Difference between revisions of "Talk:18 USC § 1470"
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The statute says "knowingly transfer". I'm no lawyer but I think this means they have to intend the content be delivered directly to someone under the age of 16. Just posting it here, while wrong, probably doesn't meet the requirements of the code. Also, I'd consult with a criminal lawyer before posting threats of legal action. [[User:Jrssr5|Jrssr5]] 11:04, 14 March 2007 (EDT) | The statute says "knowingly transfer". I'm no lawyer but I think this means they have to intend the content be delivered directly to someone under the age of 16. Just posting it here, while wrong, probably doesn't meet the requirements of the code. Also, I'd consult with a criminal lawyer before posting threats of legal action. [[User:Jrssr5|Jrssr5]] 11:04, 14 March 2007 (EDT) | ||
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| + | : "Knowingly" imports a criminal ''mens rea'' requirement of recklessness or higher, so I don't know if posting here would support a conviction. Andy's the lawyer though, so I'd love to know if I'm wrong on the ''mens rea'' thing. It'd help me on exams ;-)--[[User:AmesG|AmesG]] 11:13, 14 March 2007 (EDT) | ||
== Obscene material is not profanity == | == Obscene material is not profanity == | ||
Revision as of 15:13, March 14, 2007
There's some fun Commerce Clause jurisprudence on this statute, isn't there, I think one of the parties is X-Citement Video, but I can't find it in my briefs...--AmesG 23:37, 13 March 2007 (EDT)
Was that a pun? --Scrap 05:16, 14 March 2007 (EDT)
The statute says "knowingly transfer". I'm no lawyer but I think this means they have to intend the content be delivered directly to someone under the age of 16. Just posting it here, while wrong, probably doesn't meet the requirements of the code. Also, I'd consult with a criminal lawyer before posting threats of legal action. Jrssr5 11:04, 14 March 2007 (EDT)
- "Knowingly" imports a criminal mens rea requirement of recklessness or higher, so I don't know if posting here would support a conviction. Andy's the lawyer though, so I'd love to know if I'm wrong on the mens rea thing. It'd help me on exams ;-)--AmesG 11:13, 14 March 2007 (EDT)
Obscene material is not profanity
It refers to using mail to send X-rated materials to minors, not posting bad words on a free-use website.
- You're wrong. 18 USC 1470 is applied to the internet, and whether the website is "free-use" or not is irrelevant.--Aschlafly 00:46, 14 March 2007 (EDT)