Child Porn Charges for comedian; edited video makes it appear children were listening to dirty song

[snave]

Guy definitely deserves to be taken to town for slander, privacy invasion or whathaveyou for using a child's image witbout explicit written consent of the parent should those parents intervene. Imagine if Coca Cola nicked a child's picture off a Facebook page and stuck it on a billboard simpoly saying "Enjoy Coke". Same shit.

A peadophile however, he is not.

 

[Wargamer]

This kind of bullshit makes me lose faith in humanity.

Someone might want to warn Tim Minchin not to make funny jokes anymore, seeing as he made a song about how much he wants to kill his own daughter. In the civilized world that'd be taken as a joke, but clearly in America that'd be a declaration of intent to murder a child.

 

[carnege4]

Japan has Lolicon anime and other things

Funny fact:

Nobody gives a dam

 

[Verlander]

I lived in America 10 years ago, and went to school there. As a teenage, nervous British guy in a different situation, I reverted to a cocky, self assured state, and found I had the ability to make kids laugh. On my birthday I made a joke in which I turned to another child and told them I was going to "kill them".

I was expelled, arrested and sent to juvenile delinquency for this joke, and not long after, my family returned to London, disgusted at the way I was treated.

I hold no grudges about the over-reaction, and a few months later 9/11 happened. Fear of terrorism was rife, and I just felt lucky to have this cleared off of my record, especially since the same joke in the UK would merely have caused me to have a clip round the ear, or a telling off in class at worst.

Now I'm in the process of immigrating back to America (I know, glutton for punishment much?) for work, and was looking forward to it, as I had thought that after a decade of serious growing up, Americans had learned about sarcasm, irony, and humour that pushes boundaries. If we didn't push boundaries, we would never discover anything, and we would never expand or evolve. Now I see that America hasn't gotten past this ridiculous over the top, knee jerk reaction for anything that seems slightly untoward.

Some people will be claiming on here that he won't get done for this, as he actually did no harm to the children. This is wrong, and I am living proof of this. The closed mindset to allow any kind of humour or experimentation may destroy this young mans life. That is no simple statement, and this guy could easily have another 60 years on this planet, none of which will have any of the freedoms, or potential that he had only a few weeks ago. No matter what God or whichever you believe in, we only get ONE life, and his is being played out on television for all to see, purely to appease some over protective parents, who won't even remember his name in a fortnight. How much is a life worth? A weeks peace of mind?

I was excited about my new life, but now, for the first time in almost ten years, I'm scared of the 3rd world mentality I'm returning to

DISCLAIMER: By "America", I am referring to the legal and political system, and not to individual Americans

 

[Quiet Stranger]

This is ridiculous!! I've seen Louis C.K say stuff to kids and he hasn't been arrested, let this man go free I say!

 

[SinisterGehe]

We should start a facebook group and make videos like this ourselves and post them on the group, then it will stop seeming so serious.

EDIT

the group already exists http://www.facebook.com/home.php#!/pages/Free-Evan-Emory/192566290767711

Yeah, facebook groups have been know to have great impact on law-enforcement and politicians.
Do not make Internet groups to help him, rally on the streets be a physical part of the change don't cower in your own living room.

 

[Kopikatsu]

What the hell is wrong with Americans? You're so obsessed with pedophilia and child porn you see it everywhere! Present company excluded of course. Geeks seem to be the only sane people in America left.

If it makes you feel better, I'm currently going through the Police Academy and I don't see anything wrong with what he did. Moral guardians tend to take things way too far. Well, he only got CHARGED with that and faces jail time/registry if convicted. (Although, I didn't actually read the article, just the first post, so meh)

I would say 'I don't think anything will come of it.' buuut...there was that guy with lolicon manga and he was arrested for child pornography. Which is interesting for this reason:

The Child Pornography Prevention Act of 1996 says that a real minor DOES NOT need to be a part of the work for it to be considered child pornography. Real, computer generated, drawn, it's absolutely illegal.

Actually, just because the word 'sex' came from either the child to someone, or someone to the child, that makes it count as obscene and falls under child pornography laws.

That's not to say I agree with that law, because I don't, but hey.

 

[RatRace123]

Seems like pretty much everything constitutes as child porn in these days.

Well, I for one am thankful for the police removing these quite obviously dangerous individuals and throwing them in jail for an obscenely long amount of time.
Some people may say that they're just a waste of all the money it takes to keep those criminals in jail, but clearly we can't have these people roaming the streets.
It's good that their fighting the war against all these child pornographers and not wasting any time on silly minor crimes like gangs and drug smugglers.

 

[Aerodyamic]

well ok since the actual video has been removed from the net, I went and looked up some of his other stuff. He's really not that bad of a singer/rapper. He's pretty damn funny too. If he gets arrested and given 20 for this kinda stuff? ... I dunno...

yeah, I mean he shouldn't have posted the kid's faces without permission, but that's... mmaybe what? a small fine? a few months?

Stupid... I don't wanna sound hyppocritical because this stuff happens everywhere, so if this ever happens in Canada, I'm gonna start a fuckin' rally.

www.duhaime.org

I hate to tell you, but the definitions used by the Criminal Code of Canada are potential as broadly interpreted. What should really bother you is that if this case is successful and creates a precedent, it's going to open the door to more cases this weak. That's not to say that most judges in Canada would even entertain this kind of case, but with how accessible the internet makes recorded media, it's only a matter of time before an American D.A. tries to get somebody from Canada extradited for posting a youtube video that could be deemed harmful to minors, or to portray material relevant to child pornography.

