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Mistake of age, not asking the age, having the minor consent to view the material or even having the minor lie about his or her age is not a defense. Sometimes the judge will place restrictions such as the time of day or location for the presentation.
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So under the statute, it does not matter whether the image is a child in a sexual pose or an adult in a sexual pose sent to a minor. If you are an adult with pictures of a minor, or if you are an adult that sends an inappropriate photo to a minor, you are charged under a separate obscenity law. Just seeing it is a crime if you know that it is a picture, video or other media source that shows a child in sexual way. ACLU , 521 US 844 1997 The Communications Decency Act of 1996's restrictions on indecent or patently offensive material as opposed to obscene material are an unconstitutional abridgement of free speech.
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Alcohol and Substance Abuse Resources Read more. Clear as mud, right?