The judgement is not simply landmark for this contemplation of constructive possession of child pornography, but will also for laying out apparent pointers concerning the statutory presumption of mental state under Section thirty with the POCSO Act.
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Seltzer wrote of the that "I do not believe that our child pornography legal guidelines have been made for these scenarios ... A conviction for possession of child pornography in Florida draws as much as five years in jail for every photo or video, additionally a lifelong requirement to sign-up like a sex offender."[34]
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Child pornography offenders are predominantly white, male, aged between twenty five and 50 several years and, in relation to "hands on" child sexual intercourse abusers, a lot more likely to be employed. On a number of studies, they have been claimed to own higher education and learning at a amount of 30%. Investigation has also shown that all around fifty% of child pornography offenders have been one either at time in their offences or after they have been prosecuted.
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To be able to contextualize the judgment, it is imperative to deliberate upon Segment fifteen on the POCSO Act, which was released in to the Act by using an amendment in August 2019. This section criminalizes various degrees of possession of child pornography, depending on the intent:
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All forms of child pornography which include mere possession of it are illegal during the Bahamas. People discovered responsible are liable to imprisonment for life.[258]