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Can you get arrested for watching porn if you'r...
Asked in Shakopee, MN | Oct 9, 2018
I just want to know before i doing
any bad thing coming up or i can help other people and friend because i remenber one of my very old friend said it okey to watch if you are under 18yr old?
"Stuck in a legal jam? I am experienced, determined, and can deliver the results you need! Call for a free consult (952) 260-0649"
No. There isn’t any likely violation unless the materials are contraband.
1 found this answer helpful found this helpful | 1 lawyer agrees
I think you're going to be fine. You are part of a group of 100% of teenagers who engage in this type of conduct. The laws are focused on the ages of the actors and the ages of people buying pornography. If an underage person purchases pornography, the seller is violating the law. I would say the law is not your first concern.
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"Over 30 years of experience in aggressive and proven criminal defense. Call now! (612) 712-1379"
I may be mistaken, but as long as the "models" are of age I doubt any charges would be brought. At least I hope so, or pretty much every red blooded American 13 year old boy is going to have a criminal record for looking at dad's Playboys. It may differ depending on the content.
Robert D. Kane, Jr. Esq. Licensed in CALIFORNIA (based in City of Orange, Orange County;) and MINNESOTA (based in Eagan, Dakota County.) State and Federal Courts My answers are for general information only and not legal advice. My answers should not be relied on as specific legal advice. Much more information would most likely be needed for a legal opinion. My answers are based on Minnesota or California law as appropriate. I am only licensed in California and Minnesota. I provide legal advice and counsel during the course of an attorney-client relationship only. This relationship is established by a written agreement and a retainer (unless otherwise agreed upon.)
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There is nothing criminal about accessing or watching pornography unless there are underage individuals depicted in the porn.
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Good question. You says you 'want to know what you are doing'. So you know there is more than one kind of law and not all that is permissible or lawful in USA civil or criminal law is right or good or moral, or just and fair fyi. All intelligent and educated men and women, and teen boys and girls, with whom I am friends & family & otherwise associate have nothing whatsoever to do with consuming porn & they speak out about the issue. When you think of 'porn', do not think 'fun': Think of the truth: The porn industry includes human trafficking of teen girls, women, little girls, tots & babies, and a much smaller number of males, men, teen boys, tots & babies. When you choose to mess around online to view 'porn' count on it that you will be viewing people who are under the influence of drugs, predominantly females, some of whom are being held against their will and drugged by the kidnapper-predators, and that 'fun' you think you are seeing is fake - why? Aim to take your money, of course, and have you be another dumbo sheep. The porn industry is organized crime, drugs and drugging of people, teens, adults & tots and babies, rampant drug addiction, and the horrific worldwide issue of ongoing & escalating human trafficking. The way to do good and what is right and moral, and of what God Wants, assuming you know God, is to speak out about pornography and you not be a 'consumer' of the trash. Remember the principle, too, 'Garbage in = Garbage out', too. We are what we choose to do. As but a few EGs, remember trash like cigarettes and alcohol and some horrid illicit drugs are deemed 'legal' but legal under civil and criminal law does not mean moral or good or right. When you think of 'porn', think human trafficking, victimization, drug addiction, harm, subjugation of female teen girls, women, and tots & babies & a lesser no. of males (incl' tots & babies) and think people being forcibly drugged or made into addicts, prostitution of teens and adults, etc., some parents selling their kids' bodies, some people being held against their will, think teen and adult prostitution, think pedophiles & perversion - that is the reality. Again, all men and women who are learned and intelligent also loudly speak out against porn. It's easy to get educated and become aware, EG, google terms such as 'human trafficking' and 'trafficking of child, babies'. TY for your excellent question!
TRICIA DWYER, ESQ. LICENSED IN MINNESOTA. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
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Why did one teenager face 90 years in jail for viewing porn?
Jan. 12, 2007— -- Sixteen-year-old Matthew Bandy was about as normal a teenager as you could find. He actually liked hanging out with his family.
"He was a happy-go-lucky kid," said his mother, Jeannie Bandy. "Very personable, and big-hearted. I sound like a boastful mom, but I guess the biggest thing is that he could always make me laugh."
