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this post was submitted on 06 Sep 2024
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I mean with the intent just means that possession is illegal cause all it takes is the judge to decide there was intent.
I guess I was right that possession is essentially illegal too.
The prosecutor needs to convince the jury there was intent. Intent is one of the hardest things to prove beyond a reasonable doubt in court without evidence and motive. It's not a guarantee especially with no history.
Edit: And in this case, a history means you've probably already been convicted as thats what the history would lead to.
If it gets to a trial instead of a plea deal, but fair enough, that is a rather reasonable guardrail.
Ya, I imagine many of these highly specific cases would plead out to something not involving jail and/or pedophile record. Stakes are pretty high and that's a big gamble. A case like this it'd be hard to have a sympathetic jury.