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If anyone's interested in a bit of comparative law... Tim Send a noteboard - 29/01/2011 10:46:14 AM
Scotland just did a complete overhaul of the law on sexual offences, which came into effect on 1 December 2010. We now have specific offences of "coercing a person into looking at a sexual image" (no matter how old they are, if they don't consent), "causing a young child to look at a sexual image" (where "young child" = under-13) and "causing an older child to look at a sexual image" (where "older child" = aged 13-15 – this offence can only be committed by someone aged 16 or over). At 16 you are an adult in Scotland, but the age of criminal responsibility is 8. There are also three offences involving written or verbal communications, which have otherwise identical criteria. These are called "communicating indecently (with a young/older child)".

Interestingly, though, all of these offences are only committed if they are done for one of two purposes, namely: (a) obtaining sexual gratification, or (b) humiliating, distressing or alarming the recipient. So if you send a dirty picture to a 12-year-old girl, genuinely believing she will like it, and not for your own excitement, you don't commit the offence (provided, of course, that the jury believes you).

There are sundry other new offences created by the Act – anyone who's interested, see link below.

The names of these new offences are very unwieldy, but in my view it's much better than charging all such conduct as "breach of the peace", which is what used to happen. In modern times this caused legal problems as that crime was so loosely defined that it was impossible to know when it was committed. So they had to tighten the definition, but this ended up excluding things like giving porn to kids if there was nobody else around.

As for the point that a child taking a picture of himself naked is committing a crime by creating child pornography, this issue wouldn't arise here, because the relevant legislation (Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, sections 10-12) is worded "A person ('A') commits an offence if [he does certain things to] another person ('B')". So you can't be convicted of committing child abuse against yourself. Quite logically, in my view.
Vigilantibus non dormientibus jura subveniunt.

—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.

—La vie ? Neutre ? C'est très joli, et surtout très logique.
Sexual Offences (Scotland) Act 2009
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"Sexting" between two teenagers is a felony in Texas! - 29/01/2011 01:31:41 AM 696 Views
Because if they are under the age of consent, then they are minors. - 29/01/2011 01:43:11 AM 647 Views
Also a good point. - 29/01/2011 02:09:12 AM 552 Views
Is it being handled like statutory rape? - 29/01/2011 02:03:58 AM 499 Views
I don't believe it is just Texas - 29/01/2011 02:58:26 AM 545 Views
- 30/01/2011 06:42:57 AM 430 Views
You might find you get over being bugged when you have teenagers of your own - 31/01/2011 01:04:34 AM 444 Views
Hmm. - 31/01/2011 03:11:16 PM 511 Views
If anyone's interested in a bit of comparative law... - 29/01/2011 10:46:14 AM 727 Views
what about the person kids who recieves it? - 29/01/2011 03:20:04 PM 463 Views
Found some more info. - 29/01/2011 03:32:35 PM 440 Views
so if you are 15 and your girlfriend is 15 you can go to jail for having a picture of her naked? - 30/01/2011 05:27:38 AM 566 Views
Apparently so. - 30/01/2011 10:42:05 AM 595 Views

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