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Author Topic:   H.R. 1913 & S. 909....Pedophile Protection Act of 2009
jwhop
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From: Madeira Beach, FL USA
Registered: Apr 2009

posted May 06, 2009 11:17 PM     Click Here to See the Profile for jwhop     Edit/Delete Message
First, the 14th Amendment demands EQUAL PROTECTION UNDER THE LAWS. You cannot have SPECIAL PROTECTION for some and still have EQUAL PROTECTION for all under the law.

Second, Titles of Nobility were abolished by Article 1, Section 9 of the Constitution. The Nobility had special protections under the laws of most European countries but that system of special protections was specifically prohibited here.

A hate crime label is a specific charge and carries a more severe punishment. In some cases, the punishment for the hate aspects of the crime would be more severe than the underlying charge...say assault and/or battery.

There is no reason for any of this legislation other than it's a payoff for constituency groups of O'Bomber and democrat politicians.

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Dervish
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posted May 07, 2009 01:13 AM     Click Here to See the Profile for Dervish     Edit/Delete Message
I wonder, how many juries would choose to convict under this law?

Even the majority of the gay community hates NAMBLA. The only way I can see any convictions is if a person forgoes the jury trial or if the jury trial is operating under the belief that they must interpret the law as the prosecution does.

Speaking of which...most prosecutors seem to be ambitious, wanting more power. Do you know how easy it would be for rivals to take them down once the mud slinging starts if they ever prosecuted over like a mother or uncle or such slapping a pedophile? Talk about political suicide...

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AcousticGod
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From: Pleasanton, CA
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posted May 07, 2009 02:11 AM     Click Here to See the Profile for AcousticGod     Edit/Delete Message
quote:
Anyone want to argue that Pedophiles DO NOT fall into one or more of these categories?

Uh, Jwhop. I read what you posted, and it said nothing about pedophiles, not a word. You mind finding a passage that does actually confirm what you're trying to put forth?

Your passage says nothing about acting violently towards convicted or unconvicted pedophiles. It only talks about violence in relation to gender, sexual orientation, or gender identity. Obviously being male or female does not make one a pedophile. Obviously being gay doesn't make one a pedophile. Obviously identifying with one gender over the other doesn't make one a pedophile. Being a pedophile makes one a pedophile.

Could a pedophile have a gender, be gay, or identify with a gender? Sure, but so could literally anyone else.

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jwhop
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From: Madeira Beach, FL USA
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posted May 07, 2009 09:57 AM     Click Here to See the Profile for jwhop     Edit/Delete Message
H.R. 1913 & S. 909 say nothing about gays, lesbians, bisexuals or other sexual orientations either. Are you attempting to argue gays, lesbians and bisexuals are not covered by this proposed legislation either?

The proof your analysis is incorrect is found in the actions of the democrat committee majority...when they voted in lockstep to reject the Amendment to the bill which said this:

"The term sexual orientation as used in this act or any amendments to this act does not include pedophilia."

Obviously, the democrat majority Congress believes Pedophiles ARE covered by the "Pedophile Protection Act of 2009".

Good points Dervish.

However, whether or not a jury convicts under this new statute is immaterial. The law will be on the books and if charged, anyone formally charged will have to hire an attorney and undergo an expensive trial. Trials like this tend to bankrupt parties and destroy lives. Besides, this proposed legislation violates the Equal Rights under the Laws provision of the 14th Amendment.

Well, if the gay community hates NAMBLA then why...since this is an extension of so called civil rights law..why is protection for Pedophiles any part of this proposed legislation. We understand this is a payoff by democrats and O'Bomber for the gay community election support.

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AcousticGod
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From: Pleasanton, CA
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posted May 07, 2009 11:19 AM     Click Here to See the Profile for AcousticGod     Edit/Delete Message
The term "sexual orientation" NEVER HAS referred to pedophilia.
http://www.eeoc.gov/facts/fs-orientation_parent_marital_political.html
http://www.opm.gov/er/address2/guide01.asp
http://civilliberty.about.com/od/gendersexuality/g/sex_orientation.htm

As such, there is no need to include a definition that's not implied by the terminology.

