Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Maryland Leaders Opposing Stronger Child Pornography Laws
PRNewswire-USNewswire ^ | March 21, 2007 | PROTECT

Posted on 03/21/2007 12:04:08 PM PDT by markchild

PROTECT says state is safe haven for child sexual predators

WASHINGTON, March 21 /PRNewswire-USNewswire/ -- Maryland has become a legal safe haven for child pornography traffickers, the National Association to Protect Children (PROTECT) said today, and the state's political leaders are fighting to keep it that way.

PROTECT launched a national grassroots campaign on Wednesday to demand that Maryland strengthen its laws against child pornography. Maryland is one of just five states remaining in the U.S. with misdemeanor penalties for child pornography possession, and PROTECT says that hurts children everywhere.

"This is not just a Maryland issue," said PROTECT spokesperson Alison Arngrim today. "When a sexual predator in Maryland goes online to get child pornography, a child somewhere will be raped to supply those movies and images. In the Internet age, children around the world are paying the price for Maryland's tolerance of child pornography."

PROTECT says a major part of the problem in Maryland is Delegate Joseph Vallario (D-Suitland), Chairman of the House Judiciary Committee. In recent days, Vallario's committee considered bills sponsored by 29 House members to toughen child pornography penalties. But the only legislation that survived, says PROTECT, was a weak and watered-down bill (House Bill 285) that keeps possession of child pornography a misdemeanor, punishable by a fine.

(Excerpt) Read more at prnewswire.com ...


TOPICS: Crime/Corruption; News/Current Events; US: Maryland
KEYWORDS: childpornography; democrats; liberals; maryland; moralabsolutes
Navigation: use the links below to view more comments.
first previous 1-2021-37 last
To: little jeremiah

Thanks for the ping.


21 posted on 03/23/2007 7:01:46 AM PDT by GOPJ (Club of Rome had half the world's population dead by the year 2000 -freeper driftless2)
[ Post Reply | Private Reply | To 19 | View Replies]

To: GOPJ

I seem to be back...!


22 posted on 03/23/2007 8:06:43 AM PDT by little jeremiah (Only those who thirst for truth can know truth.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: metmom

It also seems common sense that the tiny cases of someone having porn - especially child porn - on their computer totally by accident would be easily detected. OTOH, a computer loaded up with the stuff, which, if I understand what I read, is generally not for free but must be sought out and paid for, makes it clear who is guilty.

I used to have a yahoo email account and I gave it up because it would be loaded up with porn ads. I never saw any ones that mentioned children - and I never opened even any of them. Just checked delete. If someone's smart enough to be able to use a computer - even a totally non-technical person like me - and avoid having porn hidden in their computer - it doesn't sound like a common thing.


23 posted on 03/23/2007 8:11:15 AM PDT by little jeremiah (Only those who thirst for truth can know truth.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: metmom
OTOH, you can clean up your computer. The chances of someone just happening to look at your computer before you have a chance to clean it up are infinitesimal. A computer loaded with the stuff indicates someone who is using it.

A large proportion of computer users are barely competent to use Outlook Express. Truly cleaning a computer once a virus has struck takes real effort even if you know what you're doing - and suggest cleaning to Joe Public and he will come back with a wet rag and start dusting.

Well meaning laws written by technologically illiterate legislatures don't distinguish in the slightest between a virus free computer with a hand sorted "Child Porn" directory and a file called:

"http://childpornwebsite.com/media/childporn1x1.gif?&tstatus=displayed &type=child&Total=4&adTotal=0&prefTotal=4&basicTotal=0&styleid=100793075 &dl1=p_373752&dl2=p_373854&dl3=p_365531&dl4=p_303961&zip=90802&synpartner=24 &page_code=optionsresults&ps_partner=&dvd=nd&child=nd&dlts=%201174405317968"

placed by malware in a hidden, temporary directory without input from the user.

Until this is addressed, having digital possession a crime at all is already scarily bad law and making it a felony would make it worse.

24 posted on 03/23/2007 8:32:03 AM PDT by CGTRWK
[ Post Reply | Private Reply | To 20 | View Replies]

To: CGTRWK
Truly cleaning a computer once a virus has struck takes real effort even if you know what you're doing - and suggest cleaning to Joe Public and he will come back with a wet rag and start dusting.

