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In England and Wales, the question of whether a person poorn a child for the purposes of an indecent image is a To; of fact for a jury and this is based on the characteristics of the person featured. Defining a child as a person under 18 is not uncommon for the purposes of regulating child sexual abuse images or child sexual exploitation. This raises a delicate issue: He may also trust that the content of hosting websites is checked.

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Porn sites often encourage their users to flag illegal content — and will remove such images — but popular sites such as Redtube and Pornhub are only hosting sites. The most popular world searches. In light of this my real concern is that those searching for teen porn may unwittingly view child pornography in one of two ways. Canada, the United States federal law and most Australian states take the same approach. But in some places, downloading these images could amount to an offence.

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And for the purposes of the offence a child is defined as a person aged under 18 — not 16 the age of consent for sex in the UK. The law in the UK, for example, criminalises the possession of child sexual abuse images, including ones downloaded from porn sites. This would be entirely legal to view. Either the images downloaded may unintentionally feature children under 18 or the user of pornography may not be particularly well versed in the law and fail to appreciate that children includes older teenagers. He may understandably assume that images of children over the age of consent are legal. For example, I would doubt a year-old boy would realise that downloading pornography featuring a year-old girl may amount to an offence of possessing or making an indecent photograph of a child.


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