Sharyl Atkidson tells Gaetz FBI was going too. PLANT CHILD PORN on her husbands computer! She had an FBI agent tell her they have done that
(twitter.com)
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You can't imprison people for possession of child porn since it's too easy to fake.
Instead, imprison people for molesting children, or making child porn, or soliciting kids for sex. Or even (maybe) for distributing child porn. But mere possession can't be a crime because it's too easy to abuse.
I think the simplest way to deal with it is to use it as a supplementary charge, something that reinforces the other child abuse charges that they're accused of.
E.g. if someone is accused of child abuse, investigation could yield possession of it and then it could be used to reinforce the allegations of abuse.
It will still be possible to abuse by unsavories, but much less likely and will raise the bar and make it both more difficult to fight and more believable to begin with.
Agreed. Use it as an aggravating factor when there is evidence of other (real) crimes. I find CP as abhorrent as anyone else but clearly making it a crime in-and-of-itself results in abuse, since it's an easy way to frame innocent people and ruin their lives. (And clearly the FBI has been abusing that power).