Is &quot;Sabrina&quot; child pornography? Many years ago I recall hearing (can't exactly remember where/when, but I believe it had to do with a then still very young Brooke Shields) that "Child Pornography" laws applied, even if the actor/actress was actually over 18, but the character was NOT. Such that a 19 year old girl playing the part of a 17 year old would violate "Child Pornography" laws if they 'acted out' behaviors that would otherwise violate the law. Am I (potentially, for sure) misremembering, misunderstanding or have the laws changed? I ask this after reading an article regarding the new Netflix show ‘Chilling Adventures of Sabrina’ Which also brings up the possiblity that because it is 'streaming', the law doesn't not apply in this case (then why?).
That definition still applies, at least in federal law. Under 18 USC 2256: “child pornography” means any visual depiction ... indistinguishable from that of a minor engaging in sexually explicit conduct But the First Amendment limits its applicability in cases like Sabrina. In Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002), the Supreme Court held that the law violates free speech and was overbroad, with a lengthy discussion of the threats it posed to legitimate artistic works: Under the CPPA, images are prohibited so long as the persons appear to be under 18 years of age. 18 U. S. C. § 2256(1). This is higher than the legal age for marriage in many States, as well as the age at which persons may consent to sexual relations. ... It is, of course, undeniable that some youths engage in sexual activity before the legal age, either on their own inclination or because they are victims of sexual abuse. Both themes-teenage sexual activity and the sexual abuse of children-have inspired countless literary works. William Shakespeare created the most famous pair of teenage lovers, one of whom is just 13 years of age. See Romeo and Juliet, act I, sc. 2, 1. 9 (&quot;She hath not seen the change of fourteen years&quot;). In the drama, Shakespeare portrays the relationship as something splendid and innocent, but not juvenile. The work has inspired no less than 40 motion pictures, some of which suggest that the teenagers consummated their relationship. E. g., Romeo and Juliet (B. Luhrmann director, 1996). Shakespeare may not have written sexually explicit scenes for the Elizabethan audience, but were modern directors to adopt a less conventional approach, that fact alone would not compel the conclusion that the work was obscene. Contemporary movies pursue similar themes. Last year's Academy Awards featured the movie, Traffic, which was nominated for Best Picture. See Predictable and Less So, the Academy Award Contenders, N. Y. Times, Feb. 14, 2001, p. Ell. The film portrays a teenager, identified as a 16year-old, who becomes addicted to drugs. The viewer sees the degradation of her addiction, which in the end leads her to a filthy room to trade sex for drugs. The year before, American Beauty won the Academy Award for Best Picture. See &quot;American Beauty&quot; Tops the Oscars, N. Y. Times, Mar. 27, 2000, p. El. In the course of the movie, a teenage girl engages in sexual relations with her teenage boyfriend, and another yields herself to the gratification of a middle-aged man. The film also contains a scene where, although the movie audience understands the act is not taking place, one character believes he is watching a teenage boy performing a sexual act on an older man. Our society, like other cultures, has empathy and enduring fascination with the lives and destinies of the young. Art and literature express the vital interest we all have in the formative years we ourselves once knew, when wounds can be so grievous, disappointment so profound, and mistaken choices so tragic, but when moral acts and self-fulfillment are still in reach. Whether or not the films we mention violate the CPPA, they explore themes within the wide sweep of the statute's prohibitions. If these films, or hundreds of others of lesser note that explore those subjects, contain a single graphic depiction of sexual activity within the statutory definition, the possessor of the film would be subject to severe punishment without inquiry into the work's redeeming value. This is inconsistent with an essential First Amendment rule: The artistic merit of a work does not depend on the presence of a single explicit scene. See Book Named &quot;John Cleland's Memoirs of a Woman of Pleasure&quot; v. Attorney General of Mass., 383 U. S. 413, 419 (1966) (plurality opinion) (&quot;[T]he social value of the book can neither be weighed against nor canceled by its prurient appeal or patent offensiveness&quot;). Under Miller, the First Amendment requires that redeeming value be judged by considering the work as a whole. Where the scene is part of the narrative, the work itself does not for this reason become obscene, even though the scene in isolation might be offensive. See Kois v. Wisconsin, 408 U. S. 229, 231 (1972) (per curiam}. For this reason, and the others we have noted, the CPP A cannot be read to prohibit obscenity, because it lacks the required link between its prohibitions and the affront to community standards prohibited by the definition of obscenity. If the law were applicable to Sabrina, the fact that it's streamed wouldn't save it. 18 USC 2252A prohibits knowingly receiving, distributing, reproducing, advertising, promoting or presenting child pornography, &quot;by any means, including by computer.&quot;
&quot;Age of consent&quot; is a legal meme that refers indirectly to different criminal statutes, for example in Missouri under MO Rev Stat § 566.034, A person commits the offense of statutory rape in the second degree if being twenty-one years of age or older, he or she has sexual intercourse with another person who is less than seventeen years of age §023 also states that &quot;It shall be an affirmative defense to prosecutions under sections 566.032, 566.034, 566.062, 566.064, and 566.071, that the defendant was married to the victim at the time of the offense&quot;. MO Rev Stat §451.090 allows marriage with parental permission to those aged 16 and 17 (by prohibiting licensing of marriage to those younger) No recorder shall issue a license authorizing the marriage of any male or female under sixteen years of age nor shall a license be issued authorizing the marriage of any male or female twenty-one years of age or older to a male or female under eighteen years of age. Combining these legal parts, you get the result that a man may marry and impregnate a woman whom he could not legally have intercourse with (irrespective of pregnancy) were they not married. It just depends on what the specific law says.
