Brown signs revenge porn bill into law; aka a very poopy law

1 Oct

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Oy vey. JB signed the so called revenge porn law into effect. Barf. The law is essentially meant to ban the situation where you consent to a sex tape or nude photo with yo man and said man distributes the photos/videos after you break up. Now, doing so will be a misdemeanor in the neverending list of things that should not be crimes that is commonly known as Penal Code section 647.

My problem with this law is threefold.

First, any law that requires the specific intent, as this does,  to “cause serious emotional distress” and proof that the victim suffered from emotional distress is farkakta.  In general, i do not agree with criminalizing privacy invasions. leave the civil system to deal with that.  Privacy is surely important. But unless we are talking about fearing for your life, harms to the psyche should be addressed as torts.  Why? Because we are talking about prison and never ending collateral consequences and/or bars to future employment.  We should not impose the worst punishments available in our so called civilized society because someone gets her feelings hurt.

Second, why is it so much worse to publish a sex tape to get revenge than to make money? You think Kendra gave a shit if her ex published the tape to cause her psychic injury or simply to make money? the damage is still done. So why are we distinguishing between the two motives? And what if someone is motivated by both? Is he still liable under the revenge porn statute?

Third, what about free speech? Experts apparently do not think there is a problem. I beg to differ. I’m not a first amendment expert. I just go on my instincts people. and the JJC first amendment radar says W. T. F.  If I wanna post something online I should be able to post it. THIS IS AMERICA!!! As long as no real live kids are involved or no one’s life is being threatened, i should be able to do want i want.

Finally, these laws were apparently put into action by women (and their moms) upset after their exes published their porn online.  My thoughts on that are that I am not a fan of putting people in jail based on feelings of people who got effed over by other people. Emotion should not drive policy. Further, why are we listening to someone who was willing to video tape herself having sex? Kidding, kidding, kidding.

I really believe that one day there should be a concept of comparative liability applied at sentencing or in whether a crime is a misdo or felony in criminal law. It’s like look, you signed up to do something private on a platform that can potentially be made public. Where is your responsibility?? This could similarly be applied to these ponzi scheme victims who are bilked out of millions because they invested upon promises of ridiculous returns. At some point are they not responsible for being stupid and giving their money away? At some point when a person, an adult (note if the porn was of someone under 18 it would be a crime already=child porn and distributing child porn), consents to something said person should have to live with the consequences.

JJC Verdict on New Law: Poop. Poopity poopity poo.

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