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August 15, 2007
When does it become illegal?
I've been kind of interested in the case of Jack McClellan, who has referred to himself as a pedophile. His hobby: hanging out in places with young children, posting pictures of them on the internet, and giving tips to other pedophiles. He was run out of the state of Washington for his deeds, and then in California he got slapped with a temporary restraining order that prohibits him from being within 30 feet of any children. Needless to say, he got thrown in the slammer when he violated that order:
Staffers at UCLA's Infant Development Program in Franz Hall noticed McClellan carrying a camera about 1:40 p.m.
Officers with the University of California Police Department arrested McClellan without a struggle. He was booked on campus and was released later. He is required to appear in court Sept. 13, a UC police statement said.
McClellan said he innocently went to UCLA because he was barred from places such as parks where children congregate. He said he thought there wouldn't be any minors around the college.
He said it was by chance that he sat down outside Franz Hall, where the Infant Development Program is housed.
"(UCLA) is not really considered a kiddie hangout."
McClellan is undeniably sick, and undeniably a pervert. If I spotted him hanging around my kid, I'd probably beat his ass. But at the same time... What, exactly, has he done that is illegal? All articles about him claim he has never been convicted of any related offense, nor has he committed any related crimes. In short, it seems to me he is getting in trouble for being extremely, extremely creepy. He has these urges, but apparently has never acted upon them... Which I think is sort of what you want to do, next to actually eliminating them.
Pedophilia, rightfully so, is treated as a horrific crime. But at the same time, anyone convicted of a sex offense is immediately branded as a black mark on society, a dangerous and repulsive person. It seems to me that pedophilia is being turned into something that can get you arrested simply for thinking about it.
It's nowhere even close to that point, but it's leaning in that direction: there's this McClellan case, and then the efforts by various legislatures to make it illegal to possess computer generated kiddie porn. The reason kiddie porn is illegal is because it harms, debases and violates children. It is clearly something that is repulsive, but virtual kiddie porn doesn't involve any of that: it's completely fake. I see a clear difference there - and again, it is nothing I could never condone, but all the reasons it's bad are eliminated. I don't see what reason there is that is can be illegal, then.
Pedophilia is a disease, but attempts to treat it seem to be unreliable. Like other impulses, it should only be punished if it is acted upon. Jack McClellan has never acted on his impulses in an illegal way, but he is still being punished for it. He is a sick, twisted person - but is he a criminal? Absolutely not, and if it stays that way, we will all be better off.
entry no. 937
Posted by oz115 at August 15, 2007 12:01 PM