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So scared..

Discussion in 'Coming Out Advice' started by Crypt, Feb 9, 2011.

  1. Crypt

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    The police barged into my bf's apartment early this morning. They got him for illegal porn. He's so scared he might go to jail and so am I. Does anyone know if he will for his first offense?
     
  2. maverick

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    He might not go to jail, but he may end up on a sex offenders database if he is convicted though. It really depends on what kind of illegal porn he got caught with. If he got caught with child pornography or snuff films (for example) the law doesn't really tread lightly when it comes to that kind of stuff...
     
  3. zeratul

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    The only illegal porn I know of are child pornography, which is extremely serious, or porn that depicts a situation where it would be considered aggravated assault and/or extremely violent, which may be just a fine.
     
  4. Crypt

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    Nah nothing like child porn. Just illegally downloaded.
     
  5. maverick

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    Well that is completely different. In that case I have no idea, I've never heard of anyone actually getting raided for piracy before - I mean, I've heard about it, but I've never known anyone that it's actually happened to before.

    If that's the case, I'd honestly expect a slap on the wrist if he has no priors, or at most a really obnoxious fine/probation. Piracy is not a violent crime, while child pornography or snuff films suggest the intent to commit violent crime. Piracy is a horse of a different color. So I wouldn't freak out about your beau going to jail just yet if his charge is illegal downloading and not illegal pornography.
     
  6. zeratul

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    If it's a DMCA issue, I think expect to pay a large sum of money? Depends on how greedy they are.
     
  7. Filip

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    Well, then that's really an offense against copyright law instead of a sexual crime. Nothing to be happy about, but I highly doubt it's something anyone will have to do jailtime over. You're not exactly a danger to society for illegal downloading.

    However, a hefty fine can be expected. They might be keeping his computer. And I know that in some cases (though probably not on first offense) they can actually ban you from having an internet connection.

    I am not a lawyer, though. And your boyfriend might want to contact one just to be sure. It's never bad to know your options.
     
  8. maverick

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    I highly suggest you contact a lawyer. They are expensive, but they're worth it for the piece of mind if nothing else. The law is very convoluted and it helps to have someone in your corner who knows what the hell they're doing. And you can probably find one that will work out a payment plan with you if you can't pay a lump sum for representation.
     
  9. Crypt

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    I don't know what to do. I'm so afraid that I'll never see him again. I know I may be overreacting, but I can't stop worrying about him.
     
  10. Austin

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    Stop worrying. You'll see him again. This is not a criminal offense, it's a civil offense (I believe). Unless he was distributing a ton of it (hosting a site or something?), which, I would expect that is why he was raided, since, for downloading they don't normally do that), he shouldn't be going to jail. The companies can sue him, and he might have to pay a huge amount of money, but I don't think he'd go to jail for that. And I don't think he'd be kept in prison or anything while the trial goes on if he is sued.
     
  11. RealityCheck

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    (*hug*) I know nothing about this stuff, but I will keep you both in my thoughts and prayers.
     
  12. Aya McCabre

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    Get some legal advice. If all he did was download it then usually all they can ask for is the amount it would have cost to buy it..... but they usually ask for hundreds or thousands of times that amount. Legal advice it potentially well worth the cost.
     
  13. Chip

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    I hate to be a wet blanket here, but I think your fears are justified.

    The police don't raid homes for illegal downloading of porn unless it's child porn, or in very rare cases, really extreme (usually violent or unbelievably gross) porn that isn't legal in this country. There is a very large international initiative going on right now (last 3 months) against child porn and police all over the US, Canada, UK, and other countries have been working together, raiding hundreds of homes and seizing computers and charging people for having CP on their computer.

    Copyright infringement is a civil issue, so police generally don't get involved. It's unlikely that they're accusing him of copyright infringement.

    So if they showed up with a search warrant, they probably believe there is child porn somewhere on his computer, and they have to show credible evidence to a judge to get the warrant in the first place, which probably means they had detected what they believe to be CP files being served from your roommate's computer (via bittorent), and used that as justification to get the warrant issued.

    This isn't something to fuck around with. If there is a single explicit image or video on his computer of someone who looks plausibly like they could be under 18, and the content was not produced by a commercial producer of adult content (who are required to keep very detailed records on every model they photograph) then he could technically be guilty of possession of child porn. (For anyone under 18 who has sent or received naked pics of other people under 18... this applies to you also. 16 year olds have gone to jail for sending naked pics of themselves to others, or having them on their hard drives.) My guess is the police have record of his downloading (and, if he's running a bittorent client, uploading and sharing) one or more files that they believe to be child porn. Even if it's just some 16 year old's webcam jerkoff video, it's still child porn.

    So this isn't something he should take chances with. He should contact his parents or anyone who can put up the money to get a good attorney to defend the action. Relying on a public defender is not a good idea when dealing with any accusation of this magnitude.
     
  14. maverick

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    Thanks for this Chip, I kind of suspected this was the case but didn't want to say so because I didn't know for sure (about the police raiding for child porn rather than copyright infringement).

    Usually with copyright infringement, as far as I know, they'd send a "cease and desist" letter before they'd ever do a police raid.
     
  15. Crypt

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    It's much worst/serious than I thought. He's currently on house arrest. There's not set date for court yet. He can face from 0 years with tons of restricts to 20 years. His lawyer said it's too soon to assume things, but I'm still so worried about him. If he does go I don't want him to change :frowning2:
     
  16. EM68

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    I know you want to believe your bf but my gut is telling me that some how the authorities have or believe to have knowledge that he had child porn on his computer. As stated above, illegal downloading is a civil matter. If I was him I would get a lawyer. You may want to make sure he has not used your computer or laptop, especially if he is under any restrictions as a condition on his house arrest.
     
  17. Lexington

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    I'll add to the chorus that your BF needs to get legal counsel if he doesn't already have it.

    >>>If he does go I don't want him to change.

    Meaning what?

    Lex
     
  18. Crypt

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    I've heard prison changes people for the better or worst. I wouldn't want him to be a different person if he goes. The worst that can happened runs through my mind all day.
     
  19. Lexington

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    All signs point to him dealing with pornography of a very illegal sort. Is that something you'd change?

    Lex
     
  20. TheEdend

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    You have gotten some pretty excellent advice so I can't add anything, but just making sure that anyone reading this keeps in mind this part from Chip's post.

    This is actually a very serious and real thing! Just wanting to make sure people were aware.