If pedophilia was under the umbrella of "sexual orientation" a daycare in California couldn't discriminate against a pedophile.

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jwhop
Knowflake

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From: Madeira Beach, FL USA
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posted May 07, 2009 11:56 AM     Click Here to See the Profile for jwhop     Edit/Delete Message
http://www.eeoc.gov/facts/fs-orientation_parent_marital_political.html

A EEOC site which talks about "sexual orientation" in general without defining the term.

Here you are attempting to say Pedophilia/Pedophiles AREN'T sexually oriented. Strike one.

http://www.opm.gov/er/address2/guide01.asp
The Office of Personnel Management also uses the term "sexual orientation" without defining the term.

Here you are attempting to say Pedophilia/Pedophiles AREN'T sexually oriented. Strike two.

http://civilliberty.about.com/od/gendersexuality/g/sex_orientation.htm
About dot com...not an especially good source to quote...also uses "sexual orientation" without really defining the term.

Here you are attempting to say Pedophilia/Pedophiles AREN'T sexually oriented when the term itself..Pedophilia comes from the word pederasty...which means: :sexual relations between two males, esp. when one of them is a minor..as in NAMBLA, North American Man Boy Love Association..for whom "special protections" are being sought by democrats. Strike three...you're out.

Do you really think a daycare center in CA or anywhere else which refuses to hire a Pedophile...is practicing discrimination?

Don't worry acoustic; if this legislation passes, day care centers in CA or anywhere else will no longer be able to "discriminate" against Pedophiles.

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AcousticGod
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From: Pleasanton, CA
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posted May 07, 2009 12:27 PM     Click Here to See the Profile for AcousticGod     Edit/Delete Message
I'm saying what is obvious, which is that this bill doesn't address pedophiles, and certainly makes no claims to protect them. When you can find a U.S. court case that puts pedophilia under the umbrella of "sexual orientation" we'll talk. Until then, you're just talking out your ass as usual.

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katatonic
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posted May 07, 2009 01:15 PM     Click Here to See the Profile for katatonic     Edit/Delete Message
the long and short of it is that it is not a special "protections" act at all but a special "penalties" act for people who consider colour, religion, nationality, gender, sexual orientation, handicap etc justification for attack. in other words whatever "group" you belong to that is not reason enough in itself to justify someone attacking you.

so the pedophile, whether included in the definition or not, has not got SPECIAL protection. the person who "profiles" people for elimination/punishment is considered more dangerous than someone who assaults someone for INDIVIDUAL reasons.

which COULD be considered a good thing, since we worry about the govt profiling people it actually gives an argument against it.

but i still don't see how they will ever prove beyond a reasonable doubt what someone's motives/prejudices are.

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jwhop
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From: Madeira Beach, FL USA
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posted May 07, 2009 01:20 PM     Click Here to See the Profile for jwhop     Edit/Delete Message
In order to believe what you say you believe...but don't, one must adopt the insane notion Pedophilia IS NOT A SEXUAL ORIENTATION.

This flies in the face of fact. Fact, Pedophiles are sexually attracted to children and indulge their attraction by sexually assaulting children.

Your main objection to this thread...and line of reasonable reasoning is that it makes your democrat icons look like the corrupt, bungling, brain dead boobs they really are...including O'Bomber.

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jwhop
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From: Madeira Beach, FL USA
Registered: Apr 2009

posted May 07, 2009 01:37 PM     Click Here to See the Profile for jwhop     Edit/Delete Message
katatonic, let's see what Gay and Lesbian Rights Lawyers have to say about whether or not special civil rights are intended to be protective of the selected groups.

"Are Gays and Lesbians Afforded Civil Rights Protections against Discrimination?"

