Unbelieveable!!!! Age Discrimination?

[davecummings]

Per the article at http://www.********.com/read.php?ID=33842, headlined by Gene Ross as:

"3/30/2009 10:33 AM PST



The Dave Cummings Act? Massachusetts Attempts to Pass Bill making Over 60 Porn Illegal



--on the web


[www.volokh.com]- Yup, the law (in Massachusetts) would make it a very serious crime ? tantamount to child pornography ? to make, and distribute "with lascivious intent," "any visual material that contains a representation or reproduction of any posture or exhibition in a state of nudity" involving anyone age 60 or over, or anyone who has "a permanent or long-term physical or mental impairment that prevents or restricts the individual?s ability to provide for his or her own care or protection."

The law is not limited to people who are mentally handicapped and thus unable to consent, or who are photographed against their will by their caretakers (the justification discussed in this story).

The operative provisions cover people over 60 and the disabled whether or not they are incompetent. One provision, relating to people's being "deemed incapable of consenting," would cover only "an elder or a person with a disability adjudicated as incompetent by a court of the commonwealth," but I don't see how this would stop liability under the other provisions, since consent is no defense under the other provisions in any event. (Plus if they just wanted to bar exploitation of the incompetent, why not simply say "anyone adjudicated as incompetent by a court of the commonwealth," with no limitation to elders or persons with disabilities?)

Likewise, the law is not limited to hard-core pornography that would constitute unprotected "obscenity." It would apply to any pictures of nudes, so long as the defendant is acting with lascivious intent." Hard to see how this would be constitutional, or why it would make much sense.

The bill text is here; the provisions that would be amended are here and here; and the definitions of "elder" (anyone age 60 or older) and "person with a disability" ("a person with ) are here. If anyone can point me to a version that merges the existing text with the changes, I'd love to link to it.

UPDATE: Note that the law isn't limited to making pornography for commercial purposes (since the child pornography law that it builds on covers noncommercial child pornography, too). That means that if 60-year-old spouses or lovers -- or spouses or lovers of someone who is disabled -- decide to photograph each other naked with "lascivious intent," they would be facing a mandatory minimum sentence of 10 years in prison (inserted text underlined, especially relevant text italicized):

Whoever, either with knowledge that a person is a child under eighteen years of age, an elder or a person with a disability, or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, an elder or a person with a disability and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child, elder or person with a disability to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.


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[Angry Jew Cat - Banned for Life]

I'm all for it so long as they take their drivers licenses away too...

[baddog]

Forced retirement?

[camperjohn64]

Wow...that's fucked up.

[tony286]

thats crazy.

[davecummings]

Originally Posted by baddog

Forced retirement?

(Thus far) only In MA if this passes.

I'll still perform in CA where Freeman v. California makes it legal for me to "perform".

[The Seduction of Art]

Did somebody get grossed out by a Blue Iris video or something?

[davecummings]

Here's my response, as published by XBiz which asked me for comments. The girl in their piece is Juli Ashton. http://www.xbiz.com/news/106543

Originally Posted by davecummings

Per the article at http://www.********.com/read.php?ID=33842, headlined by Gene Ross as:

"3/30/2009 10:33 AM PST



The Dave Cummings Act? Massachusetts Attempts to Pass Bill making Over 60 Porn Illegal



--on the web


[www.volokh.com]- Yup, the law (in Massachusetts) would make it a very serious crime ? tantamount to child pornography ? to make, and distribute "with lascivious intent," "any visual material that contains a representation or reproduction of any posture or exhibition in a state of nudity" involving anyone age 60 or over, or anyone who has "a permanent or long-term physical or mental impairment that prevents or restricts the individual?s ability to provide for his or her own care or protection."

The law is not limited to people who are mentally handicapped and thus unable to consent, or who are photographed against their will by their caretakers (the justification discussed in this story).

The operative provisions cover people over 60 and the disabled whether or not they are incompetent. One provision, relating to people's being "deemed incapable of consenting," would cover only "an elder or a person with a disability adjudicated as incompetent by a court of the commonwealth," but I don't see how this would stop liability under the other provisions, since consent is no defense under the other provisions in any event. (Plus if they just wanted to bar exploitation of the incompetent, why not simply say "anyone adjudicated as incompetent by a court of the commonwealth," with no limitation to elders or persons with disabilities?)

Likewise, the law is not limited to hard-core pornography that would constitute unprotected "obscenity." It would apply to any pictures of nudes, so long as the defendant is acting with lascivious intent." Hard to see how this would be constitutional, or why it would make much sense.

The bill text is here; the provisions that would be amended are here and here; and the definitions of "elder" (anyone age 60 or older) and "person with a disability" ("a person with ) are here. If anyone can point me to a version that merges the existing text with the changes, I'd love to link to it.

UPDATE: Note that the law isn't limited to making pornography for commercial purposes (since the child pornography law that it builds on covers noncommercial child pornography, too). That means that if 60-year-old spouses or lovers -- or spouses or lovers of someone who is disabled -- decide to photograph each other naked with "lascivious intent," they would be facing a mandatory minimum sentence of 10 years in prison (inserted text underlined, especially relevant text italicized):

Whoever, either with knowledge that a person is a child under eighteen years of age, an elder or a person with a disability, or while in possession of such facts that he should have reason to know that such person is a child under eighteen years of age, an elder or a person with a disability and with lascivious intent, hires, coerces, solicits or entices, employs, procures, uses, causes, encourages, or knowingly permits such child, elder or person with a disability to pose or be exhibited in a state of nudity, for the purpose of representation or reproduction in any visual material, shall be punished by imprisonment in the state prison for a term of not less than ten nor more than twenty years, or by a fine of not less than ten thousand nor more than fifty thousand dollars, or by both such fine and imprisonment.


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[Dirty F]

Only in the land of the free!

[lazycash]

Oh no, what will happen to www.lemonparty.org ?

[seeric]

i got your back dave. i'm sending granny over.
http://www.noob.us/entertainment/bad...a-machine-gun/

[AtlantisCash]

just bullshit.

[JFK]

we can probably set you up with barely 18 Id Dave Dave McLovin??

[AtlantisCash]

we need more liberals around without a doudt.

[Va2k]

I would love to do a 70 or 80 year old so long as they can agree with me porking them!!

[collegeboobies]

Haha thats awesome.. i dont wanna see them fuckin anyway