” society, so we’d be able to wag our fingers at people angered by caricatures or videos and at countries with “blasphemy” laws. This dude \*harmed \*no one. Thing is, the criminal penalty is entirely unnecessary, because of the following: > [@Inna\_Minnit](#): > > Klassy kid. I hope the photo finds it’s way on every prospective employer’s desk. What a dumbass. Indeed the behavior is self-punishing, these days. No need to burden the criminal justice system. There is no law against being an ign’rnt ass, but neither is there a law ordering social toleration thereof and the Web shall take care of letting the world see him at his asshatmost. ---
**Author:** ![notfrommensa](https://avatars.discourse-cdn.com/v4/letter/n/f14d63/32.png) [@notfrommensa](https://boards.straightdope.com/u/notfrommensa)\ **Post date:** [September 13, 2014, 3:24am UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/29 "2014-09-13T03:24:55Z")
There should be a Statue of Limitations posted so teenagers know what they can and cannot do. ---
**Author:** ![Slithy\_Tove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slithy_tove/32/18248_2.png) [@Slithy\_Tove](https://boards.straightdope.com/u/Slithy_Tove)\ **Post date:** [September 13, 2014, 10:05am UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/30 "2014-09-13T10:05:51Z")
Point of law: statuary rape does not require lack of cement as sculptuary evidence. ---
**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\ **Post date:** [September 13, 2014, 10:40am UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/31 "2014-09-13T10:40:06Z")
The moral of the story is to cover the Jesus statue with the US flag [first](http://scholar.google.com/scholar_case?case=2084618710761560217). ---
**Author:** ![dba\_Fred](https://avatars.discourse-cdn.com/v4/letter/d/c37758/32.png) [@dba\_Fred](https://boards.straightdope.com/u/dba_Fred)\ **Post date:** [September 13, 2014, 2:52pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/32 "2014-09-13T14:52:11Z")
How old is the statue? How old is the teenager? Is a statue competent to give consent? What do the Pennsylvania statutes say about statues? Are they set in stone? _Oh what a tangled web we create, when first we practice to desecrate!_ ---
**Author:** ![Snarky\_Kong](https://avatars.discourse-cdn.com/v4/letter/s/a183cd/32.png) [@Snarky\_Kong](https://boards.straightdope.com/u/Snarky_Kong)\ **Post date:** [September 13, 2014, 3:34pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/33 "2014-09-13T15:34:44Z")
> [@Inna\_Minnit](#): > > Klassy kid. I hope the photo finds it’s way on every prospective employer’s desk. What a dumbass. You really think that would prevent him from getting hired? ---
**Author:** ![wolfman](https://avatars.discourse-cdn.com/v4/letter/w/a8b319/32.png) [@wolfman](https://boards.straightdope.com/u/wolfman)\ **Post date:** [September 13, 2014, 3:48pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/34 "2014-09-13T15:48:59Z")
> [@Snarky\_Kong](#): > > You really think that would prevent him from getting hired? If he applies at God Botherers Inc. then yes. ---
**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\ **Post date:** [September 13, 2014, 4:04pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/35 "2014-09-13T16:04:32Z")
> [@jtur88](#): > > You mean, playing the Accordion is illegal in Pennsylvania? If true, then all the radio stations in Pennsylvania that run “Polka Party” on Sundays are breaking the law. ---
**Author:** ![The\_Second\_Stone](https://avatars.discourse-cdn.com/v4/letter/t/bbe5ce/32.png) [@The\_Second\_Stone](https://boards.straightdope.com/u/The_Second_Stone)\ **Post date:** [September 13, 2014, 4:15pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/36 "2014-09-13T16:15:20Z")
No lawyer is going to be able to get that kid off. ---
**Author:** ![Inna\_Minnit](https://avatars.discourse-cdn.com/v4/letter/i/5f8ce5/32.png) [@Inna\_Minnit](https://boards.straightdope.com/u/Inna_Minnit)\ **Post date:** [September 13, 2014, 4:21pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/37 "2014-09-13T16:21:34Z")
> [@Snarky\_Kong](#): > > You really think that would prevent him from getting hired? I wouldn’t hire him. He is stupid to take the picture. More stupid to post the picture. And I have no respect for those who go out of their way to be assholes. I understand that SDMB is the bastion of liberal thought and atheism, but I don’t go around showing disrespect to those I disagree with. ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [September 13, 2014, 8:24pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/38 "2014-09-13T20:24:47Z")
> [@The\_Second\_Stone](#): > > No lawyer is going to be able to get that kid off. No, no, no. From looking at the picture, I suspect the statue got him off…& lawyers are good for screwing you. Now I’ll just stand here & wait for the express elevator down; way, waaaayyy, down ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [September 13, 2014, 9:05pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/39 "2014-09-13T21:05:57Z")
Personally, I have a hard time with the notion that desecration has any place in the vocabulary of American jurisprudence. Similar to the notion that “blasphemy” has any meaning in American law, it carries the implication that the government has a legitimate role in the enforcement of what anyone deems as “sacred.” ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 13, 2014, 9:10pm UTC](https://boards.straightdope.com/t/is-this-statutory-rape/698333/40 "2014-09-13T21:10:50Z")
> [@kaylasdad99](#): > > Personally, I have a hard time with the notion that desecration has any place in the vocabulary of American jurisprudence. Similar to the notion that “blasphemy” has any meaning in American law, it carries the implication that the government has a legitimate role in the enforcement of what anyone deems as “sacred.” The law covers non-religious veneration: monuments, burial grounds, etc. I think it’s legit in that way. [Previous page](https://boards.straightdope.com/t/is-this-statutory-rape/698333.md?page=1) [Next page](https://boards.straightdope.com/t/is-this-statutory-rape/698333.md?page=3)