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To: spectre
But it's a little to late at this point. What I don't understand is if it's CHILD porn why isn't it a felony?
161 posted on 03/07/2002 9:27:03 AM PST by Jaded
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To: Jaded;scholar
Jaded, I don't know the answer to that. We've got some lawyers who follow this thread. What seems to be conflicting is if he really had CHILD porn or not?

Scholar, It's strange that no one is mentioning the Castro case or how he got into the house at 3:30 am to take her? We need to know how he did that, and if it could be connected to Danielle's abduction. Maybe they are keeping quiet on purpose....maybe not. I see this man as a qualified suspect in Danielle's abduction, same MO...

sw

167 posted on 03/07/2002 9:59:55 AM PST by spectre
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To: Jaded
I guess your question should be directed to your legislators. I hope you do ask. I've just looked it up and seen that in Florida it IS a felony, punishable by up to 5 years in prison, Thank Heavens. In California, you get, so to speak (though not literally), one free possession of child pornography. That is, your first possession is a misdemeanor, but your second is a felony. Here's the exact California statute:

§ 311.11. Possession or control of child pornography; Persons previously convicted guilty of felony

(a) Every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, the production of which involves the use of a person under the age of 18 years, knowing that the matter depicts a person under the age of 18 years personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, is guilty of a public offense and shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($ 2,500), or by both the fine and imprisonment.

(b) If a person has been previously convicted of a violation of this section, or of a violation of subdivision (b) of Section 311.2, or subdivision (b) of Section 311.4, he or she is guilty of a felony and shall be punished by imprisonment for two, four, or six years.

[There is also, in another statute, an enhancement of penalties if you try to use the child porn to show to a child to entice them into a lewd act.]

170 posted on 03/07/2002 10:18:36 AM PST by Amore
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