>"Justice Minister Marco Buschmann said the upper limit will stay in place, but the new minimum sentence has resulted in “numerous problems in practice.”
>“In particular, people who receive such material involuntarily — for example in the context of a WhatsApp parents’ group — risk a minimum sentence of one year,” Buschmann said in a statement. The same, he added, also applies “in the case of teachers who have discovered child pornographic material on students’ cellphones and have forwarded it to alert the affected parents.”
I've got a sneaking suspicion that this is meant as a weapon in order to target people with false accusations of CP possession, as much as it is for coddling pedophiles....say....holohoax deniers?🤔
I'd guess get the issue if people who were coming into literal accidentally possession or discovering it on a students phone were literally being prosecuted, though specific exemptions or defenses could be provided in lieu of a blanket reduction that appears to leave sentencing purely to judge.
In the first case, the person is still guilty, but not sentenced. In the latter, they're innocent. The latter makes way more sense.
I should add that I'm not buying that teachers who find it in a kids phone or accidental possessors are actually being prosecuted. I want a specific case.