- Sep 5, 2017
- 564
- 872
There's huge difference between real and fictional.Laws aim to both punish and, more importantly, prevent unwanted behaviors, in a practical, enforceable manner. Insofar as no one can read minds or see the future, preventing crimes require using (most likely imperfectly) correlated behaviors as predictors. Are there people who possess real or fictional child pornography without the intent or ability to ever have sex with a child? Of course. But a pedophile is far more likely to possess these materials than a random person drawn from the general population; therefore, it can serve as a predictor for potential pedophiles.
Someone with their harddisk stuffed with real ********** can hardly argue about not being interested in children at all. Even if there could be some other explaination why to have such stuff, it's less likely to be true (except maybe when you're a police agent currently running the world's largest pedo forum, that actually seems very likely; I don't remember exact details, but the info about that surfaced not long ago, and it wasn't for the first time). Whatever should be done about it, i.e. if or how to punish people who could potentially do something but didn't do it yet, that's quite difficult and up to discussion.
But with the fictional stuff, it's just nonsense. It's not only because there are no actual children involved, but because it "doesn't even represent children well enough" (sorry, my language skills fail me here). What I mean is that with real **********, you see a child, simple as that. With fictional **********, and I would object to even calling it like that, you have some characters and it's clearly not exact representation of humans, so it's up to you, what you want to see in it. Some photorealistic 3D renders could be the only exception. That's also how some more sensible laws see it, they include realistic stuff and don't care about the rest. It's still problematic, because it's not 100% clear what's realistic and what isn't, but better than to include every drawing and such. There are many different reasons why to have and/or like those, i.e. going by that would give you too much false positives. If you'd use standards like this for all matters, you'd have to preemtively wipe out half of world's population.
But guilty of what? I can understand the moral approach, i.e. if the material depicts something bad that ideally shouldn't exist, it could be seen as bad to possess it. But technically the possession of such materials doesn't have much to do with the original bad stuff anymore. Yes, if it didn't happen at all, the materials couldn't exist. But this is only one-way relation.As for people who come upon these materials "second hand", they're as guilty as people who keep goods they recognize as being stolen.
Stolen goods are different. If I have it and I know that it's stolen, then it's likely that I somehow supported the stealing. It would have to be something like finding a TV stashed behind my fence and nobody coming to claim it. Then a thief leaving it there while being on the run could be the explanation how it got there. But I don't think it happens very often, people buy stolen stuff knowingly and by doing so, they support thiefs. That's not the case for a lot of **********, where the not-for-profit stuff is made because producers like it (be it someone commiting a real abuse or child masturbating in front of webcam).