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PostPosted: Thu Jan 21, 2010 10:51 am 
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Corolinth wrote:
While I do realize he's automatically guilty because he's a sick bastard who jerked off on a webcam, it's still in question as to whether he believed he was jerking off for a minor.


In the sense that all the facts are still "alledged", yes, this has to be established in court. There is no indication that he thought the officer was anything other than a minor though. At one point he alledgedly stopped because he learned that the supposed minor was 15.

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PostPosted: Thu Jan 21, 2010 11:29 am 
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The Game Master.
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Thought crimes ftl.

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PostPosted: Thu Jan 21, 2010 11:53 am 
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DFK! wrote:
Thought crimes ftl.


This isn't a thought crime at all.

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PostPosted: Thu Jan 21, 2010 1:35 pm 
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Diamondeye wrote:
DFK! wrote:
Thought crimes ftl.


This isn't a thought crime at all.



Sure it is.
Diamondeye wrote:
Amanar wrote:
Um, what crime was committed here? An adult jerked off on his webcam to another adult. There were no minors involved. There's no victim.


One adult did so believeing that he was doing so to a minor. That's a crime.


Emphasis mine.
That's a thought crime.

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PostPosted: Thu Jan 21, 2010 1:43 pm 
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I don't think this should be considered a crime.

A) Pixels don't hurt children. I don't see how it's very psychologically harmful. Also the child can shut it off.

B) No different than watching porn.

C) In this case, it wasn't actually a child on the receiving end.

D) We don't know if he even thought it was a child.

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PostPosted: Thu Jan 21, 2010 3:13 pm 
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DFK! wrote:
Diamondeye wrote:
DFK! wrote:
Thought crimes ftl.


This isn't a thought crime at all.



Sure it is.
Diamondeye wrote:
Amanar wrote:
Um, what crime was committed here? An adult jerked off on his webcam to another adult. There were no minors involved. There's no victim.


One adult did so believeing that he was doing so to a minor. That's a crime.


Emphasis mine.
That's a thought crime.


No, it's not, any more than any crime involves thinking about it. That's like saying if you try to rob an armored car and it turns out to be empty, it's a thought crime if you're charged with robbery.

He wasn't charged for just thinking about jerking off with a minor watching, he was charged because, as far as he knew, he did jerk off with a minor watching.

It is, legally, not a defense to a crime that committing the crime was impossible if, were the facts as the defendant understood them to be, it was possible to commit the crime.

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PostPosted: Thu Jan 21, 2010 3:20 pm 
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"It is, legally, not a defense to a crime that committing the crime was impossible if, were the facts as the defendant understood them to be, it was possible to commit the crime."

The fact that you bring this up indicates you think it is a good idea that an act that is impossible to occur should still be held against an individual as a crime.

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PostPosted: Thu Jan 21, 2010 3:25 pm 
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Elmarnieh wrote:
"It is, legally, not a defense to a crime that committing the crime was impossible if, were the facts as the defendant understood them to be, it was possible to commit the crime."

The fact that you bring this up indicates you think it is a good idea that an act that is impossible to occur should still be held against an individual as a crime.


It indicates that I agree that if a person thinks a certain set of facts exist, and acts on those, and that act would be criminal if he were correct, the fact that he turned out to be incorrect should not be a defense.

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