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#1 Mar 08 2011 at 10:23 AM Rating: Good
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So apparently some kid in Michigan is getting charged with producing child pornography. The catch is that... he didn't. He sang some songs at a local elementary school and videotaped it, then gave the video new, sexual music and posted it to YouTube.

That's not even a crime, let alone something as serious as CP would be (in terms of destroying his life).

Linky
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#2 Mar 08 2011 at 10:33 AM Rating: Good
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idiggory wrote:
So apparently some kid in Michigan is getting charged with producing child pornography. The catch is that... he didn't. He sang some songs at a local elementary school and videotaped it, then gave the video new, sexual music and posted it to YouTube.

That's not even a crime, let alone something as serious as CP would be (in terms of destroying his life).

Linky
If this kid is found guilty, it seems like the door is open to start suing lots of different entertainment media for portraying kids in a setting with bad language.
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#3 Mar 08 2011 at 10:34 AM Rating: Excellent
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That sounds dumb but not child pr0n dumb.
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#4 Mar 08 2011 at 11:27 AM Rating: Decent
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idiggory wrote:
That... Isn't Porn...

Linky


All the same, I think I'll abstain from clicking that link at work. It'll have to wait 'till I'm at home...







...and naked.








Edited, Mar 8th 2011 12:28pm by Eske
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#5 Mar 08 2011 at 11:39 AM Rating: Good
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Eske Esquire wrote:
idiggory wrote:
That... Isn't Porn...

Linky


All the same, I think I'll abstain from clicking that link at work. It'll have to wait 'till I'm at home...







...and naked.








Edited, Mar 8th 2011 12:28pm by Eske


You must masturbate to all of gbaji's posts then, all that link basically is is a wall of text.
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#6 Mar 08 2011 at 11:46 AM Rating: Excellent
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Shaowstrike the Shady wrote:
Eske Esquire wrote:
idiggory wrote:
That... Isn't Porn...

Linky


All the same, I think I'll abstain from clicking that link at work. It'll have to wait 'till I'm at home...







...and naked.








Edited, Mar 8th 2011 12:28pm by Eske


You must masturbate to all of gbaji's posts then...


I do, though that's because I have a logical fallacy fetish. You don't want to know what I can do with a Slippery Slope.
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#7 Mar 08 2011 at 12:10 PM Rating: Good
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It doesn't even include the video--the NYTimes is clearly slacking. :(
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#8 Mar 08 2011 at 1:26 PM Rating: Excellent
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idiggory wrote:
It doesn't even include the video--the NYTimes is clearly slacking. :(


Seems it has been removed from youtube - quite possible it disappeared before a mirror site could find it. Or maybe it is a NYTimes fail.

Either way, it sounds ridiculous. I think the only thing he should be charged for is if there's a crime for using video of kids without the permission of their parents. If so, charge him for that. Child pr0n? No way.
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#9 Mar 08 2011 at 1:30 PM Rating: Good
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Anything worse than community service is ridiculous, imo. I get that the parents are pissed--I would be too. But being pissed off about something does not make it a crime. Otherwise, varus would have gotten the death penalty by now.

I get that everyone has a different conception of justice, but even the parents admit that this charge is too much. They just don't care, because they are angry.
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#10 Mar 08 2011 at 1:40 PM Rating: Good
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This thing is not a crime.

The real story here is that he hired a lawyer busted for coke by the guy who's prosecuting him for this video.
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#11 Mar 08 2011 at 1:54 PM Rating: Good
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Timelordwho wrote:
This thing is not a crime.

The real story here is that he hired a lawyer busted for coke by the guy who's prosecuting him for this video.


I figured the only reason that the prosecutor did that was because the defense attorney hogged the eight-ball.
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#12 Mar 08 2011 at 1:59 PM Rating: Good
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Lol, he's probably the only lawyer in that small hick town. The DA probably won all (2) of his cases while the guy was in jail.
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#13 Mar 09 2011 at 10:25 AM Rating: Good
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Timelordwho wrote:
This thing is not a crime.

The real story here is that he hired a lawyer busted for coke by the guy who's prosecuting him for this video.


That's amazing.
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#14 Mar 09 2011 at 10:33 AM Rating: Good
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The minors would have to be in sexually explicit activities and taped for it to be pornography. But because he in some way sexualized the activity and "portrayed" the minors in a sexual way, that's what the prosecutors are going for. Prosecutors generally throw every charge they can think of and in every degree, so from there it's easier to negotiate for a plea bargain.
#15 Mar 09 2011 at 5:35 PM Rating: Decent
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The minors would have to be in sexually explicit activities and taped for it to be pornography. But because he in some way sexualized the activity and "portrayed" the minors in a sexual way, that's what the prosecutors are going for. Prosecutors generally throw every charge they can think of and in every degree, so from there it's easier to negotiate for a plea bargain.


