Illegal Teen Nudist
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I went to a nudist site online, and there were...
Asked in Wilkes Barre, PA | May 6, 2014
I think there is nothing wrong with the adult body, but I feel that there are too many creeps out there that are going on these nudist sites to look at children. This should be illegal if it is not already. Should I report this to law enforcement?
First, I agree with my fellow attorneys. If you suspect a crime, report it. But, before you do, well, there are a couple of things that bear mentioning.
Now. you very innocently refer to this as a "nudist site." Most of the rest of us refer to it as pornography or porn for short. That sounds less innocent.
Laws may vary from jurisdiction to jurisdiction, but it is a fair bet that if you downloaded or shared any of the "nudist" photos, you are likely to be investigated as well. So, if you searched some terms that perhaps you regret or clicked on an inappropriate pic by innocent mistake, know that this may confuse the authorities into assuming that you committed a crime.
Just something to keep in mind.
0 found this answer helpful found this helpful | 2 lawyers agree
If you have a concern, you should certainly bring it to the attention of law enforcement. They will take it from there. The world wide reach of the internet provides interesting jurisdictional problems which may preclude action. The best thing you can do is to monitor your own children's on-line activity and hope other parents are showing the same judgment as you.
This answer does not establish an attorney client relationship and is just my opinion based upon the limited facts presented.
0 found this answer helpful found this helpful | 5 lawyers agree
Report all suspected crimes to the police.
0 found this answer helpful found this helpful | 5 lawyers agree
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While child pornography is illegal in a majority of countries, there is substantial variation in definitions, categories, penalties, and interpretations of laws. Differences include the definition of "child" under the laws, which can vary with the age of sexual consent; the definition of "child pornography" itself, for example on the basis of medium or degree of reality; and which actions are criminal (e.g. production, distribution, possession, and/or downloading and viewing of material).[1] Laws surrounding fictional child pornography are a major source of variation between jurisdictions; some maintain distinctions in legality between real and fictive pornography depicting minors, while others regulate fictive material under general laws against child pornography.
Several organizations and treaties have set non-binding guidelines (model legislation) for countries to follow. While a country may be a signatory, they may or may not have chosen to implement these guidelines.
At least 2 major treaties are in place with 1 "optional protocol" to combat child pornography worldwide. These are considered International obligations to pass specific laws against child pornography which should be "punishable by appropriate penalties that take into account their grave nature". The first of these treaties has to do with The Council of Europe's Cybercrime Convention, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, and the EU Framework Decision that became active in 2006. These required signatory or member states to criminalize all aspects of child pornography.[4] The second involves the United Nations which established Article 34 of the United Nations Convention on the Rights of the Child (UNCRC). This stated that all signatories shall take appropriate measures to prevent the exploitative use of children in pornographic performances and materials. An optional protocol was also added that requires signatories to outlaw the "producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes" of child pornography.[5] Some of the negotiations and reviews of the process took place at the World Congress against Commercial Sexual Exploitation of Children held in 1996 and 2001.[6]
While laws criminalizing child sexual abuse now exist in all countries of the world,[7][8] more diversity in law exists on issues such as the exact minimum age of those depicted in pornography, whether the mere possession of child pornography should be a crime, or whether sentences for such possession should be modified. Convictions for possessing child pornography also usually include prison sentences, but those sentences are often converted to probation for first-time offenders.[4]
In 1999, in the case of R. v. Sharpe, British Columbia's highest court struck down a law against possessing child pornography as unconstitutional.[9] That opinion, written by Justice Duncan Shaw, held, "There is no evidence that demonstrates a significant increase in the danger to children caused by pornography", and "A person who is prone to act on his fantasies will likely do so irrespective of the availability of pornography."[10] The Opposition in the Canadian Parliament considered invoking the notwithstanding clause to override the court's ruling.[11] However, it was not necessary because the Canadian Supreme Court overturned the decision with several findings including that viewing such material makes it more likely that the viewer will abuse, that the existence of such materials further hurts the victims as they know of its existence, and that the demand for such images encourages the abuse.[12]
In the United States, some federal judges have argued that the U.S. Sentencing Guidelines' recommended penalties for possessors of child pornography are too harsh.[13] Judge Jack B. Weinstein of New York criticizes the mandatory sentence for possession of child pornography as often higher than the penalty for actually committing the act of child abuse it depicts. Furthermore, child pornography prosecutions have led to dozens of suicides, some of them among the innocently accused.[14] The requirement that people convicted of possessing child pornography pay restitution has been criticized by some judges and law professors. This has been particularly controversial in cases involving millions of dollars of restitution, as in those pertaining to the Misty Series.[15] But in 2010, the US Ninth Circuit Court of Appeals ruled that restitution directly to depicted minors was an appropriate penalty for possession of child pornography.[16]
During the nomination process at the 2008 Libertarian National Convention, anarcho-capitalist and U.S. presidential candidate Mary Ruwart came under fire for her comment in her 1998 book, Short answers to the tough questions, in which she stated her opposition not only to laws against possession of child pornography but even against its production, based on her belief that such laws actually encourage such behavior by increasing prices.[17] Shane Cory, on behalf of the minarchist United States Libertarian Party in his role as executive director, issued a response saying, "We have an obligation to protect children from sexual exploitation and abuse, and we can do this by increasing communication between state and federal agencies to help combat this repulsive industry. While privacy rights should always be respected in the pursuit of child pornographers, more needs to be done to track down and prosecute the twisted individuals who exploit innocent children." Cory resigned after the party refused to vote on a resolution asking states to strongly enforce existing child porn laws.[18]
Fictional child pornography: This tag assumes the sale, production, and distribution of fictional child pornography is illegal (de jure) by default unless stated otherwise.