"We went on vacations and had a lot of fun together," Matthew said. "I just enjoyed the life I was living. But after I was accused, everything changed."
What was Matthew Bandy accused of? Jeannie and Greg Bandy were shocked to discover that their son was charged with possession of child pornography.
One December morning two years ago, Matthew's life took a dramatic turn. In an exclusive interview with "20/20," the Bandy family reveals how the world as they knew it came crumbling down, and how Matthew's life has since changed.
It has been two years since police officers stood at the doorstep of the Bandy home with a search warrant bearing a devastating charge -- possession of child pornography.
"It was 6 a.m. It was still dark…there was this pounding at the door," Jeannie Bandy said. "I was petrified."
Police officers stormed into the house with guns pointed. "The first thing I thought was, someone's trying to break in our house," Matthew said. "And then there [were] police officers with guns pointed at me, telling me to get downstairs."
Greg Bandy was handed the search warrant and informed that the central suspect was Matthew. According to the warrant, nine images of young girls in suggestive poses were found on the Bandy family computer. Yahoo monitors chat rooms for suspicious content and reported that child porn was uploaded from the computer at the Bandys' home address.
"When they asked me have you ever looked up or uploaded or downloaded erotic images of minors, I was just taken aback and…I said, 'No,'" says Matthew.
Nevertheless, Matthew did have an embarrassing confession. He had been sneaking peaks at adult erotic photos on the family computer. "I got the Web site from a bunch of friends at school. [It was] just adult pornography…Playboy-like images."
Difficult to admit, but not illegal -- or so it seemed. Still, it didn't look good for Matt, as police confiscated the computer and left the house that December day. A family was shattered.
"I still remember when they were cleaning up and leaving and of course I was still in my pajamas and my bathrobe and my fuzzy slippers," Jeannie Bandy said. "I said, 'What do we do now? Should I contact a lawyer?' [The police officer] said, 'Well, they are felonies that the state takes very serious.'"
The Bandys would soon find out just how serious the charges against Matthew were. The family hired Ed Novak, a well-respected attorney from a large law firm in downtown Phoenix.
"20/20" correspondent Jim Avila asked Novak what the family was up against.
"We faced 10 years per count, there were nine counts," said Novak. "If Matt was convicted, those sentences would have to be served consecutively. In other words, he would have been sentenced to 90 years in prison. He would have served time until he died."
Greg and Jeannie Bandy knew their son well. They were shocked at the serious charges against him and frightened by the prospect of such a serious sentence.
"He's never done any drugs," Greg said. "He never drank a drop of alcohol. He's never been a problem, never stayed out late and gotten into trouble or anything like that."
Arizona child pornography laws are among the harshest in the country. As soon as Matthew was charged, he was put on virtual house arrest, and an electronic bracelet was attached to his ankle to monitor his movements 24 hours a day.
"It was just terrifying. I didn't know what was going on. I didn't know why it was happening," Matthew recalled.
Matthew was in an awful predicament, and he tried to keep his house arrest a secret. He wore longer pants to hide the ankle bracelet, but he was scared he would be discovered.
"Yes, I was very scared," he said. "If they found out that I was wearing an ankle bracelet all of a sudden they would be wondering, why are you wearing that? And I had no good answer for them."
The shy young boy could not explain how such pictures appeared on his computer hard drive. The stress of the situation got so bad for Matthew that he told his parents the charges hanging over his head made high school impossible.
"He said 'Mom, I'm hurting,'" said Jeannie. "'I can't sleep. I don't want to disappoint anybody, but I just can't go on anymore.'"
Matt's dreams had been destroyed and his mother was crushed. And even though there was no proof that Matthew personally downloaded those nine pictures, it would be difficult to prove his innocence. Novak said that the pictures alone were practically all the evidence the police needed.
"I thought his chances of winning were probably 20 percent," said Novak.
"They didn't care that I denied it," Matthew said. "They just kept on asking me and kept on thinking that I did it. They just had it built into their mind that this kid is guilty."
What is so frightening about Matt's case? It could happen to anyone.
"The computer had accessed a 'Yahoo' account where there was child pornography," Andrew Thomas, Maricopa County district attorney said. "That was the basis for the search warrants issued by a court."
