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Texas law on children seeing porn

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Cennazluga
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Texas law on children seeing porn

Postby Cennazluga » Thu Oct 29, 2009 7:37 pm

So I was inspired by the recent thread questioning the degrading qualities of porn (the amusing heterosexual slant of that topic notwithstanding) to post this article about the Texas penal code. While I generally support the mother in the article for wanting to keep her daughters safe from abuse, the part of the story that really caught my attention was the presumption of the Texas Penal Code that pornography seems to be inherently "harmful".

What are your thoughts? Should porn be considered harmful material? Should porn be used more often as part of comprehensive sexual education?

I've included a quote form the article and a link, as well as the pertinent section of Texas law, below.

DALLAS – A 1970s-era Texas law that allows parents to show "harmful material" to their children has come under fire after a prosecutor said he couldn't file charges against a man accused of forcing his 8- and 9-year-old daughters to watch hardcore online pornography.
. . .
"I said, 'Are you kidding me?' There's no way. This can't be right," said Buckner, a 30-year-old stay-at-home mother.
. . .
"I want people to know about this. I want parents to be mad and say, 'No!'" she said. "I understand in the '70s everybody wanted the government to stay out of their homes. I don't want to stop parents from having that right to teach sex education, but there's a big difference and there's a line you should not cross when teaching."


http://news.yahoo.com/s/ap/20091030/ap_on_re_us/us_parents_pornography

Texas Penal Code: (http://www.statutes.legis.state.tx.us/)
Sec. 43.24. SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR.
(a) For purposes of this section:
(1) "Minor" means an individual younger than 18 years.
(2) "Harmful material" means material whose dominant theme taken as a whole:
(A) appeals to the prurient interest of a minor, in sex, nudity, or excretion;
(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
(C) is utterly without redeeming social value for minors.
(b) A person commits an offense if, knowing that the material is harmful:
(1) and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;
(2) he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display; or
(3) he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in Subsection (b)(1) or (b)(2).
(c) It is a defense to prosecution under this section that:
(1) the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification; or
(2) the sale, distribution, or exhibition was to a minor who was accompanied by a consenting parent, guardian, or spouse.
(d) An offense under this section is a Class A misdemeanor unless it is committed under Subsection (b)(3) in which event it is a felony of the third degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
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Tunizcha
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Postby Tunizcha » Thu Oct 29, 2009 7:40 pm

As long as the children themselves understand what pornography is and consent to viewing it, I don't give a shit.
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Brogavia
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Postby Brogavia » Thu Oct 29, 2009 7:40 pm

in b4 someone's surprised its not the death penalty...
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Hydesland
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Postby Hydesland » Thu Oct 29, 2009 7:41 pm

It normalises unrealistic and unsafe scenarios (how often do you see pornstars use a condom, do people really have genitals that big etc...) as well as trivialises it. Not really good for impressionable young children.

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Barzan
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Postby Barzan » Thu Oct 29, 2009 7:42 pm

Brogavia wrote:in b4 someone's surprised its not the death penalty...

Yeah, considering it's Texas and all...
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Araraukar
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Postby Araraukar » Thu Oct 29, 2009 7:44 pm

Forcing anyone to watch porn doesn't sound right, no matter the age. If the viewing makes them feel uncomfortable, then doubly so. Plus porn is so unrealistic that I doubt it'd be a good idea to use as a teaching device.

Mind you, when I was 13, the health class did feature a safe sex education video where the participants were anthropomorphic rabbits. Furry sex as sex ed., hmm... :meh:
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Barzan
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Postby Barzan » Thu Oct 29, 2009 7:45 pm

Araraukar wrote:Forcing anyone to watch porn doesn't sound right, no matter the age. If the viewing makes them feel uncomfortable, then doubly so. Plus porn is so unrealistic that I doubt it'd be a good idea to use as a teaching device.

Mind you, when I was 13, the health class did feature a safe sex education video where the participants were anthropomorphic rabbits. Furry sex as sex ed., hmm... :meh:

Some people might consider that fantasy porn...
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Araraukar
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Postby Araraukar » Thu Oct 29, 2009 7:46 pm

Hydesland wrote:(how often do you see pornstars use a condom

These days it's more norm than exception. You don't see them putting it on, but it's there. Then again, I rarely watch het porn anymore, it's too boring.
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Araraukar
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Postby Araraukar » Thu Oct 29, 2009 7:47 pm

Barzan wrote:
Araraukar wrote:Mind you, when I was 13, the health class did feature a safe sex education video where the participants were anthropomorphic rabbits.