Possession: Possessing (including simple possession) is illegal (de jure) for both fictional and real child pornography by default unless stated otherwise.
Fictional child pornography: This is used when fictional child pornography is not clearly defined by law, or for countries which define what parts are legal/Illegal.
Possession: If only fictional child pornography is legal, then by default possession of it is legal as well. This also covers partly legal and unenforced situations.
Possession: No restrictions are in place.
The status of the law is unknown, this may change with additional sourcing.
Child pornography is illegal in Algeria by any means, and is punishable with prison sentences from two months to two years as well as fines up to DZD 2,000 ($18).[19][20]
Article 184 of the Angolan penal code prohibits the production, transport and sale of sexually explicit material involving a child.[21] The law does not include simple possession or mention fictional material.[22]
The Child Code prohibits child pornography including possession and simulated images. Persons convicted of child pornography face sentences of two to five years’ imprisonment and fines ranging from two to five million CFA francs ($3,610 to $9,025).[1]
Possession of child pornography is illegal in Botswana, and punishable with between 5 and 15 years' imprisonment.[23][24]
Child pornography is illegal in Burkina Faso, but not clearly defined. Mere possession, simulated representations, or realistic images of a non-existent child are not criminalized.[25][26]
Child pornography is illegal in Burundi and punishable by fines and between 3 and 5 years in prison.[27] Possession of child pornography is not criminalized.[28]
Producing, possessing, or distributing child pornography is illegal in Cameroon with punishments of 5 to 10 years of imprisonment and fines from 5 million CFA francs to 10 million CFA francs.[20][29] Virtual child pornography (“realistic” images) and a person “appearing” to be a child are also punishable conducts.[30]
Cape Verdean law prohibits the use of children under age 18 in pornography, with penalties for conviction of up to three years’ imprisonment.[1][31]
No laws in the Central African Republic prohibit child pornography.[32]
Article 362 of the Penal Code 2017 of Chad criminalizes the production, distribution, importation, exportation, supply, making available, sale, obtaining or handing over to others, possession of any material.[1]
Conviction of child pornography is punishable in Comoros by fines or imprisonment.[33]
The Democratic Republic of the Congo's penal code prohibits child pornography by any means whatsoever. Those convicted face 10 to 20 years imprisonment.[1][34]
Child pornography in the Republic of the Congo is punishable by Article 66 of the Law on the Protection of the Child of the Republic of Congo (Law No. 4-2010). This law makes possession illegal, but does not mention anything fictional.[1]
All forms of pornography are prohibited.[35]
While all forms of pornography are prohibited, Egyptian laws do not specifically define or prohibit child pornography.[36][37]
No laws in Equatorial Guinea prohibit child pornography.[38]
Child pornography is illegal in Eritrea, however this law does not mention possession or anything fictional.[39]
Practices related to child pornography are illegal in Eswatini with strong penalties for those convicted.[40]
Ethiopian law is limited to displays of simulated sexual intercourse by a child and exhibiting a child's genitals. This law regarding real or fictional child pornography is broad with no clear definition on what is enforced.[41]
All forms of pornography are prohibited.[42]
Child pornography is illegal in the Gambia and punishable by up to 5 years in prison. Mere possession of "child sexual abuse materials" is not criminalized.[43]
Child pornography is illegal in Ghana, but no clear definition is given on what “sexually explicit conduct” means leaving the law open for discretion.[44] Virtual child pornography (“realistic” images) and a person “appearing” to be a child are also punishable conducts.[30]
While child pornography remains illegal in Guinea, the law is "generally unenforced".[45][46]
Child pornography is illegal in Guinea-Bissau, but possession and distribution are not criminally prohibited.[47][48]
The law in Ivory Coast prohibits the use, recruitment, or offering of minors for commercial sex or use in pornographic films, pictures, or events.[49]
All forms of pornography are prohibited.[50]
Child pornography is illegal in Lesotho, and is punishable by not less than 10 years’ imprisonment.[51]
Child pornography is illegal "in any form or manner" and is punishable by up to five years' imprisonment.[1][52]
No data is available regarding child pornography in Libya.[53] The Second Libyan Civil War had complicated efforts to get an accurate assessment.