ROTFLOL! Too true. My daughter is a CS major and some of the stories her computer geek friends have come back with make that scenario look brilliant.

That's why the computer part is so iffy. Before we had pop-ups blocked, we'd run into problems because we'd just go to click on something and a pop up would show up under the cursor just as you were clicking and there's no way to stop in mid click. We ended up having to clean out our computer from that a few times.

25 posted on 03/23/2007 9:50:29 AM PDT by metmom (Welfare was never meant to be a career choice.)
[ Post Reply | Private Reply | To 24 | View Replies]

To: rednesss

My guess is that you don't know what child porn is or what it does to children. Taking innocent pictures of children in bathtubs isn't what child porn is about. Raping children, them crying out "daddy stop", bondage deplictions, etc...that isn't a bathtub photo. If you'd like to keep child porn a misd. in MD then let your children be the victims. Or maybe you think that it's ok to take a picture of a baby being raped? You have to be very sick to want to keep child porn a misd. in MD.


26 posted on 03/24/2007 8:54:54 AM PDT by Protector (www.protect.org)
[ Post Reply | Private Reply | To 16 | View Replies]

To: TKDietz

Have you watched the news lately? Do you see that Judges are giving these offenders sweetheart sentences? Do you really want the children of MD even more of a victim because their abuser is fined?


27 posted on 03/24/2007 8:54:56 AM PDT by Protector (www.protect.org)
[ Post Reply | Private Reply | To 15 | View Replies]

To: markchild
I am SO glad I'm outta this state in the next 6 months. It feels great to say that.
28 posted on 03/24/2007 8:58:48 AM PDT by Vision ("Be delighted with the Lord. Then he will give you all your heart's desires." Psalm37:4)
[ Post Reply | Private Reply | To 1 | View Replies]

To: lesko

DITTO! But it will be where all of the child porn viewers will be living when they find out that MD will be one of the last states where child porn is a felony. Are those the people that MD wants living in their back yard?

Did you know that there are web sites out there that give laws to those that are interseted showing what state has weak law when it comes to protecting children. MD will be on the top of their list for child porn viewers!


29 posted on 03/24/2007 9:02:25 AM PDT by Protector (www.protect.org)
[ Post Reply | Private Reply | To 13 | View Replies]

To: markchild

The interesting feature of the struggle against malignant vice is the lack of any effective resistance. Pornographers, sodomites, drug worshipers,kiddie exploiters go from triumph to triumph.


30 posted on 03/24/2007 9:12:32 AM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
[ Post Reply | Private Reply | To 1 | View Replies]

To: the_devils_advocate_666

The other states are: california, Iowa, Maine and Oregon.


31 posted on 03/24/2007 10:52:27 AM PDT by markchild
[ Post Reply | Private Reply | To 5 | View Replies]

To: TKDietz

1) The bill in question (SB 1003) makes allowances for "the baby on the bearskin rug" kind of pictures.
2) The bill in question makes allowances for *accidental* possession.
3) In a study done by NCMEC and CACRC it was found that two-thirds of the people convicted for luring or attempting to lure children over the Internet possessed child pornography.
4) A study done by NCMEC and CACRC found the following breakdown about possessors of child pornography:
80% had images of children aged 6-12
19% had images of infants and toddlers
83% had images of rape
21% had images of sadistic abuse and torture
1% limited their "collections" to images of nude children.
5) Most misdemeanors are not eligible for consecutive sentencing, so 100 convictions would still be a paroleable offense. Also Maryland does not require mandatory sex offender registration for possession -- the only state in the US to not require it.

[NCMEC=National Center for Missing and Exploited Children and CACRC= Crimes Against Children Research Center]

Child Pornography is the memorialized evidence of the rape and torure of a child. People who possess it contribute to the demand for more child victims. And personally, anyone who thinks that some guy who just watches the online, real-time, rape of a child over the Internet is not a danger to children is insane. Just my opinion.


32 posted on 03/24/2007 11:16:52 AM PDT by markchild
[ Post Reply | Private Reply | To 15 | View Replies]

To: CGTRWK

Federal law has an affirmative defense for accidental possession, and most states have copied this in their child pornography laws as well.

