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Re:Teenager Who Reads News Online? According to the DoJ, You... by snowwrestler on Wednesday April 03, 2013 @01:35PM (#5487594)
That is not the same thing as inadvertently recording a crime in a public place, which is what the grandparent was describing.
Re:Teenager Who Reads News Online? According to the DoJ, You... by will_brown on Wednesday April 03, 2013 @02:12PM (#5487896)
It is not the same thing but it demonstrates the same point that under these charges Criminal Intent does not need to be proved, unlike most any other criminal charge.

I suppose I did not need to use a different hypothetical, but I thought it would demonstrate the point about intent, bc in my hypothetical the Defendant could not have had intent when a minor produces an ID that says 18, ie. how can you intend to have sex with a minor if you believe the individual is 18? You can not intend it, at least legally and I specifically used a hypothetical that creates some culpability on the minor, producing a fake ID, but even that is not a defense because that only goes to intent, the actual crime still occurred.

Back to the original hypothetical, keep in mind we are not talking about recording a crime in a public place, it is much more specific we are talking about recording statutory rape in a public place - there is no defense regarding intent bc it is a strict liability crime. Moreover, it does not matter it was inadvertent, a mistake or anything else if the video exists and you recorded your intent, or lack thereof, is not a valid defense to a strict liability crimes.

Re:Teenager Who Reads News Online? According to the DoJ, You... by gambiting on Wednesday April 03, 2013 @02:14PM (#5487915)
Let me compare it to something else - let's say you have a charity collecting clothes. If somebody dropped a bag full of cocaine into one of your collection depos, and you called the police to say that this has happened, it is purely because of some little remains of common sense that you would not be charged with drugs possession. But under the letter of law, you could be.

If your camera records a rape of a child, then under the letter of law you are guilty of recording and possession of children pornography, no matter whatever you wanted to record it or not. Sure, most of the time judges will exhibit common sense about this, but it's a problem that if they wanted to, they could make you do jail time and it would be entirely within the law. Laws that are ambiguous and that can stretch depending how the police/judges see you,are the worst, it should be changed.