When you get a bunch of people you will get inconsistency. It's just the way we are built as humans. There's duality even in each one of us.
The problem is that a government, especially one like the US tries to be, has to come to a compromise between "Protecting the public" and "allowing freedoms". Sometimes these things contradict each other. That's where the inconsistency comes in.
Here's a bit of inconsistency for you. If two consenting adult people in an adults only environment can get banned from the SL because they role play a child-adult sex scene, why can a porno company can make a porno of an adult woman playing a character of "not Cindy Brady" having sex with an older man?
Let me go a little further. Why is the idea of an adult male role playing a child molester with an adult female role playing a twelve year old would most likely bring out a disturbing picture in one's mind, yet the idea of an adult female Dominatrix role playing a mother with an adult male role playing a baby most likely would bring out an amusing image in most people's minds. Both are age play.
Part of it is culture. Clearly, the Japanese have a lot of age play in their culture and cartoons, but do you think every Japanese person is a pedophile? Of course not.
Part of it is our reactions. For example, teenagers may be sending naked pictures of themselves to other people over cell phones, but really, how many of us played doctor, or flashed someone else, when we were young? And, it wasn't always for the sexual thrill, sometimes it was just to get a reaction. To be sure, I'm not advocating that teenagers should do that, because it's stupid and could be embarrassing, but you know, the real damage isn't the exposure of skin, the real damage is how people react to it. If no big deal is made of the picture or the flash or the game of doctor, usually, nothing happens. But once people make it a big deal, it snowballs.
Part of it is our own thoughts. If someone gets aroused by a picture, whatever it may be, if that person feels badly about getting aroused or is scared of their own reaction, there's another inconsistency.
Part of it circumstances. For example, if a husband and wife often age play with each other, and as a turn on for his wife, he writes a story about him raping her at age sixteen, with the intent of turning her on, is that romantic and loving or sick and depraved or even a mix or all of the above? Well, the answer is "it depends on X and Y and/or Z".
I think sex is the hardest thing to compromise on legally. There are so many different circumstances, thoughts, culture and reactions. The only real consistency, in my humble opinion, is when someone's sexual fantasies aren't enough to remain so. And choose the real thing without care to the harm of others, or even really desiring the real harm of others.
For example, as a Dom, myself, I love to blindfold, tie, spank my girl. But there are limits to it. I don't want her permanently damaged, I don't want her bruised, crying, distrustful, or worried about if I'm going to beat her so badly she'd have to go to the hospital. I love her beyond measure. That's why when I tie her up, I have scissors close by to cut her loose if there is an emergency, that's why she has a safe word and a safe move when it gets too much for her, that's why I only spank her ass, not her face, not her stomach, not her kidneys, and never ever with a closed fist.
There's the line. It's a duality, but it's a safe one. It's easier with one or two people. It gets much much harder with a nation of people.
...sorry for being verbose, but I hope I answered your question.
Hello, JFrankA. Yep, you reinforced the inconsistency in laws and further confused me
It is much easier in terms of single relationships than a whole nation...and the problem with regards to pornography is that the laws might curtail freedoms with good intentions, but...they haven't really demonstrated effectiveness with regards to protecting those intended to be protected from criminals. I think there is a good argument to be made that if someone is pre-disposed (I'm not sure how we measure that, though) to crimes against children, they would latch on to just about anything that would, in their minds, justify that decision. I am sad to say that I have known some people who, in my opinion, were quite abusive to their children, and justified it with religion. Criminals don't pay attention to laws...or they wouldn't be criminals.
Double edged sword. On the one hand, I would like to see streamlined laws regarding child protection and encouragement of public involvement in reporting suspected abuse. But...even *that* has been used in pretty disgusting ways as retaliation/revenge or what have you. So...children are or can be exploited by the laws in two ways...by the law being broken, or the law being abused for nefarious reasons. People have a cruel streak in them. I think we all do, really. We are all capable of cruelty. And sadly, some people falsely report parents for abuse just because they get mad or fight over a property line or a parking space.
I just don't know the answer.