Not at all condoning any abuse of children; but that statute is stupidly worded.
If a parent photographs a child in the process of being potty-trained, will the parent and everyone who touches or looks at that photo be subject to a mandatory two-year minimum?
What if you visit Brussels, Belgium, and you photograph its landmark “mannequin pisse” and bring it home to South Carolina, are you subject to the two-year mandatory minimum?
The stupid drafting is a Talibanization of South Carolina.
Under another statute, a breast-feeding mother may be arrested and tried and required to prove that it was “medically necessary” for her to put her nipple in the baby’s mouth?
Frankly, I think FAILURE to breastfeed a newborn, in the absence of the few GENUINE contra-indications to breastfeeding, is the REAL child abuse.
All I am saying is that statutes should be better drafted.
After all, Hatchet-for-Hire Heather (Sara Heather Savitz Weiss) prosecuted ME for looking out of my own window when my then-neighbor was causing a commotion in the joint parking lot under my window. Hatchet-for-Hire Heather called it “unwanted visual contact” and “surveillance,” which is criminalized by South Carolina’s harassment and stalking statute, which in turn had been called “a study in bad drafting” in a law article by a now-retired South Carolina Law School professor.
When I tried to challenge the facial constitutionality of that statute, then-South-Carolina-Chief-Justice Jean Toal had then-South-Carolina-Circuit-Judge J. Michelle Childs ghost-write an order to the effect that I, out of all people, may not challenge a statute before that court without a lawyer.
That stupid statute and many others remain on the books because these statutes are written by staffers who do not know the difference between “its” and “it’s,” do not know the rule of the last antecedent, and do not know what an “Oxford comma” is.
The statutes are also interpreted by judges ignorant of a basic rule of separation of powers: the judiciary cannot act without a case or controversy.
Again, be careful how you draft those statutes.
1 comment
Not at all condoning any abuse of children; but that statute is stupidly worded.
If a parent photographs a child in the process of being potty-trained, will the parent and everyone who touches or looks at that photo be subject to a mandatory two-year minimum?
What if you visit Brussels, Belgium, and you photograph its landmark “mannequin pisse” and bring it home to South Carolina, are you subject to the two-year mandatory minimum?
The stupid drafting is a Talibanization of South Carolina.
Under another statute, a breast-feeding mother may be arrested and tried and required to prove that it was “medically necessary” for her to put her nipple in the baby’s mouth?
Frankly, I think FAILURE to breastfeed a newborn, in the absence of the few GENUINE contra-indications to breastfeeding, is the REAL child abuse.
All I am saying is that statutes should be better drafted.
After all, Hatchet-for-Hire Heather (Sara Heather Savitz Weiss) prosecuted ME for looking out of my own window when my then-neighbor was causing a commotion in the joint parking lot under my window. Hatchet-for-Hire Heather called it “unwanted visual contact” and “surveillance,” which is criminalized by South Carolina’s harassment and stalking statute, which in turn had been called “a study in bad drafting” in a law article by a now-retired South Carolina Law School professor.
When I tried to challenge the facial constitutionality of that statute, then-South-Carolina-Chief-Justice Jean Toal had then-South-Carolina-Circuit-Judge J. Michelle Childs ghost-write an order to the effect that I, out of all people, may not challenge a statute before that court without a lawyer.
That stupid statute and many others remain on the books because these statutes are written by staffers who do not know the difference between “its” and “it’s,” do not know the rule of the last antecedent, and do not know what an “Oxford comma” is.
The statutes are also interpreted by judges ignorant of a basic rule of separation of powers: the judiciary cannot act without a case or controversy.
Again, be careful how you draft those statutes.