"Gay and lesbian groups as well as the ACLU are at the forefront in lobbying the federal government to provide the same civil rights protections afforded to racial minorities, women, the disabled, and the elderly."

"Whereas the Hate Crimes Prevention Act was limited to violence associated with race or religion, the Local Law Enforcement Act (LLEA) extends basic hate crime protections to include violence based on:
Sexual orientation
Gender
Disability"
http://www.legalmatch.com/law-library/article/gay-and-lesbian-rights.html

quote:
the long and short of it is that it is not a special "protections" act at all but a special "penalties" act for people who consider colour, religion, nationality, gender, sexual orientation, handicap etc..katatonic

What don't you understand that attaching special charges and additional punishment for crimes categorized as "hate crimes" IS intended to be "protection" for the "protected class(es)"?

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katatonic
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posted May 07, 2009 02:11 PM     Click Here to See the Profile for katatonic     Edit/Delete Message
there is no "special" protection involved. so why do you call it the pedophile protection act? because that is the only way you can discredit what is really meant to protect ANYONE including yourself from hate crimes...?

so i will not be able to burn your house down for your leftist-hating rhetoric either!!

do you honestly believe that a registered sex-offender should be fair game for any vigilante citizen in the area? what are you REALLY complaining about?

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katatonic
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posted May 07, 2009 02:21 PM     Click Here to See the Profile for katatonic     Edit/Delete Message
and as far as your definition goes, pedophile is actually a misspelling - should be paedophile as in paediatrics which has nothing to do with males, but children. and as children have special protection under the law i would think a paedophile would also get extra penalties for their crimes against a group - minors!

but what you call "special protection" is just another way of covering people who think their crimes are justifiable because of a person's beliefs/practices which happen not to agree with your own...a criminal is still a criminal. it doesn't protect a paedo from the consequences of his crime, just from lynching or having his business turned away because of who he is.

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jwhop
Knowflake

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From: Madeira Beach, FL USA
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posted May 07, 2009 02:27 PM     Click Here to See the Profile for jwhop     Edit/Delete Message
Do at least try to focus and read with comprehension katatonic.

Establishing special protections for any class of citizens of the United States violates the "Equal Protection of the Laws" provision of the 14th Amendment.

Additional penalties for harming certain classes of people..including Pedophiles..in the proposed hate crime legislation is intended as a protective act by over penalizing the action itself.

This is elementary katatonic, elementary.

BTW, if you won't take the word of Gay Rights attorneys as to the object of hate crimes legislation as an act of "protection", just whose word would you take?

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AcousticGod
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From: Pleasanton, CA
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posted May 07, 2009 03:16 PM     Click Here to See the Profile for AcousticGod     Edit/Delete Message
What's elementary is that no protection is given to pedophiles under this bill, even without a Republican clarification of what sexual orientation means, because sexual orientation is legally always taken to relate to issues of equal protection for those regardless of whether one is straight or gay. Under this bill gay people engaged in stoning a straight person for reasons of that person being straight is against the law, and vice versa; violence as a result of the aggressor's bias against the victim's sexual orientation is part of what this law encompasses. Sexual orientation is NOT about pedophilia. And Kat is right that it's not special or unequal protection either.

So once again, prove that pedophilia LEGALLY falls under the umbrella of what is termed as "sexual orientation" and we'll talk. Otherwise, you've got nothing. It has nothing to do with protecting members of a political party. They don't need protection from an 100% false premise.

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AcousticGod
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From: Pleasanton, CA
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posted May 07, 2009 04:02 PM     Click Here to See the Profile for AcousticGod     Edit/Delete Message
Thinking about this is like thinking about those drug dealers who call the cops when someone steals their drugs: they have to admit to being a criminal in order to report the crime.

In the case of pedophiles, they'd be even more stupid to do this as they'd be mistaking themselves as having protection through this hate crime bill when it's not there.