The other thing that worries me is that if this case is successful, this will mean that any form of internet media that has children in it, or involves childrens' show characters, and has been modified to include adult materials is going to be in danger. Any fair use parody of Sesame Street (like Sensimilla Street), will be easily attacked, as will Retarded Animal Babies, since their at least loosely based on popular childrens' shows.

How many people remember the 1986 trial 'California V. The Dead Kennedys', on the charge of 'distributing harmful material to minors'? Can anyone imagine the horror that would ensue if that case was being tried now, in that courtroom?

 

[Kortney]

I do believe this man should be punished. What he did was pretty awful. Deliberately editing footage of children involving a sexual song without their consent and lying to a school is douchebaggery. Plus, we haven't seen the video so none of us really know to what extent this guy went to.

If I had a child that were in the video, I'd be furious. I wouldn't want the guy in prison though, but I'd want him to be punished in some regard.

I'm sure we can all agree 20 years is total overkill. He isn't going to go to gaol for twenty years though. Most the time criminals get a hugely reduced sentence, and in this case I doubt he will do any serious time.

 

[zelda2fanboy]

Hmm. Is it possible to sue someone for pressing false charges against you? Eck. I hope this guy doesn't get nervous and take a plea deal. This is crap. Can WE sue the prosecutors for infringing on our civil liberties? That's what they are doing. Not only is he innocent, but he's legally allowed to literally have sung a "dirty song" in front of those kids. It's days like this I wish GG Allin were still alive, so he could go to this town and do a show. He'd strip naked, beat his own face in, smear himself in shit, and sing "Expose Yourself to Kids."

 

[stefman]

ITS A FUCKING JOKE! this is absolutey ridiculous.

 

[hyperdrachen]

I'm sure the perp is guilty of something.

Some time in the slammer will do him good.

P.S. Superimposing, altering, photoshopping, editing videos and images can still constitute as an obscenity.

Maybe he should have done his homework before wasting his time on his little project.

And you might want to do your homework and read some of the posts and examples above to show how wrong you are in your assumptions.

Huh?

Anyway, it's like people who make Pedobear gifs of the little bear attacking kids or that girl from Lazytown etc. We know the kids are safe and the cartoon bear is superimposed and not real, but the message is clear. "Paedophilia is funny,". Well, it isn't.

I'll look into this guy's case in more detail soon, but I think the courts are sending a clear message.

Like I said, a little jail time might give him a bit of time to think of some new, funnier sketches. It'll do him good.

No the message is, "A rediculous looking fake pedophile bear" is funny. While I disagree that brings us to the problem in this country. That disagreeing with somones opinion or taking offense to media they create, is sufficient to incarcerate them. Prison doesn't produce better people, it turns petty offenders into hardened criminals. I hate this kind of lowbrow comedy but it in no way victimizes, or harms me. If there has been no harm, there can be no violater, thus there can be no crime.

Taken to it's logical extension this kind of opression can extend to literally any content.

On that note I wish more people would appeal thier cases to the supreme court. Those judges seem far better educated in the letter of the law, and far more interested in the spirit of the law, than the podunk wingnuts that destroy lives over make-believe.

 

[ProGrasTiNation]

I'm sure the perp is guilty of something.

Some time in the slammer will do him good.

P.S. Superimposing, altering, photoshopping, editing videos and images can still constitute as an obscenity.

Maybe he should have done his homework before wasting his time on his little project.

And you might want to do your homework and read some of the posts and examples above to show how wrong you are in your assumptions.

Couldnt agree more...this is an attack on freedom of speech yet again,but i will say he should have blurred the faces of the kids in the edited version..i give him 10/10 for creativity

 

[Dexiro]

The Child Pornography Prevention Act of 1996 says that a real minor DOES NOT need to be a part of the work for it to be considered child pornography. Real, computer generated, drawn, it's absolutely illegal.

That's not to say I agree with that law, because I don't, but hey.

I really don't see any logic behind making fictional material illegal, it does no harm to anyone.

 

[PurplePlatypus]

I think things like this kind of spit in the face of and diminish why these laws even exist in the first place. Not to qualm any moral outrage in the minds of some people but because we don?t want children to be abused and come to harm.Is the mere thought of and the expression of something purely fantasy as bad as someone actually coming to harm?

 

[Kingsnake661]

Michigan has now joined my list of retarded states. This country never fails to disappoint me.

Found it. Dudes name is Evan Daniel Emory.

Ok, not for my opinion. (for what it's worth.)

The dude, did, IMO, commit a crime. Child Porn? God no. But, he did lie to the school board, take video of minors and post it on the internet without concent, along with dubbing in the volger track. This,IMO, shouldn't have the protection of "free speach" as it was produced without concent and under false pretenses. And he should be punished for it, but, 20 year in jail, 25 years as a sex offender? That's insane. He didn't abuse anyone.

I'm thinking a hefty fine, and being open to litigation, (the parents sueing him) is about the extent of what he should face. *shrug* That's my 2 cents.

Well what the parents would do to him, considering how he used the footage, would probably be equally excessive.

Perhaphs. He'd prolly be sued into bankrupsy. Is that excessive? Maybe. But persons right to sue for whatever reasons, and for how much, is another topic interiarly. I think, personally, lawsuits are out of control. I do. But this guy did do something that leaves him open for legigation. He DID lie to a school, tape first graders, and use there images without concent, for a runchy video. He brought this on himself. The fact the parents CAN sue him for everything he's worth is a totally different issue.

 

[snowfi6916]

If he created the video himself, then he should be charged.

If he simply edited an existing video, then I don't think he should be charged.

There seems to be a very fine line between freedom of speech and being arrested these days. You have to be extremely careful what you post on the Internet now.