Reply #194: There is no good justification... [View All]

[MellowDem]

so no, he shouldn't be jailed.

Will jail make him better? Nope, will probably have the opposite effect.

Will it deter others? Nope.

Is he a danger in society? Not from this, nope.

Really, they're going to have a hard time proving any sort of mensrea for this guy. Usually you have to have some sort of intent for this serious of a crime to be charged.

He might not have even broke any laws if the statute requires "knowingly" sending nude pictures to a minor.

Just look at the standard of whether a resonable person would have thought of the girl as being of legal age. Though some states have strict liability, and if you break the law without intent and based on a reasonable perception, you're still screwed. And some states apply strict liability to such things as child porn or statutory rape, with the reasoning that such harsh and unfair sentancing will put society on notice for these crimes which are considered the worst of the worst. Doesn't seem to work if you ask me though.