On the Use of Underage Images


Last year, Bill Schmalfeldt photoshopped my face into a couple of pornographic homoerotic images which he published on the Internet. Those images and their publication formed part of the basis for the extension of the peace order against him that was issued last December.

One of the images of my face was lifted from a college year book picture. While the yearbook was published for my sophomore year, the picture may be a file photo that was actually been taken in autumn of 1965 during my freshman year. I turned 18 on 31 December, 1965.

Thus, it is possible that one of the pornographic images Schmalfeldt published contains a juvenile image of me.

34 thoughts on “On the Use of Underage Images

  1. I am still searching all the statutes for the satire exception, apparently there is a satire exception to copyright, fraud, coercion, harassment, child porn, child sex, rape, etc

    Someone keeps saying it is. It must be there or why would a person keep claiming it?

    • Maybe that someone is feeling the fear pee running in rivers since it was pointed out to him in unambiguous terms by the late proprietor of the Running Wolf blog and he is indeed a producer of porn under the law and as such bears certain record keeping responsibilities. If he is found to have produced porn using a picture of an underage person…well, I shudder to think what the courts would do to him. But as they say….birds of a feather.

      Apropos to nothing….I wonder if his excellent friend….the one that can’t prove he isn’t a pedo and that lets a convicted pedo live with his young daughters, will be accompanying him to court?

      • §11–207. Child pornography

        (a) A person may not:

        (1) cause, induce, solicit, or knowingly allow a minor to engage as a subject in the production of obscene matter or a visual representation or performance that depicts a minor engaged as a subject in sadomasochistic abuse or sexual conduct;

        (2) photograph or film a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct;

        (3) use a computer to depict or describe a minor engaging in an obscene act, sadomasochistic abuse, or sexual conduct;

        (4) knowingly promote, advertise, solicit, distribute, or possess with the intent to distribute any matter, visual representation, or performance:

        Has anyone seen the First amendment or satire clause in this random MD statute?

        Anyone?

  2. Mr. Hoge,
    I read somewhere, that:

    In Maryland, any person may request, via an Emergency Evaluation form, that another individual be evaluated against their will by an emergency room physician for involuntary admission. If the judge concurs, he will direct the police to escort the individual to the hospital. A licensed physician, psychologist, social worker, or nurse practitioner who has examined the patient or a police officer may bring a potential patient to the emergency room for forced evaluation without approval from a judge. The patient may be kept in the hospital for up to thirty hours. If by then two physicians, or one physician and one psychologist then decide that the patient meets the Maryland criteria for an involuntary psychiatric admission, then he or she may be kept inpatient involuntarily for up to ten days.

    With you living in the Commonwealth I was wondering; have you ever heard such a thing?

  3. The judge certainly disagreed:

    • If he was certain of that he’d just republish the picture. After all, he says he wiped nothing from the Mac so he must still have it right? Or of course he could acknowledge that a judge put the image under seal because of how obscene and disgusting it was and publicly apologize and admit he’s lying again.

      Or he could do what he usually does and stop talking about it realizing he can’t defend it and hope others forget about his foray into gay pornography.

      • But if he has the original… and the sealed version was not the original… is that sealed?
        Who requested the seal?
        I know the late Mr. Malone has seen a copy…
        Obviously the courts could order it unsealed for their own edification.

        Cue Mr. Takei … again.

    • The crazy bag lady that picks aluminum cans out of our dumpster says she’s the Queen of Sheeba. I’d believe her before I’d believe anything it said. If it told me it was raining, I’d walk down five flights of stairs to go outside and check.

      In other news:
      MD Code (Courts & Judicial Proceedings)

      § 10-402.
      (a) Except as otherwise specifically provided in this subtitle it is unlawful for any person to:
      (1) Wilfully (sic) intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;
      (2) Wilfully
      (sic) disclose, or endeavor to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle; or
      (3) Wilfully
      (sic) use, or endeavor to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle.
      (b) Any person who violates subsection (a) of this section is guilty of a felony and is subject to imprisonment for not more than 5 years or a fine of not more than $10,000, or both.

    • “The conversation went something like this” doesn’t suggest an accurate transcription to me.

      Nor does it impute or imply such. 🙂

      • let’s all just remember it in his own words, he can’t be trusted to accurately report anything. He went so far as to say he would have third parties review anything that he wrote. What do you think the chances are that he actually abides by his own standard.

    • Maryland also is an all parties consent, if he has a transcript, and publishes it, then he has run afoul of the all parties consent wiretapping laws

  4. For the record

    The conversation went like this:

    Hello victim, This is a delusional unsold man also known as Free Cart

    “I don’t want any books”

    YOU MUST order my books

    “Go away way away”

    ANSWER THE QUESTION

    Umm, no?

    YOU DONT HAVE A NO CoNTACT ORDER SO ANSWER MY QUESTION

    “bye”

    SO YOU ADMIT TO CARRING OUT CRIMES AGAINST THE STATE?

    “click”

  5. I don’t know… I like how he left Twitter and the “trolls” and focused on his “comedy.”

    Heh.

    Dude really is a danger to himself and others. He can’t help himself.

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