Some people might consider that fantasy porn...

Well duh. But that particular video was very simplistic in style, nothing close to porn as such, and more concerned about consent and safe sex practices than the actual act.
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Barzan
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Postby Barzan » Thu Oct 29, 2009 7:49 pm

Araraukar wrote:
Hydesland wrote:(how often do you see pornstars use a condom

These days it's more norm than exception. You don't see them putting it on, but it's there. Then again, I rarely watch het porn anymore, it's too boring.

Really? My experience is that condoms are a rare exception. But I only watch het porn.

Araraukar wrote:
Barzan wrote:
Araraukar wrote:Mind you, when I was 13, the health class did feature a safe sex education video where the participants were anthropomorphic rabbits.

Some people might consider that fantasy porn...

Well duh. But that particular video was very simplistic in style, nothing close to porn as such, and more concerned about consent and safe sex practices than the actual act.

I was trying to be funny. I guess it didn't work very well...
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Bunyippie
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Postby Bunyippie » Thu Oct 29, 2009 7:50 pm

I have seen hardcore porn at the lovely age of 13 at my own violition (filters are so easy to get around!)
and I stumbled on many many things, like I wasn't the only gay guy to ever exist, and I elarned the word gay!
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Postby Maurepas » Thu Oct 29, 2009 7:51 pm

Tunizcha wrote:As long as the children themselves understand what pornography is and consent to viewing it, I don't give a shit.

Agreed...I am surprised its not the death penalty though, :p

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Barzan
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Postby Barzan » Thu Oct 29, 2009 7:52 pm

Bunyippie wrote:I have seen hardcore porn at the lovely age of 13 at my own violition (filters are so easy to get around!)
and I stumbled on many many things, like I wasn't the only gay guy to ever exist, and I elarned the word gay!

When I was 13 we traded porn on floppy discs at school.
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LINTYLAND
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Postby LINTYLAND » Thu Oct 29, 2009 7:53 pm

i live in austin tx and im 17 years old and i watch porn when my gilrfriend wont let me do her :( :(

Plus who cares if kids watch porn, there gonna learn about sex anyway, so why dont we start at an early age?
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Araraukar
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Postby Araraukar » Thu Oct 29, 2009 7:54 pm

Barzan wrote:Really? My experience is that condoms are a rare exception. But I only watch het porn.

Might be why, then.

Barzan wrote:I was trying to be funny. I guess it didn't work very well...

Sorry, my sarcasm sense is probably asleep already. I guess I'll follow suit.
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Barzan
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Postby Barzan » Thu Oct 29, 2009 7:54 pm

LINTYLAND wrote:i live in austin tx and im 17 years old and i watch porn when my gilrfriend wont let me do her :( :(

Plus who cares if kids watch porn, there gonna learn about sex anyway, so why dont we start at an early age?

I;d be careful if I were you. Don't they put you in prison and label you a sex offender for having sex if you're under 18?
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Bunyippie
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Postby Bunyippie » Thu Oct 29, 2009 7:55 pm

Barzan wrote:
LINTYLAND wrote:i live in austin tx and im 17 years old and i watch porn when my gilrfriend wont let me do her :( :(

Plus who cares if kids watch porn, there gonna learn about sex anyway, so why dont we start at an early age?

I;d be careful if I were you. Don't they put you in prison and label you a sex offender for having sex if you're under 18?

17 is the age of consent and the rule is +/- 3 years
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Okay, I give. Yes, you may ... have sex with your household pets. Just, please, try to keep the noise down.

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LINTYLAND
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Postby LINTYLAND » Thu Oct 29, 2009 7:57 pm

Barzan wrote:
LINTYLAND wrote:i live in austin tx and im 17 years old and i watch porn when my gilrfriend wont let me do her :( :(

Plus who cares if kids watch porn, there gonna learn about sex anyway, so why dont we start at an early age?

I;d be careful if I were you. Don't they put you in prison and label you a sex offender for having sex if you're under 18?



yeah i asked her mom and she said it was okay to have sex with her daughter who happens to be 17 and 3 months older than me, but if i ever got her pregnant i would be in a crap load of trouble
Last edited by LINTYLAND on Thu Oct 29, 2009 7:58 pm, edited 1 time in total.
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Barzan
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Postby Barzan » Thu Oct 29, 2009 7:57 pm

Bunyippie wrote:
Barzan wrote:
LINTYLAND wrote:i live in austin tx and im 17 years old and i watch porn when my gilrfriend wont let me do her :( :(

Plus who cares if kids watch porn, there gonna learn about sex anyway, so why dont we start at an early age?