Yet, the evidence submitted by the Phoenix police department did not identify a specific user. Matt's clean reputation, his good grades and protective family could not stand up to the cold fact that child porn was on that computer. The police and the district attorney had the incriminating photos from the Bandys' computer and the prosecutors were determined to send Matt away.
Matthew Bandy found himself outmatched in the national campaign against child pornography -- harsh laws designed to keep track of pedophiles and punish them severely.
"They didn't care that I denied it, they just kept on asking me and kept on thinking that I did it," he said. "They just had it built in their mind that this kid is guilty, and we're going to make sure that he's convicted. No matter what the means are."
The Bandy family contends that Thomas was on a mission and that his desire to convict was so strong that he ignored important evidence -- like the fact that Matthew passed a lie detector test. The fact that the test indicated that Matt was telling the truth wasn't taken into account.
And that's when the Bandy family really began to fight back. They hired two polygraph examiners who confirmed Matthew was telling the truth. Then they ordered two psychiatric evaluations which concluded that Matthew had no perverted tendencies.
ABC's Jim Avila asked Thomas about the results of the lie detectors tests and Matt's psychiatric evaluations.
"Quite frankly, criminal defendants are not famous for being forthcoming with the facts," Thomas explained. "I'm not a big believer in polygraph tests. And certainly, they're not admissible in court. At the end of the day, we certainly felt there was a good faith reason to go forward with the prosecution." (Click here to read excerpts of Jim Avila's interview with Thomas.)
Despite the positive polygraphs and psychiatric exams, the district attorney pressed on. So the Bandys and their attorney tackled the most difficult question on the table. If Matthew didn't put the pictures on the computer, how did they get there?
For that answer, they turned to computer forensic expert Tammi Loehrs.
"If you have an Internet connection, high speed, through, let's say, your cable company, or through the phone company, that computer is always on, and basically you have an open doorway to the outside," Loehrs said. "So the home user has no idea who's coming into their computer."
Loehrs went into the Bandys' computer and what she found could frighten any parent -- more than 200 infected files, so-called backdoors that allowed hackers to access the family computer from remote locations, no where near Matthew's house.
"They could be on your computer and you'd never know it," she said.
Loehrs says she does not believe that Matthew uploaded those images onto his computer "based on everything I know and everything I've seen on that hard drive."
But police still had those pictures, and the harsh child porn laws made going to court risky for Matthew.
"All the jury would know is that there were these images on the computer," Matthew said. "And here's me sitting in the courtroom…let's blame him because he was on the computer, obviously he did it."
Even if he was only convicted on one count, Matthew would have faced 10 years in jail, and have his "life ruined," said Novak.
"We had no faith," said Jeannie Bandy. "Our lawyers had no faith. We were told he more than likely would end up in jail."
So the Bandys took a deal from the prosecution. In exchange for dropping all counts of child pornography, Matthew pleaded guilty to the strange charge of distributing obscene materials to minors -- a "Playboy" magazine to his classmates.
"To be precise, he was charged with showing [a Playboy magazine to other 16-year-olds] before school, at lunch and after school," Greg Bandy said.
But the Bandy family nightmare was not over. While the prosecution deal offered no jail time for Matthew, he would still be labeled a sex offender. Under Arizona law and in most states around the country, sex crimes carry with them a life of branding. Matthew would be forced to register as a sex offender everywhere he lived, for the rest of his life.
"I have to stay away from children," said Matthew. "I cannot be around any area where there might be minors, including the mall, or the movies, or restaurants or even church. To go to church I have to have written consent from our priest, I have to sit in a different pew, one that doesn't have a child sitting in it."
The judge couldn't believe the prosecution was insisting on sex offender status and invited Matthew to appeal. "20/20" was there when two years of fear and misery finally ended. A message arrived from the judge, ironically on the computer, informing them that Matthew would not be labeled a sex offender. Matt and his parents had won his life back.
In the den of the Bandy home sits the family computer, now unplugged from the Internet. The Bandys learned that, for them, the Web is simply too dangerous.
"It means that computers are not safe," said Jeannie. "I don't want to have one in my house. Under even under the strictest rules and the strictest security, your computer is vulnerable."

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