Most place it isn't illegal, but unless the company has some good reason for asking (such as the ones that Nij outlines) then it might open them up to accusations of ageism. In other words, if they have no good reason for asking they would have difficulty explaining to a court why they wanted that information if it wasn't to facilitate age discrimination.
A teacher could not instruct students in how to build explosives for use in Federal crimes: It shall be unlawful for any person to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction [...] with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence (source) This Federal statute creates a law preventing the teaching (in any context, including schools) of bombmaking for the purpose of committing a federal crime. So &quot;bombmaking&quot; is one subject that cannot be taught, although I don't think that there have been any prosecutions of regular K12 teachers under this law.
Copyright almost certainly exists in the images, since presumably someone took those pictures and so they would own the copyright of those images. However, that doesn't mean you don't own the film, you just that don't own the copyright. You can have it developed to see what's there without copying the images. Just tell the developer you only want the film developed and for no prints to be made. If there's child pornography you could end up in a lot of hot water. While you'd be innocent of any crime, if the developer reports the images to the police you'll have to convince them that you had no idea what was on the film. It's extremely unlikely that there's anything untoward on the film however. I'd note however that unless the film is only a couple years old then it's likely the pictures have faded significantly. If it's ten or more years old, there might not be anything recognizable.
"As we know non-adults aren't allow to carry weapons" This is not something that we know or an obvious point. It is also not obvious that a knife would qualify as a weapon for these purposes. This would not be true in most jurisdictions in the world. I have no idea what knife control laws look like in China or Taiwan. A reference to why you think that this is the case would be helpful. Even if there are laws banning possession of knives (i.e. carrying knives) when one is in public for use as a weapon, it would be very surprising to me if teens weren't allowed to possess knives in a kitchen, or a work site where a knife was a necessary tool. It would similarly surprise me if a teen working on a knife design in a craftsman's workshop would be illegal. What makes you think that any of these things are illegal in China or Taiwan? This might have been illegal in Japan in the 1600s when metal blades were highly regulated (this is one of the reasons that most Japanese food is served with portions pre-cut to be bite sized), but I very much doubt that teen possession of knives for practical purposes is illegal in any of those places today. There is also, in general, nothing wrong with factories run by adults making knifes from other people's designs. They do that all the time and it wouldn't be illegal to do so just because the designer wasn't allowed to use the product of the factory in public. I would be surprised if a factory even asked how old the designer was, particularly if he was operating through a company formed for him (something an adult might have to do). The harder question would be whether the teen can enter into an enforceable and valid contract with a factory without having the co-signature of a parent or guardian. Many countries don't allow this so that the teen is not exploited into agreeing to a big contract on unfair terms. Also, many countries make a distinction between criminal acts committed by adults and the same acts committed by minors. A teen, particularly a young teen, may be under the relevant law, capable of only engaging in juvenile delinquency, rather than an adult felony. But, again, I don't know how this is handled in Taiwan or China. In general, the legal system in Taiwan strongly resembles that of the legal systems in Continental Europe not long after World War II (i.e. in the 1940s), with its own local developments since then. But, China's legal system is quite unique and is not very similar to the common law legal systems of England and former or current English colonies, or the civil law legal system of Continental Europe (or for that matter, Islamic law). China's legal system is different at the level of very deep concepts of legal process, of what is and isn't law, and of many core legal concepts. It also has piecemeal bits that are imposed by treaty even though they are not organically natural fits with the rest of the Chinese legal system (e.g. its intellectual property laws).
Defamatory and offensive are not the same “He is a child molester” is defamatory and illegal (unless he is, of course). “She is a two-faced f___ing b___h with the morals of an alley cat and the integrity of a politician” is offensive and legal. Neither is a crime.
People running web servers are generally liable for contributory culpability, when some user breaks the law by putting the material on the server. There are legal mechanisms for relieving the server guy from this burden. The best-known mechanism is "DMCA takedown", where you publish contact information so that an offended person can serve up a proper legal claim that you are distributing material that they own copyright to. If you follow the rules, you may enjoy "safe harbor" protection against contributory liability: one of the requirements is that you have to take infringing material down. The specific requirements can depend on the nature of the liability and jurisdiction, but generally involves a "hands off" involvement where the person has no knowledge of what's going on on his server. So just disclaiming responsibility does not work. There are other more serious violations, such as distribution of child porn or transmission of top secret information. Jurisdiction is not totally central to internet questions, and I could sue you (the server guy) in US courts, or (depending on the offense: copyright infringement of a particular item) in UK courts. Nailing this down specifically to Sweden is harder, but recall that The Pirate Bay had a whopping judgment against them.