Also when's the last time you heard about someone being convicted and only having a few images? While they may be convicted on one count, I'm sure if you asked the investigators they will tell you they had thousands of images and took a deal to plea to a single count. Law enforcement doesn't have the time or resources to go after accidental possession. Out of curiosity I called the Internet Crimes Against Children research center in my state and asked them if they'd ever found someone with less than 10 images of child porn on their computer. The guy laughed and said they'd be happy if they could find one with less than a thousand, and that didn't include DVD's, CD's, video tapes, etc.


33 posted on 03/24/2007 11:23:51 AM PDT by markchild
[ Post Reply | Private Reply | To 24 | View Replies]

To: markchild
This one isn't child porn, but it is porn: Julie Amero, a computer illiterate substitute teacher in Connecticut, was convicted of four felony counts and is facing up to 40 years in prison because a school computer infected with a virus displayed a few pornographic popup ads to 7th graders.

A rule of law society needs stronger safeguards than "law enforcement won't have the time to actually prosecute laws on the books." There will be a politically motivated, or hardline ideological, or just plain incompetent prosecutor who can and will prosecute.

The front page of foxnews.com has no fewer than 65 seperate image files. The front page of CNN.com has 126(!). Every one of these will be seperately saved to a hidden cache directory on your PC when you visit. Child porn websites are no different. Just a few malicious redirects over a period of months or even years will leave the requisite "hundreds of images" for slam dunk prosecution.

34 posted on 03/24/2007 12:23:47 PM PDT by CGTRWK
[ Post Reply | Private Reply | To 33 | View Replies]

To: markchild
"Also when's the last time you heard about someone being convicted and only having a few images?" Not too long ago.

Police blotter" is a weekly News.com report on the intersection of technology and the law.

What: Teenagers taking risque photos of themselves are prosecuted for violating child pornography laws.

When: Florida state appeals court rules on January 19.

Outcome: A 2-1 majority upholds conviction on grounds the girl produced a photograph featuring the sexual conduct of a child.

What happened, according to court documents:

Combine unsupervised teenagers, digital cameras and e-mail, and, given sufficient time, you'll end up with risque photographs on a computer somewhere.

There's a problem with that: Technically, those images constitute child pornography. That's what 16-year-old Amber and 17-year-old Jeremy, her boyfriend, both residents of the Tallahassee, Fla., area, learned firsthand. (Court documents include only their initials, A.H. and J.G.W., so we're using these pseudonyms to make this story a little easier to read.)

On March 25, 2004, Amber and Jeremy took digital photos of themselves naked and engaged in unspecified "sexual behavior." The two sent the photos from a computer at Amber's house to Jeremy's personal e-mail address. Neither teen showed the photographs to anyone else.

Court records don't say exactly what happened next--perhaps the parents wanted to end the relationship and raised the alarm--but somehow Florida police learned about the photos.

Amber and Jeremy were arrested. Each was charged with producing, directing or promoting a photograph featuring the sexual conduct of a child. Based on the contents of his e-mail account, Jeremy was charged with an extra count of possession of child pornography. Court records don't say exactly what happened next...but somehow Florida police learned about the photos.

Some more background: Under a 1995 ruling in a case called B.B. v. State, the Florida Supreme Court said that a 16-year-old could not be found delinquent for having sex with another 16-year-old.

"The crux of the state's interest in an adult-minor situation is the prevention of exploitation of the minor by the adult," the majority said at the time. The court ruled that a Florida statute punishing sex between teens was "unconstitutional as applied to this 16-year-old as a basis for a delinquency proceeding."

The same applies to Amber and Jeremy. Even though he is a year older than her, he is still a minor in Florida.

In other words, under Florida law, Amber and Jeremy would be legally permitted to engage in carnal relations, but they're criminals if they document it.

Amber's attorney claimed that the right to privacy protected by the Florida Constitution shielded the teen from prosecution, an argument that a trial judge rejected. Amber pleaded no contest to the charges and was placed on probation, though she reserved her right to appeal her constitutional claim.

By a 2-1 vote, the appeals court didn't buy it. Judge James Wolf, a former prosecutor, wrote the majority opinion.

Wolf speculated that Amber and Jeremy could have ended up selling the photos to child pornographers ("one motive for revealing the photos is profit") or showing the images to their friends. He claimed that Amber had neither the "foresight or maturity" to make a reasonable estimation of the risks on her own. And he said that transferring the images from a digital camera to a PC created innumerable problems: "The two computers (can) be hacked."

