The proposed Texas GOP platform makes no mention of exceptions for "malicious intent".
Indeed, Texas statute states that:
"Malicious Intent" is presumed to exist if more than six images are present in possession.
That's freaking RIDICULOUS. My wife has a couple of under-age female cousins, and her nutty Belgian aunt had taken more than three pictures of each at various European topless water-parks and nude beaches. And then just copied the entire CD for Mrs. C_C, without bothering to sort out which pics belonged to whom. So there were more than 6 "nudie" pictures, unfortunately.
For THAT my wife should have been charged with a Second-Degree Felony?
That said, I still think that the doctrine of "X number of images equals a presumption of malicious intent" flies in the face of Anglo-Saxon legal tradition: "Presumed Innocent until Proven Guilty".
Indeed, Texas statute states that:
"A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material."
Here's what you do CC: Take your wife's CD with the nude photos of her cousins down to Texas, go to the Dept.of Public Safety and turn yourself in. IF they arrest you, I'll not only pay your bail, but pay for a high priced shyster to defend you.
Wannabe intellectuals (i.e. libertarians) just lack good ole fashioned common sense.