Comments on Advance Indiana™: This Is What I'm Talking About

Cato, expressing sexual curiosity and sending porn...

2011-04-14T14:43:29.701-05:00

Cato, expressing sexual curiosity and sending pornographic photos are NOT one in the same.

Indy4etc, whenever I think I can't stand what ...

2011-04-14T13:43:38.670-05:00

Indy4etc, whenever I think I can't stand what the Democrats are doing, along comes a Republican hate-monger such as yourself and reminds me that the greatest need the country has is to keep you police-staters out of office.

If you truly think that 15 year-olds need to be taught to exhibit sexual curiosity, you and the rest of you Republicans are truly developmentally clueless and sexually repressed.

Cato, once again your very sick mind displays abho...

2011-04-14T12:37:53.586-05:00

Cato, once again your very sick mind displays abhorrent thought. Perhaps your medication needs to be adjusted?

It is NOT human nature for children to do this, the behavior is learned. The behavior is one symptom of a lack of family values instilled in the child, and reflection on lack of parenting.

The opininon I drafted was Fordyce v. State. http...

2011-04-14T07:36:48.491-05:00

The opininon I drafted was Fordyce v. State.

http://scholar.google.com/scholar_case?case=11362954277489259650&q=indiana+pornography+constitution&hl=en&as_sdt=4,15

During my research on Issue 5, I urged the judge not to allow the enhancement to a felony based on fictional underage children in a novel. One of my arguments was based on that U.S. Supreme Court opinion which, as I recall, said that a person's prediliction toward child pornography was not enough to criminalize simple possesion of child pornography.

Then again, my memory could be wrong.

As I recall there is a U.S. Supreme Court decision...

2011-04-14T07:27:01.269-05:00

As I recall there is a U.S. Supreme Court decision out there that says possession of child pornography by itself is not a crime. It's illegal to sell it, illegal to obviously take the photos, etc., but simple possession is not illegal.

When I clerked at the Court of Appeals, I worked on a big obscenity opinion in which the person's obscenity conviction was enhanced to a felony because of selling child porno. But the child porno used as an enhancement were novels with only vague descriptons of the kids that suggested they were underage. I argued with my boss, the judge, that they shouldn't be able to enhance based on a novel where no actual children are involved. I think that was one of the few cases where the judge wouldn't agree to adopt my reasoining.

Uuhh, The boy wasn't charged with extortion, S...

2011-04-14T06:47:09.200-05:00

Uuhh, The boy wasn't charged with extortion, Shelley. Wasn't that the crime he allegedly committed.

"I'm not sure what possesses young people...

2011-04-14T06:46:22.595-05:00

"I'm not sure what possesses young people to take nude photos of themselves and distribute them to others electronically where they can easily be widely disseminated"

Really? You're not?

It's human nature. It's a survival instinct. Males and females have a strong desire to remove their clothes for the opposite sex. People want to be desired by the opposite sex to increase mating opportunities. It's hard-wired in us. The technology just unleashed what was always there.

Since 15% of girls now reach puberty by age 7, and since camera phones are increasingly common, don't expect this conduct to abate.

At their ages, years ago, they could have been married, and this matter is consensual, so it's not the place of the prison schools and the police state to intervene or meddle by demonizing sex and scarring these kids.

First comment I have is to thank the prosecutor re...

2011-04-13T22:41:46.475-05:00

First comment I have is to thank the prosecutor responsible for holding this person accountable for his crime! I have much more to say on this subject when I get over the people condemning! If it was your child, male or female, being exploited and/or blackmailed, I assume you would feel the same way? Convict the criminal act here,then look at what crime led to the person sending the nude photos. There could be more charges against the original offender or others.

I think the law is fine. The problem in this matt...

2011-04-13T20:38:31.886-05:00

I think the law is fine.

The problem in this matter is with prosecutorial discretion!!! First, let's just consider the venue...PORTER COUNTY. What is that county infamous for???

I think I smell politics in this matter.

Is the prosecutor of Porter County likely a friend of someone involved here, and "taking care" of someone? I don't think any rational person believes charges are appropriate in this matter.

Now, here in Marion County, our Juvenile Court exercised a Judicial Monarchy, whereby the Court is the prosecutor and court all in one. The Marion County Juvenile Court is likely violating the constitution by exercising the role of both executive and judicial branch, determining on it's own what charges the prosecutor can file...and that is why Marion County is so violent!