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Old 2009-06-08, 03:19 PM   #5
nate
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Join Date: Mar 2009
Location: Merica!
Posts: 543
If the goal of of 2257 is to insure all models are over 18, then the intent is honorable. What bothers me is that it is prior restraint in that you have to prove something is legal before you do it. That is 100% at odds with the concept of "innocent until provn guilty", and if I'm not mistaken, even the concept of prior restraint has been found unconstitutional in America. It shouldn't be up to the accused to prove the legality of an action until charges are brought against him. If the law was more strictly enforced, it would drive thousands of honest and law abiding citizens out of the legal adult business because the overhead of managing records would be higher than the gross receipts, at least for the initial period the business exists.

I think it should apply only to primary producers and only AFTER they sell the images because at that point, they have profited off the images. If a primary producer has questionable images but has not sold them, then there are still laws on the books regarding the posession of illegal images, and it should be up to the DA or AG to prove the ages of the models, and not the other way around. Once again, "innocent until proven guilty".

It all leads back to the intent of the legislation, is it really there to protect minors, or is it there to have a chilling effect on what is a legal business?
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