Originally Posted by
Endus
It could be, which is the only reason I'm entertaining it to begin with. If it were civil law like libel, then yeah, intent wouldn't be relevant at all. And the standard of evidence would just be "a reasonable person wouldn't be likely to post this".
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Again, we're not talking libel, here.
You don't have to have a victim, with child pornography. You could draw the child porn, and it would still be child pornography and still illegal, even if no actual children were harmed. See also incitement to riot, which is about the intent and not whether a riot actually occurred. And so on.