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jwhop
Knowflake

Posts: 277
From: Madeira Beach, FL USA
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posted May 07, 2009 04:51 PM     Click Here to See the Profile for jwhop     Edit/Delete Message
Pedophilia IS a sexual orientation. Therefore Pedophiles are members of the protected class(es) under the proposed legislation..The Pedophile Protection Act of 2009.

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cpn_edgar_winner
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From: Toledo, OH
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posted May 07, 2009 04:53 PM     Click Here to See the Profile for cpn_edgar_winner     Edit/Delete Message
your confusing me is it a pedophile protection act or not?

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katatonic
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posted May 07, 2009 04:55 PM     Click Here to See the Profile for katatonic     Edit/Delete Message
all of which makes your hypothesis that smacking a paedophile for abusing your child is considered a "hate crime" still IRRELEVANT. you are not attacking said perp for his "orientation" but for hurting your child. that is NOT the same as burning down the home of your local registered sex-offender because you think he is disgusting(or even tripping him in the street so he falls and hurts himself).

and if YOU can't tell the difference there is nothing i can do to change you.

if you get right down to it pretty much anything could be called a hate crime but proving beyond a reasonable doubt that bigotry is the motive is going to be pretty hard.

and the more you talk about it the less sense your argument makes. so spare me the condescension.

i have taken your advice and re-read some of this stuff and there is a difference between this bill and the 14th, which talks about "any STATE" but not about any "individual" which the bill does. in other words it is not only unlawful for the law (ours or others') to discriminate against a group of people, but for individuals to perpetrate crimes against individuals because of their group affiliations.

i don't think pedophiles actually form groups to further their agenda. and i don't think there is any provision being made for protecting them from the legal consequences of their crimes, EVEN IF you can construe them to be among the protected groups. that it might protect them from lynching or any other violent punishment from the community or individuals really only reinforces the idea that you can't take the law into your own hands and won't be excused for your prejudices.

its not that the bill writers/voters consider pedophiles MORE entitled to protection, but that they are not LESS entitled to the protection of the law when in the community than you or i.

the legal solutions to paedophiles aren't even close to perfect but that doesn't make it okay for people to take violent action against them BECAUSE they are pedophiles.

none of which comes near making this a Pedophile Protection act.

it just says that no group of people is outside the protection of the law because they belong to a group you don't approve of.

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katatonic
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posted May 07, 2009 05:02 PM     Click Here to See the Profile for katatonic     Edit/Delete Message
and you are still right, it is basically a superfluous piece of paper. taking the law into your own hands has always been illegal as far as i know. and this doesn't change a thing actually.

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AcousticGod
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From: Pleasanton, CA
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posted May 07, 2009 05:06 PM     Click Here to See the Profile for AcousticGod     Edit/Delete Message
No, it's not cpn. He's mischaracterizing it...and by now he knows it.

There is no legal precedent for pedophilia falling under the umbrella of the term "sexual orientation." Sexual orientation speaks to one's romantic gender preference amongst age appropriate partners, and nothing else. Pedophiles are not protected under any U.S. law dealing with sexual orientation. Like I illustrated with the drug dealer scenario above, a pedophile would have to admit to criminal activity in order to seek protection under this bill if this bill was legally deemed to protect pedophiles. It's hard to ask for legal protection when you're engaged in illegal activity. This is a ruse.

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Dervish
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posted May 07, 2009 05:17 PM     Click Here to See the Profile for Dervish     Edit/Delete Message
I doubt anyone outside World News Daily and the like have even considered the possibility of this law being used on behalf of pedophiles. It's like how killing a turkey for Thanksgiving is technically illegal in Texas because of a law there that bans the killing of animals for any ritual observances or some such, but it has never, to my knowledge, ever been used to prosecute someone who killed a turkey for Thanksgiving.

