Re:Running a Dark Web pedophile honeypot
by grkvlt on Wednesday July 08, 2015 @08:04PM
(#9855438)
> The laws do not leave any room
This meme is repeated a lot about posession of child pornography, and is absoluely incorrect. Perhaps this is because in the UK the law had to be amended to include an exception, so that deliberately 'making' otherwise illegal images solely for the purpose of law enforcement was allowed as a defence. But (again, in the UK, but true for most other common law jurisdictions) there is still a 'mens rea' (that is, guilty mind, or intent) requirement, as with any crime.
EDIT: Also, there are no 'edge cases' in regard to sexting, at least in the UK at present, as the law allows the obvious defence that the images are of ones partner.
This meme is repeated a lot about posession of child pornography, and is absoluely incorrect. Perhaps this is because in the UK the law had to be amended to include an exception, so that deliberately 'making' otherwise illegal images solely for the purpose of law enforcement was allowed as a defence. But (again, in the UK, but true for most other common law jurisdictions) there is still a 'mens rea' (that is, guilty mind, or intent) requirement, as with any crime.
EDIT: Also, there are no 'edge cases' in regard to sexting, at least in the UK at present, as the law allows the obvious defence that the images are of ones partner.