Yeah. I seem to recall back awhile ago we had a discussion about anime-porn, and the question of whether it violated child pornography laws came up. The general consensus was that the language of the law is kinda broad, but the key point was whether a depiction of an actual child was used in a sexual manner. By putting images of real children into the video, he's met that criteria. Since I don't know what words or video he injected in between the scenes of the kids, I can't say whether what he did actually crossed the line into "sexually explicit activity", but I can absolutely see both why the parents would be pissed about this and the DA might want to toss the whole book at the guy.


It was, at the very least, an incredibly moronic and insensitive thing to do. Assuming the other parts of the video weren't too bad, I don't think he should get nailed for child porn on this, but I'd expect a pretty major lawsuit. Using the images of minors in pretty much any capacity without parental permission is a big no-no. He could be sued. The bar where the video was shown could be sued. The school could be sued (and almost certainly will even though it's not their fault at all). He could be charged with a number of fraud charges at least as well for lying to the school about why he was taking the video of the kids in the first place.

Child porn charges aside, this guy's basically screwed himself pretty firmly.
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#16 Mar 09 2011 at 8:14 PM Rating: Decent
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But, the Tosh.0 skit that it was based on was hilarious. And that should be good enough a defense for anyone.
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#17 Apr 15 2011 at 9:42 AM Rating: Excellent
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Slight update to this case (sorry for an almost necro):

http://www.mediaite.com/online/youtube-comedian-gets-two-months-in-prison-after-appearing-to-sing-dirty-sex-song-to-kids/
Quote:
On Tuesday, Judge William C. Marietti of the Muskegon County 14th Circuit Court sentenced Emory under a previously arranged plea deal to 60 days in jail, two years probation, 200 hours of community service, mandatory counseling and fines and costs. And when he emerges from jail, Emory can’t be within 500 feet of children under the age of 17. All for a comedy attempt gone awry.”

Smiley: disappointed
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#18 Apr 15 2011 at 9:44 AM Rating: Good
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Emory can’t be within 500 feet of children under the age of 17.
So not all bad.
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#19 Apr 15 2011 at 10:07 AM Rating: Decent
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Slight update to this case (sorry for an almost necro):

http://www.mediaite.com/online/youtube-comedian-gets-two-months-in-prison-after-appearing-to-sing-dirty-sex-song-to-kids/
Quote:
On Tuesday, Judge William C. Marietti of the Muskegon County 14th Circuit Court sentenced Emory under a previously arranged plea deal to 60 days in jail, two years probation, 200 hours of community service, mandatory counseling and fines and costs. And when he emerges from jail, Emory can’t be within 500 feet of children under the age of 17. All for a comedy attempt gone awry.”

Smiley: disappointed


just a bit over the top. Jail time should have been more than enough.
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#20 Apr 15 2011 at 1:23 PM Rating: Decent
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Emory can’t be within 500 feet of children under the age of 17. All for a comedy attempt gone awry.”


Tell me the prohibition is more explicit than that...

What if his neighbors have kids? What if he's driving along the road and stops at a light and some kids cross the street? What if he has to go grocery shopping?

I'm guessing it actually means he can't be alone or in the direct company of/with children under 17, and not in general.
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#21 Apr 15 2011 at 3:39 PM Rating: Excellent
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Proving again that our government is nothing but a bunch of retards.
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#22 Apr 15 2011 at 4:51 PM Rating: Decent
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Proving again that our government is nothing but a bunch of retards.


Which is why we should limit it and its ability to screw with us. ;)
#23 Apr 15 2011 at 5:31 PM Rating: Excellent
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BeanX the Irrelevant wrote:
Proving again that our government is nothing but a bunch of retards.


Which is why we should limit it and its ability to screw with us. ;)


More like completely destroy it and rebuild it from the ground up, Its archaic and stupid, from a time when most people couldn't read. It takes forever to accomplish the smallest task, there is holes everywhere, and its corrupted from every side. It's a country where the right thing is always the person who has the most money to put into their pockets.

Blah sorry this is why i stay out of political debates and stuff because I just get angry on how terrible this country is run.
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#24 Apr 15 2011 at 6:04 PM Rating: Decent
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We'll always need judges and some of them will be retarded, but this guy shouldn't even have to serve any jail time. A slap on the wrist and some community service, maybe paying damages to the kids-- that would have been sufficient. This guy shouldn't have to spend a day in jail for this.
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Ok, now we're going to get slash fiction of Wint x Kachi somehere... rule 34 and all...

Never confuse your inference as the listener for an implication of the speaker.

Good games are subjective like good food is subjective. You're not going to seriously tell me that there's not a psychological basis for why pizza is great and lutefisk is revolting. The thing about subjectivity is that, as subjects go, humans actually have a great deal in common.
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