I can see how IN THEORY it could, since such acts may not merely be revenge or rage, but also meant to deter future child molesting in others (which is where "hate laws" are supposed to come in, when an act of violence targets an entire community rather than an individual).

I agree, pedophilia is a sexual orientation. As a runaway, I've been around enough pedos and such to know. They hang in their own crowds just as the gays and lesbians hang in theirs. Even more interesting is that the pedos generally don't count preference of gender--that is, a guy into little girls is more likely to relate to another guy into little boys than either is likely to relate to a guy into women or men. And at least some of them see nothing wrong with what they do, think their victims want is as much (or even more than) they do, and figure the rest of society is just prudish.

And in theory, necrophilia, bestiality, etc, are also orientations. Very sad and baffling ones, but this is what draws them.

Still, vigilantism over this is already illegal. I can't see a hate crime law being used to go after them (granted, the system is always doing something stupid, so I can't discount the possibility).

And children, animals, corpses and the like can't legally provide consent, so there's no chance of such people of ever stepping out of the shadows (save to get help of some kind).

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Node
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From: Nov. 11 2005
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posted May 07, 2009 06:01 PM     Click Here to See the Profile for Node     Edit/Delete Message
pedophilia or paedophilia is a psychological disorder. Yes they orientate themselves, by having a preference, but they are predatory. to compare it to hetero or homosexual consensual sex, which you ARE doing, means that we all suffer from a disorder if we have a preference.
    This is mis read by the OP most likely because of a very virulent form of homophobia.
Bowing and scraping to gays? Geezus
    Where did you get pedophiles out of this???
http://www.govtrack.us/congress/billtext.xpd?bill=h111-1913&version=rfs&nid=t0%3Arfs%3A16

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Node
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From: Nov. 11 2005
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posted May 07, 2009 06:36 PM     Click Here to See the Profile for Node     Edit/Delete Message
related bills as the op has only posted opinion links...and no did not open them. I went to the source. http://www.govtrack.us/congress/bill.xpd?bill=h111-1913&tab=related

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katatonic
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posted May 07, 2009 06:49 PM     Click Here to See the Profile for katatonic     Edit/Delete Message
the whole "pedophile protection act" is an attempt to throw the baby out with the bathwater. ie because they interpret it as protection for pedophiles the whole bill must be evil.

cpn the only way this protects pedophiles is it says while they are law-abiding you can not punish them for their past or their future. same can be said for you. or me.

if i thrash a guy for diddling my grandson it is not a "hate crime" but it's still taking the law into my hands; if i clobber him WHILE he is doing it i am protecting the child - justifiable battery. if i clobber him because i've heard "people like him" always offend again and next time it could be my child, THAT is a hate crime.

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AcousticGod
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From: Pleasanton, CA
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posted May 07, 2009 07:04 PM     Click Here to See the Profile for AcousticGod     Edit/Delete Message
I don't think it even says that. I don't think pedophilia enters in to the equation as a protected group.

If you read the text of the bill, which is quite short, this bill only takes affect... well here, I'll get it for you:


    ‘(b) Certification Requirement- No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that--

    ‘(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and
    ‘(2) such certifying individual has consulted with State or local law enforcement officials regarding the prosecution and determined that--

    ‘(A) the State does not have jurisdiction or does not intend to exercise jurisdiction;
    ‘(B) the State has requested that the Federal Government assume jurisdiction;
    ‘(C) the State does not object to the Federal Government assuming jurisdiction; or
    ‘(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.


So this bill only comes into action with regard to hate crimes when there's an perception that "bias-motivated violence" hasn't already been sufficiently dealt with in the original jurisdiction. Even if pedophilia fell under the umbrella of what is considered "sexual orientation" it's doubtful that such a case would grow legs, and get submitted for Federal prosecution. No one's going to try to say a pedophile was the victim of a hate crime, not any more than they'd be inclined to say any other kind of criminal was the victim of a hate crime. It's impractical to think such a thing would occur.

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