Maybe one of you can answer this for me at DVinfo.net

Jason Gatti · February 11th, 2004, 04:50 PM

The main reason I posted my question about law research was to help answer this question. My brother in law and me were talking about the internet and how the law's apply in regard to ADULT content and the sellling of adult material over the internet.
He was trying to make the argument that if I was to film and sell a film that contained nudity etc I could be sued if a minor was to steal his parents credit card and order it online. (THIS IS ALL HYPOTHETICAL) Could someone be sued for this? How in the world could it ever hold up in court? Also If this is the case why has it never been done before? My guess is that this must happen everyday. I know there are sites that you can view anything you want and all you need to do is click your mouse. Could I sue them if I found my ten year old on their site? I just find all of that hard toi believe. Anyway this was what I needed to reasearch, I was hoping I could prove him wrong seeing how he think's he is right 100% of the time. Thanks.

Jeff Donald · February 11th, 2004, 04:59 PM

You can be sued for just about anything, but winning is another matter. I would consult an attorney. I doubt you'd have much liability in the theft of a credit card. The minor would have also needed to falsify statements in the general declarations required to enter the site.

Jason Gatti · February 11th, 2004, 07:06 PM

That was pretty much what I was thinking. I really don't see how you could lose a suit when you never see another person face to face. Also I can't see a judge allowing this to go very far, if it even makes it before him. I'd still like to be able to find ANYTHING that might support my thought's. My brother in law used many examples that did not apply, and was like comparing apples to oranges. Thanks for the reply.

Law Tyler · February 12th, 2004, 08:48 AM

Doesn't the Russian mob own all the adult sites on Internet? Doesn't all the lawyers and judges, regardless of their scuminess, treasure their own lives? :-)

K. Forman · February 12th, 2004, 09:38 AM

Unless you made the site readily available to the child, and consented the use of your credit cards, you are only guilty of not paying enough attention to what your child does. As if anyone has that much time and energy!

Peter Moore · February 12th, 2004, 10:02 AM

"He was trying to make the argument that if I was to film and sell a film that contained nudity etc I could be sued if a minor was to steal his parents credit card and order it online. (THIS IS ALL HYPOTHETICAL) Could someone be sued for this? "

Theoretically this is possible. It's called strict liability. The statute would read something like "Anyone who transmits pornographic (defined) material to any person under the age of 18 shall be liable..." Period. No knowing or intent requirement.

Could this hold up? Sure. There's plenty of strict liability offenses - distribution of liquor to minors, statutory rape, speeding.

"Doesn't all the lawyers and judges, regardless of their scuminess, treasure their own lives? :-)"

Not me. ;)

February 11th, 2004, 04:50 PM	#1
Jason Gatti Regular Crew Join Date: Dec 2003 Location: Michigan Posts: 48	Maybe one of you can answer this for me The main reason I posted my question about law research was to help answer this question. My brother in law and me were talking about the internet and how the law's apply in regard to ADULT content and the sellling of adult material over the internet. He was trying to make the argument that if I was to film and sell a film that contained nudity etc I could be sued if a minor was to steal his parents credit card and order it online. (THIS IS ALL HYPOTHETICAL) Could someone be sued for this? How in the world could it ever hold up in court? Also If this is the case why has it never been done before? My guess is that this must happen everyday. I know there are sites that you can view anything you want and all you need to do is click your mouse. Could I sue them if I found my ten year old on their site? I just find all of that hard toi believe. Anyway this was what I needed to reasearch, I was hoping I could prove him wrong seeing how he think's he is right 100% of the time. Thanks.

February 11th, 2004, 04:59 PM	#2
Jeff Donald Warden Join Date: Mar 2002 Location: Clearwater, FL Posts: 8,287	You can be sued for just about anything, but winning is another matter. I would consult an attorney. I doubt you'd have much liability in the theft of a credit card. The minor would have also needed to falsify statements in the general declarations required to enter the site. __________________ Jeff Donald Carpe Diem Search DVinfo.net for quick answers \| Where to Buy? From the best in the business: DVinfo.net sponsors

February 11th, 2004, 07:06 PM	#3
Jason Gatti Regular Crew Join Date: Dec 2003 Location: Michigan Posts: 48	That was pretty much what I was thinking. I really don't see how you could lose a suit when you never see another person face to face. Also I can't see a judge allowing this to go very far, if it even makes it before him. I'd still like to be able to find ANYTHING that might support my thought's. My brother in law used many examples that did not apply, and was like comparing apples to oranges. Thanks for the reply.

February 12th, 2004, 08:48 AM	#4
Law Tyler Major Player Join Date: Dec 2003 Location: Plano, TX Posts: 204	Doesn't the Russian mob own all the adult sites on Internet? Doesn't all the lawyers and judges, regardless of their scuminess, treasure their own lives? :-)

February 12th, 2004, 09:38 AM	#5
K. Forman Capt. Quirk Join Date: Apr 2002 Location: Middle of the woods in Georgia Posts: 3,596	Unless you made the site readily available to the child, and consented the use of your credit cards, you are only guilty of not paying enough attention to what your child does. As if anyone has that much time and energy!

February 12th, 2004, 10:02 AM	#6
Peter Moore Trustee Join Date: Oct 2002 Location: Arlington VA Posts: 1,034	"He was trying to make the argument that if I was to film and sell a film that contained nudity etc I could be sued if a minor was to steal his parents credit card and order it online. (THIS IS ALL HYPOTHETICAL) Could someone be sued for this? " Theoretically this is possible. It's called strict liability. The statute would read something like "Anyone who transmits pornographic (defined) material to any person under the age of 18 shall be liable..." Period. No knowing or intent requirement. Could this hold up? Sure. There's plenty of strict liability offenses - distribution of liquor to minors, statutory rape, speeding. "Doesn't all the lawyers and judges, regardless of their scuminess, treasure their own lives? :-)" Not me. ;)