I;d be careful if I were you. Don't they put you in prison and label you a sex offender for having sex if you're under 18?

17 is the age of consent and the rule is +/- 3 years

Interesting. Not quite as backwards as Florida, which is hard for me to believe -- although Florida's not exactly a paragon of modern civilisation, either.

In that case, if you're bangin', why not see porn? It's not like you're not gonna know about it.
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Lancaster of Wessex
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Postby Lancaster of Wessex » Thu Oct 29, 2009 7:58 pm

Cennazluga wrote:Should porn be used more often as part of comprehensive sexual education?


I can't think of any WORSE way of teaching sex ed than using porn; it is fiction, performed by over-aggrandized individuals, gives unrealistic expectations, and portrays women and men in a purely physical manner without any semblance of the emotion and feelings that most sexual relations have (save for one nighters). Indeed.
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Barzan
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Postby Barzan » Thu Oct 29, 2009 8:00 pm

Lancaster of Wessex wrote:
Cennazluga wrote:Should porn be used more often as part of comprehensive sexual education?


I can't think of any WORSE way of teaching sex ed than using porn; it is fiction, performed by over-aggrandized individuals, gives unrealistic expectations, and portrays women and men in a purely physical manner without any semblance of the emotion and feelings that most sexual relations have (save for one nighters). Indeed.

Not all porn is produced in that manner. Some is designed for couples and/or to teach how to perform certain sex acts. You're only thinking of certain kinds of mainstream porn.
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Lancaster of Wessex
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Postby Lancaster of Wessex » Thu Oct 29, 2009 8:04 pm

Barzan wrote:Not all porn is produced in that manner. Some is designed for couples and/or to teach how to perform certain sex acts. You're only thinking of certain kinds of mainstream porn.


Quite true, but given what the thread is discussing, no doubt this is the kind of porn they were talking about (i.e. mainstream). And, any video that is instructional is something I would not label "porn."
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Barzan
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Postby Barzan » Thu Oct 29, 2009 8:05 pm

Lancaster of Wessex wrote:
Barzan wrote:Not all porn is produced in that manner. Some is designed for couples and/or to teach how to perform certain sex acts. You're only thinking of certain kinds of mainstream porn.


Quite true, but given what the thread is discussing, no doubt this is the kind of porn they were talking about (i.e. mainstream). And, any video that is instructional is something I would not label "porn."

Quite right.
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Obama Jugen III
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Postby Obama Jugen III » Thu Oct 29, 2009 8:11 pm

Tunizcha wrote:As long as the children themselves understand what pornography is and consent to viewing it, I don't give a shit.

Homo Sapients' ability to "think" is due to their having enlarged part of the brain called pre-frontal cortex. Pre-frontal cortex is not fully developed until the age of 17-20. What we call rational decisions are made as a result of processes going on in the pre-frontal cortex. Which is why there is a rough estimate put on the age of when "maturity" occurs. At that time the pre-frontal cortex is developed and a person has a full capacity to make decisions as an adult. It doesn't mean they have a full experience to make the right ones, but they do have a capacity. Until its fully developed, the decisions are not yet fully rational. So talking about children "understanding" something is largely a misnomer. They may have a full grasp of the situation, but they don't have the capacity to evaluate alternatives in order to make a conscious decision.
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Postby Callisdrun » Thu Oct 29, 2009 9:10 pm

Depends on the porn involved. A lot of porn I think might instill unrealistic ideas in kids' minds. That would be my main problem with it. I mainly watch lesbian porn because it lacks dudes who make annoying douchebaggy comments through the whole thing, as if anyone wants to hear them talk, the dickweeds. Some porn that I watch just consists of women masturbating in various ways (mainly with hands and dildos). I don't think this would be harmful for children to see. Certainly I wouldn't be like "hey kids, look at this," but I don't think it would be a big deal if they saw it.

In my experience, kids generally aren't really that interested in sex beyond it being material for potty humor until they're pretty much old enough so that they start finding ways to watch porn anyways. When I was in elementary school, I certainly wasn't interested in watching videos of people fucking. In fact, I thought that the sex scenes in movies were the boring parts. I think the whole issue is blown out of proportion.
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