I think in regards to this incident the biggest question is why are these laws in place and not necessarily if there is another law to circumvent what happened (although if you are or will be a lawyer in the forseeable future cudoes to you).
Of course there are some underlying, albiet debatable, truths and intuitive reasons why people should not do things such as child molestation. In this case some obvious reasons that pop out at you probably are you are taking advantage of a minor (taking advantage was the key word; i.e. statutory rape; other words that come to mind are manipulation or deciet in reference to a childs understanding of the situation).
Although, in my opinion though this law has some credibility (i.e. as seen above or even as mentioned in another members post, "as not supporting child pornography industries) really any laws such as this or similar to this are actually indicative to what is socially acceptable. People think its gross so its outlawed. Ex. We think cloning is not socially or morally acceptable (although also for credible reasons) so its outlawed.
However, where do we really draw the line. Linearly thinking one could deduce tricking young women (or men even for that matter) in to having sex with them is bad. However, guys on a daily or even every second are trying to figure out how to get into a girls (adult) pants. When the girl finds out that guy just used them people get pissed. Similarly, one could say this is like tricking a child into sex. People are pissed and some one got screwed. So why isn't it agaisnt the law in this case? (or do we just feign rape?).
Answer: no idea?
Then again, going back to the main topic of owning material depicting child pornography, the question I suppose stems back to is this socially acceptable (and then we can out law it?).
Like what others have been posting, why don't we ban any movies or material depicting murders? What about movies which have rapist and murders in them such as 'Kiss the Girls' (a best selling novel before made into a movie)?
The answer: in my opinion is social accepability.
Other examples that hit closer to the issue are that of incest and beastiality (although the latter not being an actual issue in this case). Both socially unacceptable so... outlawed (and yes I do realize incest causes genetic problems / retardation; thats not the point). Beastiality marginally questionable under animal curelty but mostly people don't want any marterial of or depicting beastiality becuase, really it offends people.
So now on to the hard (or easy, depending on how you look at it) question. Should this guy be punished though incarseration (where he will likely be raped in jail)?
The Answer: in my opinion no, not unless he is preforming these acts in his free time
But then again to delve deeper into the issue of social acceptability. If we can watch murders or write about them or even rape for that matter where do we stand before its too graphic in nature? Or more simply stated what is tasteful (or ?artistic?)?
The Answer: another question
Question: do you want material floating about with people engaged in sexual acts with animals?
Personally, not really. So if you said something or even thought something along the lines of no (including this is questionable to me). Then you too have done what eveyone else has done to a aleged piece of material depicting child pornograph. So in essence you have contributed to forming where these social qualms come from.
In retrospect in hentai where all maner of animal / alien / demon / ghost / unidentified tentacle rape people is allowed to be produced and sold in North America then why not this material which is a whole lot less questionable and lewd.
So what I find disturbing is not necessirily that this happened but how is the ruling nearly as strict as the minimum for murder (25 years as I recall). [Either that or I have to accept this is just to fanciful and has beome an April fools joke]
Overall, though I think social perception is the main cause of these issues (and sometime ipso facto the creation of laws againt these thing). I also think that it also boils down to maturity and comfort level. The question is can you be mature enough even when uncomfortable to accept something for what it is? Further more where do we draw that line? OR is the question how comfortable are you with child pornograph that you are willing to do something/nothing about.
And that was my rant (no really. it was a rant).
Edited by Finder_Seraph, 03 April 2009 - 08:38 AM.