Judge Philip Padovano dissented. He wrote that the law "was designed to protect children from abuse by others, but it was used in this case to punish a child for her own mistake. In my view, the application of this criminal statute to the conduct at issue violates the child's right to privacy under Article 1, Section 23 of the Florida Constitution."

Excerpt from Wolf's majority opinion:

As previously stated, the reasonable expectation that the material will ultimately be disseminated is by itself a compelling state interest for preventing the production of this material. In addition, the statute was intended to protect minors like appellant and her co-defendant from their own lack of judgment...

Appellant was simply too young to make an intelligent decision about engaging in sexual conduct and memorializing it. Mere production of these videos or pictures may also result in psychological trauma to the teenagers involved.

Further, if these pictures are ultimately released, future damage may be done to these minors' careers or personal lives. These children are not mature enough to make rational decisions concerning all the possible negative implications of producing these videos.

In addition, the two defendants placed the photos on a computer and then, using the Internet, transferred them to another computer. Not only can the two computers be hacked, but by transferring the photos using the Net, the photos may have been and perhaps still are accessible to the provider and/or other individuals. Computers also allow for long-term storage of information which may then be disseminated at some later date. The state has a compelling interest in seeing that material which will have such negative consequences is never produced.

Excerpt from Padovano's dissent:

If a minor cannot be criminally prosecuted for having sex with another minor, as the court held in B.B., it follows that a minor cannot be criminally prosecuted for taking a picture of herself having sex with another minor. Although I do not condone the child's conduct in this case, I cannot deny that it is private conduct. Because there is no evidence that the child intended to show the photographs to third parties, they are as private as the act they depict...

The majority concludes that the child in this case did not have a reasonable expectation that the photographs would remain private. To support this conclusion, the majority speculates about the many ways in which the photographs might have been revealed to others. The e-mail transmission might have been intercepted. The relationship might have ended badly. The boyfriend might have wanted to show the photo to someone else to brag about his sexual conquest. With all due respect, I think these arguments are beside the point. Certainly there are circumstances in which the photos might have been revealed unintentionally to third parties, but that would always be the case.

That the Internet is easily hacked, as the majority says, is not material. The issue is whether the child intended to keep the photos private, not whether it would be possible for someone to obtain the photos against her will and thereby to invade her privacy. The majority states that the child "placed the photos on a computer and then, using the Internet, transferred them to another computer," as if to suggest that she left them out carelessly for anyone to find. That is not what happened. She sent the photos to her boyfriend at his personal e-mail address, intending to share them only with him.

The method the child used to transmit the photos to her boyfriend carries some danger of disclosure, but so do others. If the child had taken a printed photograph and placed it in her purse, it might have been disclosed to third parties if her purse had been lost or stolen. If she had mailed it to her boyfriend in an envelope, it might have been revealed if the envelope had been delivered to the wrong address and mistakenly opened. As these examples illustrate, there is always a possibility that something a person intends to keep private will eventually be disclosed to others. But we cannot gauge the reasonableness of a person's expectation of privacy merely by speculating about the many ways in which it might be violated.

The critical point in this case is that the child intended to keep the photographs private. She did not attempt to exploit anyone or to embarrass anyone. I think her expectation of privacy in the photographs was reasonable. Certainly, an argument could be made that she was foolish to expect that, but the expectation of a 16-year-old cannot be measured by the collective wisdom of appellate judges who have no emotional connection to the event. Perhaps if the child had as much time to reflect on these events, she would have eventually concluded, as the majority did, that there were ways in which these photos might have been unintentionally disclosed. That does not make her expectation of privacy unreasonable.

35 posted on 03/25/2007 12:08:40 AM PDT by rednesss
[ Post Reply | Private Reply | To 33 | View Replies]

To: Protector

Just because you read a about a couple of "sweetheart sentences" for sex offenders does not mean that is the norm. And some guy that has a dirty picture on his computer and the person in the picture happens to be under the age of 18 does not make this person an abuser.


