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Over 60 nudes may land you in jail!


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<p>Thanks to Rep. Kathi-Anne Reinstein (D-Revere), it may soon be illegal to take nude photographs of people over 60 - even your spouse. HB 1668 ( Massachusetts )"...Commonwealth of Massachusetts is essentially declaring that individuals over 60 are no longer consenting adults with sexual proclivities. If you're a sexually active sixty-one year old man with a bit of life left in the ol ' joint, you are no longer free to take licentious images of yourself and email them around to your recently-widowed paramours. And the statute that prohibits this activity is the same one used to convict perusers of child pornography.</p>

<p>IF YOU'VE HAD ENOUGH OF GOVERNMENT INTERFERENCE write to:</p>

<p><br /> KATHI-ANNE REINSTEIN<br /> State Representative<br /> 16th Suffolk District<br /> Revere-Chelsea-Saugus <br /> State House-Room 171<br /> Boston, MA 02133<br /> <br /> PLEASE NOTE: If you have sent an email without attaching your name address and telephone number to it, it will not be replied to by this office. <br /> </p>

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<p>Okay, I am confused by the inconsistencies in MA. I mean, gay marriage is okay in MA. But you'd better not take nude pictures of anyone over sixty. This is one boring state, MA. Everyone's married and they are cracking down on porn! </p>

<p>Seriously, I guess it just bothers me that they claim to be busy lifting restrictions on civil liberties but the same time they are making new ones. Seems hypocritical. I would think many people over age sixty would be ticked off about this. Some of them must have been part of the Free Love movement. Hasn't Rep Reinstein done the math on that? </p>

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<p>Do keep in mind that your emails and letters will carry a lot more weight if you are a resident of MA. If you don't live there, you don't vote for her, she's not going to care. That's the world of politics. It's hard enough to get an elected official to pay attention to you if you are in their district. If you are in another state, good luck.</p>
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<p>Overall, after reviewing HB 1668 it just looks like a stupidly written bill. The concept of not allowing people who cannot give their own informed consent (children, those with mental problems, etc) to be exploited is a pretty common one. And as much as we dislike this particular bill, older people get taken advantage of. Particularly when their mental faculties start to go.</p>

<p>However, this bill is written is such a lame bush league way that I'm surprised anyone would be stupid enough to try and gather support for it. It is obvious to anyone (or should be) that there is no blanket age that you can lay down and say "anyone older than this is a mental child who cannot decide for themselves".</p>

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<p>The rest of the bill, involving making nude photographs people deemed mentally incompetent by a court or children for lascivious intent (as opposed to other reasons) seems fine as these are classes that need protection. The sixty years age limit is arbitrary and troubling however.</p>
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<p>Since I live in Mass., I'm better served by bringing this nonsense to the attention of my local Rep, who can stand up against this stupidity. Unbelievable. But then, there's no end to the follies going on here... always something stirring.</p>
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<p>Competency or the ability to give consent is a legal right that can only be restricted (in my state) by a circuit (superior) court after a hearing in which the respondent is represented by legal counsel. I don't believe that a legislative body can remove that right by passing a law. I suspect there would be constitutional issues to be considered.<br>

IOW, I suspect that this law would be thrown out the first time that 60 year old Joe takes a nude photo of 60 year old Jane and in some way makes it public and someone complains. Unless Jane had been deemed incompetent and appointed a guardian, she may be free to pose nude whenever she and Joe want.</p>

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<p>It's about time someone clamped down on all the geriatric porn that's flooding the country....Oh, wait, there isn't any...</p>

<p>If mental competance is the issue, there should be a ban on nude photography of MA state representatives.</p>

<p>I can wait for the AARP to take a position on this issue.</p>

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<p>I can just about guarantee that ol' Kathi-Anne just stirred up the wrong hornet's nest. There is no more politically sensitive demographic than voters over age 60. They're battle hardened, have disposable income and a helluva lotta time on their hands with which they can make a politician's life miserable.</p>
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<p>The way I had it explained to me one time was: if you speak an insult, it's slander; but, if you publish an insult, it's libel. I bet an attorney could use existing libel laws to protect a client, regardless of age; and, I bet there's a bunch of historical decisions already supporting the idea that people who can't consent because their reasoning ability is limited would somehow receive the benefit of the community's decision. There's probably an extremely limited "need" for such a law.</p>

<p>My first suspicion is that it's some kind of shameless political pandering to appease someone for some kind of political gain. That, or it's a deliberate lowball move to promote failure or sap the strength out of something. Maybe some type of thing where someone would say, "Well, I tried to protect you; but so-and-so voted against it. Therefore, he's in favor of nude photos of old people." Some type of trap like that.</p>

<p>My guess is that if such an idea were passed, there'd be someone somewhere who'd figure out a way to get the thing to backfire into saying that everyone over 18 and under 60 were automatically consenting if they were photographed nude.</p>

<p>Another way it could backfire would be, if it were a law, and someone used it one time, then maybe it would lay down some kind of groundwork for asserting that it was true that people over the age of 60 weren't mentally sound by virtue of their age alone. Not being of sound mind makes a citizen ineligible for a whole slew of decisions, many of them legal and financial. This pitfall alone could make such a protection a tool for aggression, effectively victimizing the people it was intended to protect. </p>

<p>Anytime you give standing orders in government, you have to think ahead about potential unintended consequences. Looks to me like this idea would need to be revised. It'd probably be more efficient and effective to lend support to the use of existing laws. Just saying. I'm not over 60, but I feel that overall this sounds like a bad idea. J.</p>

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<p>Good points, John. Upon first reading this thread I immediately thought of Ira Levin's under-appreciated dystopian novel <em>This Perfect Day</em> in which despite advances in science that create nearly homogenous humans, somehow age 60 is considered the upper limit and few wonder why nearly everyone dies at that age. As the story unfolds it becomes clear that youth is prized in this highly controlled society because the young are easily duped, not only by conformity but by the illusion of rebellion that only masks another conformity.</p>
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