Article 346 of the Penal Code of Madagascar criminalizes the use of “any means” to disseminate child pornography.[1] Officials have stated that the laws were often not uniformly interpreted or applied.[54]
Although laws in Malawi do not clearly define child pornography, it criminalises possession with a sanction of 14 years’ imprisonment. This covers any visual depiction, including any photograph, film, video, image, whether made or produced by electronic, mechanical, or other means.[55]
Penalties for conviction of indecent assault, including child pornography, range from five to 20 years in prison.[56]
Possession of child pornography is illegal in Mauritania with penalties of 2 months to 1 year in prison and a fine.[57]
While child pornography is illegal in Mauritius, the law allows the offender to present a defense when it comes to distribution or possession. It is pointed out by ECPAT that this could lead to a restriction in bringing offenders to justice.[58][59]
Morocco
(including Western Sahara)
All forms of pornography are prohibited.[60][61] However, there are no regulations when it comes to using children in illicit activities in Western Sahara.[62]
Child pornography is illegal in Mozambique but is only partly enforced.[1][63]
Production and possession of child pornography is illegal in Namibia.[64]
Child pornography is illegal in Niger.[65]
The Child Rights Act makes child pornography illegal in Nigeria, but not all states have implemented it.[66] Virtual child pornography (“realistic” images) and a person “appearing” to be a child are also punishable conducts.[30]
Child pornography is illegal in Rwanda, and convictions are punishable by life imprisonment along with a substantial monetary fine.[67] The law also applies to "objects of sexual nature" which includes the production of writings and drawings.[68]
Child pornography is illegal in São Tomé and Príncipe per article 180 of the penal code.[1][69]
All forms of pornography are prohibited.[70][71]
Producing or possessing child pornography is illegal in Seychelles, with imprisonment for conviction of up to 20 years.[72]
Child pornography is illegal in Sierra Leone ("includes other visual representation") punishable by a term of imprisonment of not more than 10 years.[1][73]
No laws in Somalia criminally prohibit child pornography.[74]
All forms of child pornography are illegal in South Africa. This includes possessing, creating, or importing any image or description of a person "real or simulated".[75][76]
All forms of pornography are prohibited.[77]
All forms of pornography are prohibited.[78]
All forms of pornography are prohibited.[79]
Child pornography is illegal in Togo by any means whatsoever, and is punishable by 5 to 10 years in prison.[1][80]
All forms of pornography are prohibited.[81]
All forms of child pornography are prohibited.[82]
Child pornography is illegal in Zambia but is not defined.[83][84]
Child pornography is illegal in Zimbabwe as anyone in possession can be charged with public indecency which is punishable by a 'small fine", imprisonment up to 6 months, or both.[85]
Child pornography is illegal in Afghanistan per their penal code: “[i]f an adult male has intercourse with a person younger than the legal age, his act shall be considered rape and the victim's consent is invalid.” This law also applies to women offenders who may be additionally charged with adultery.[86]
Child pornography is illegal in Armenia and punishable by up to 7 years in prison.[87]
All forms of child pornography are illegal in Azerbaijan, but laws regarding simple possession are not stated.[88][89]
Child pornography is forbidden in Bahrain, its legally unclear if this applies to non electronic possession or fictional forms.[90][91]
Child pornography is illegal in Bangladesh except for virtual forms which are not addressed.[92]
Child pornography is illegal in Bhutan as it falls under "obscene material". Virtual child pornography, and mere possession are not addressed.[93][94]
All forms of pornography are prohibited.[95]
All forms of pornography are prohibited in Cambodia, which includes photographs and drawings.[96]
All forms of pornography are prohibited with the exceptions of Hong Kong and Macau, which only make child pornography illegal.[97][98]
Child pornography is illegal in Cyprus with maximum sentences of up to life in prison.[99]
All forms of pornography except fictional are prohibited.[100][101]
All forms of pornography in Indonesia are prohibited in theory. The law makes no clear definition of child pornography and its forms.[102]
All forms of pornography are prohibited.[103]
All forms of pornography are prohibited.[104]
All forms of child pornography are illegal in Israel. This includes possession and fictional depictions.[105]
Simple possession, production, and distribution of child pornography is illegal in Japan.[106][107] Fictional child pornography such as Lolicon, and Shotacon are excluded from the law. These fall under "cultural and artistic activities" which are protected by freedom of expression.[108]
Child pornography is not explicitly define
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