New Mexico is seeking an injunction to permanently block Snap from practices allegedly harming kids. That includes a halt on advertising Snapchat as “more private” or “less permanent” due to the alleged “core design problem” and “inherent danger” of Snap’s disappearing messages. The state’s complaint noted that the FBI has said that “Snapchat is the preferred app by criminals because its design features provide a false sense of security to the victim that their photos will disappear and not be screenshotted.”
https://en.wikipedia.org/wiki/Legal_status_of_fictional_pornography_depicting_minors
Specifically: distribute, receive, or possess with intent to transfer or distribute visual representations
Edit: So it has to be 100% locally generated and never transmitted. You still wouldn’t want to try and fight this in court though, I’m sure they’d do their best to throw you in jail, or fabricate an intent to distribute if you’d made a lot, even with all the images you generated to try and get the images you actually wanted.
Edit: Also this is federal, there may be other state laws.
I mean with the intent just means that possession is illegal cause all it takes is the judge to decide there was intent.
I guess I was right that possession is essentially illegal too.
The prosecutor needs to convince the jury there was intent. Intent is one of the hardest things to prove beyond a reasonable doubt in court without evidence and motive. It’s not a guarantee especially with no history.
Edit: And in this case, a history means you’ve probably already been convicted as thats what the history would lead to.
If it gets to a trial instead of a plea deal, but fair enough, that is a rather reasonable guardrail.
Ya, I imagine many of these highly specific cases would plead out to something not involving jail and/or pedophile record. Stakes are pretty high and that’s a big gamble. A case like this it’d be hard to have a sympathetic jury.