Is this strange?? Age of consent/pornography laws

[SlyAK]

This is from an article from KSN news, found on the MSNBC network. A man is being charged with having child pornography for taking nude pics of a 17 year old girl, but it would be perfectly legal for him to have sex with the girl in question.


Here is a quote from the article:

"The ironic thing about this case is that, because the girl is 17-years old, she could legally consent to sex. The age of consent in Kansas is 16. The problem for French is that he couldn't take pictures of the girl. She had to be 18 to do that."


The complete article can be found here:

http://www.msnbc.msn.com/id/5895820/


Am I missing something or is this just strange?? /images/graemlins/confused.gif


Sly

[SlyAK]

nm

[flair1239]

Not sure... but I think age of consent is a law decided by the state; while the pornography law is a federal statute.

I think there is also a federal law regarding consent. For instance you could not take your 16yo girlfriend down to Tennessee where she would be legal, for the purpose of having sex that would be a violation of federal law.

But if you lived in Tennessee anyways, then you could go ahead.

[Usul]

Hypothetically speaking, what would happen if your girlfriend was say.... 15?

[jwvdcw]

I do concur that seems very strange and backwards from how it should be.

[SlyAK]

I know that age of consent laws are decided on a per state basis. Maybe the law for pornography is 18 in every state and is a nation-wide law like another poster thought. You would think that the age of consent would be 18 country wide as well then. I think that would be logical but what do I know?? /images/graemlins/confused.gif

An obvious exception would be the so called "Romeo and Juliet" laws. An 18 year old should not be punished for having sex with a 16/17 year old, but otherwise I dont think 40 year olds should be having sex with 16 year olds.....

Just a couple other thoughts on this somewhat contradictory law.

Sly

[Michael Davis]

I think people should be ostracized and perhaps executed for taking conjugal pleasures before they are married.

-Michael

[Six_of_One]

[ QUOTE ]
I think people should be ostracized and perhaps executed for taking conjugal pleasures before they are married.

-Michael

[/ QUOTE ]

Finally, a voice of reason.

[Wake up CALL]

[ QUOTE ]
Not sure... but I think age of consent is a law decided by the state; while the pornography law is a federal statute.

[/ QUOTE ]

The standard for pornography is local community standards, therefore the law violated in the case mentioned was local.

[ QUOTE ]
I think there is also a federal law regarding consent. For instance you could not take your 16yo girlfriend down to Tennessee where she would be legal, for the purpose of having sex that would be a violation of federal law.

[/ QUOTE ]

You are correct, the law is "The Mann Act" or 18 USCS @ 2421 (1994) @ 2421.



[ QUOTE ]
But if you lived in Tennessee anyways, then you could go ahead.

[/ QUOTE ]

Correct again.