Comment Re:Child porn is NOT the problem (Score 2, Insightful) 572
So my suggestion would lead to the following.
While I agree that it shouldn't be illegal for someone to take a photo of someone else that they are leagally allowed to have sex with, the suggestion given has a HUGE problem. Say that little Jack takes a photo of little Jill, both age 15, while they are doing the deed. Six years later, Jack's computer is found to still have that photo of Jill at age 15 on it. While both he and she are now 21 years old, because the photo is of a person that was 15 at the time, Jack goes to jail. But wait, there is more... What if Jill has a copy. She gets sent to jail for having a porno photo of a 15 year old, even if it is of herself at age 15.
- A (pornographic) photo of an 18 year old would be legal.
- A photo of a 16/17 year old would be taken from you, but not result in prosecution.
- A photo of a 15 year old would result in a prosecution for anyone over the age of 20. Otherwise the photo is taken from you.
- A photo of a 14 year old would result in a prosecution for anyone over the age of 19. Otherwise the photo is taken from you.
- A photo of a 13 year old would result in a prosecution for anyone over the age of 16. Otherwise the photo is taken from you.
- A photo of a 12 year old would result in a prosecution for anyone over the age of 13. Otherwise the photo is taken from you.
I don't see a obvious solution to this situation. So we are left with a strange situation where is is sometimes legal to have sex with a person but not to take a photo of them.