• BrianTheeBiscuiteer@lemmy.world
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    3 hours ago

    It’s not a gray area at all. There’s an EU directive on the matter. If an image appears to depict someone under the age of 18 then it’s child porn.

    So a person that is 18 years old, depicted in the nude, is still a child pornographer if they don’t look their age? This gives judges and prosecutors too much leeway and I could guarantee there are right-wing judges that would charge a 25yo because it could believed they were 17.

    In Germany, the majority of suspects in child porn cases are minors. Valuable life lesson for them.

    Is it though? I don’t know about the penalties in Germany but in the US a 17yo that takes a nude selfie is likely to be put on a sex offender list for life and have their freedom significantly limited. I’m not against penalties, but they should be proportional to the harm. A day in court followed by a fair amount of community service should be enough of an embarrassment to deter them, not jail.