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Legal Sex + Smartphone Video = Child Pornography

Nate Anderson reports for Arc Technica on Sidney Myers, who is in prison for recording sex with his girlfriend:

That age difference didn’t matter, legally, when it came to having sex. “t should be noted that under both South Carolina and federal law, the age of consent is 16, so it was legal for them to have sex whether she was 16 or 18,” wrote Myers’ lawyer in a court filing. But the age difference did matter when it came to recording the act. Because the girl was a minor, the images were child pornography under federal law, even though they involved a consensual relationship and someone above the age of consent.

Mr. Myers recorded completely consensual, legal sex with his girlfriend with zero intention of distributing it to anyone. He’ll be a registered sex offender for the rest of his life.