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.