36 posted on 03/26/2007 6:53:59 AM PDT by TKDietz (")
[ Post Reply | Private Reply | To 27 | View Replies]

To: markchild
The bill you are talking about makes possession of these pictures a felony and requires anyone convicted serve a mandatory minimum of 2 years for a first offense. It doesn't really make allowances for accidental possession. If you took your computer into the shop and the people working on it happened to find some dirty pictures of minors and they turned your computer over to the police you would be charged with a felony crime and you would have to prove that you took reasonable steps to destroy them without letting anyone else see them. You would have to prove it because it is an "affirmative defense," which shifts the burden of proof to you. If you showed your wife (or husband) what you found on your PC that affirmative defense would be gone. You couldn't use that defense because the proposed law specifically states that in order to avail yourself of the affirmative defense you must not have shown anyone other than law enforcement.

Kiddie porn is bad stuff. I'm not pro kiddie porn or anything like that. I just know that laws can have unintended consequences. We have to be really careful about what sort of laws we have. If SB 1003 had have passed, I think you would have seen people packed off to prison who really didn't deserve to be there. You would have had a lot of people pleading to equal or lesser sex crimes too, rather than face a jury and a mandatory minimum prison sentence. Almost all criminal cases are resolved by plea bargain. People do sometimes plead in cases where they are not really guilty. The worse the potential punishment at trial, the more tempting it is for someone to work something else out and plead to something that wouldn't require prison time, or that would require less time. Prosecutors don't have time to try a lot of their cases. In fact only around 2.5% of all felony cases filed in this country ever make it to trial. Almost all the rest are resolved with plea bargains. Prosecutors will usually come down some in order to get a case pled. If people are facing a felony conviction and a minimum of two years in prison, the plea offers from a prosecutor aren't going to be that great usually, even in the cases where it may very well have been that a person didn't mean to be in possession of the pictures.

Does Maryland even have mandatory minimum sentences for actual sex crimes, where people have actually had inappropriate sexual contact with minors. We don't in my state, and I must admit there have been cases where people have walked away on these charges with probation or suspended sentences. Sometimes it will be because the case is weak. Sometimes the family of the child wants to avoid a trial at all costs. Sometimes the perpetrator is in the same family with the victim or a close family friend and the victims family begs the prosecutor to just get the guy help rather than putting him in prison. Usually these people will get some pen time, but not always.

Which is worse? Having some dirty pictures that have minors in them or actually going out and molesting kids? I don't know about you, but I would rather my neighbor have dirty pictures on his computer than touch my children. I'd rather him do neither, but if he or someone else is caught for either offense in my mind the guy who has actually molested a child should receive far worse punishment than someone who only had some pictures on his computer. Make a mandatory prison sentence for people found with these pictures and you will see exactly the opposite result. People who have actually molested children will in many cases get less time than those who just had some dirty pictures on their computers depicting people not of old enough.

I do not doubt that a high percentage of child molesters will have child pornography. But what percentage of those who have ever viewed something that would be considered child pornography, either accidentally or on purpose, has ever actually molested a child? I'd be willing to bet that it would only be a tiny percentage. There is porn all over the Internet. It can be found on the World Wide Web, on Net News, on ftp sites, these peer to peer setups, etc. Most of it is free, and in a lot of cases you wouldn't necessarily know what you were getting until you actually downloaded it to your computer. Mostly what you would find is adult porn, but it is entirely possible that while looking for adult porn you might end up with some pictures that were floating around on the net that depict underaged persons. It is entirely possible that one might come into possession of these things purely by accident.

I could see maybe making it a felony to knowingly purchase child porn. That does I think actually increase demand for these pictures, increasing the likelihood that more will be made. I don't think people stumbling across these photos on the Internet where free pictures are passed around are contributing to the demand for these though. The knowing purchaser is not accidentally happening upon these pictures. He's doing it on purpose, and his money he's spending on these things is actually providing people more incentive to make and distribute these photos. Purchasing this material should be a higher crime than just possessing it. Selling this material should definitely be a higher crime, and so should posting these pictures for others to download even if there is no renumeration.

I think Maryland's House of Representatives did enough with their bill. They kept it a misdemeanor apparently, but made it such that a first offender can get two years behind bars. That's pretty stiff.
37 posted on 03/26/2007 11:07:24 AM PDT by TKDietz (")
[ Post Reply | Private Reply | To 32 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-37 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson