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Proposed Statutory Exemption

March 27, 2009

Yesterday, I crossposted the Destroy The Town To Save It post at Feministing Community, where the editors graciously front-paged it and discussion ensued. In the course of working through the issues, I scratched out a proposed statutory exemption to the federal child porn statute (18 U.S.C. 2252) that would prevent the travesty of a minor being charged with exploiting herself by possessing or circulating her own image. Harper Tobin at Polymorphous Perversity liked it, and put it up at her place.

Here’s the language:

(d) Notwithstanding the foregoing, no person shall have committed a criminal act within the meaning of this section solely by reason of having possessed, transported, shipped, or received a visual depiction wherein the person himself or herself is the only minor depicted.

This is not a complete solution, as Harper notes in her thread, in part because a similar exemption would have to exist for a whole lot of state statutes. But it would be a big move in the right direction.

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