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Viewing child pornography online not a crime: New York court ruling
Yahoo News ^ | May 9 2012 | Eric Pfeiffer

Posted on 05/09/2012 1:34:50 PM PDT by little jeremiah

In a controversial decision that is already sparking debate around the country, the New York Court of Appeals ruled on Tuesday that viewing child pornography online is not a crime.

"The purposeful viewing of child pornography on the internet is now legal in New York," Senior Judge Carmen Beauchamp Ciparick wrote in a majority decision for the court.

The decision came after Marist College professor James D. Kent was sentenced to prison in August 2009 after more than 100 images of child pornography were found on his computer's cache.

< snip >

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: childporn; homosexualagenda; moralabsolutes; pornography
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If it's legal for dangerous predator sex perverts to see child pornography, then it follows that it will be legal to post it. So Face Book is off the hook.

Okay, here's more sowing, when will these sick bacteria (they're so much worse than animals) start reaping? And I mean the judges....

1 posted on 05/09/2012 1:34:55 PM PDT by little jeremiah
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To: 185JHP; 230FMJ; AFA-Michigan; AKA Elena; APatientMan; Abathar; Absolutely Nobama; Albion Wilde; ...
Homosexual Agenda and Moral Absolutes Ping!

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I can only assume that these judges don't want to see the inside of a prison cell. Damn them.

2 posted on 05/09/2012 1:36:45 PM PDT by little jeremiah
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To: little jeremiah

to stand by and watch this country fall like it is doing is so frustrating.


3 posted on 05/09/2012 1:41:11 PM PDT by ColdOne (I miss my poochie... Tasha 2000~3/14/11 0bie don' t eat my dog!)
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To: little jeremiah

So by that logic it would not be illegal to hire someone to kill another person as long as you do it over the internet? Why is online gambling illegal then?


4 posted on 05/09/2012 1:42:48 PM PDT by Drill Thrawl (The United States of America, a banana republic since 1913)
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To: little jeremiah

Yes, outrageous BUT (said the Prosecutor), the problem is with the statute. While I would have ruled otherwise I understand this ruling (again, doesn’t mean I agree). It appears the statute only covers intentional downloading.


5 posted on 05/09/2012 1:43:11 PM PDT by RIghtwardHo
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To: little jeremiah

Wow, the hits just keep on coming. It is almost like someone wrote a paper on how to destroy this country.

Holy crap! Somebody did, in the form of the Communist Manifesto and they are succeeding. They have won in the public schools, our institutions of higher learning, the media, the unions, the complete takeover of the dumbocrap party and the partial takeover of the GOP.

We are being attacked on so many fronts it is like we kicked over a hive of killer bees.


6 posted on 05/09/2012 1:43:11 PM PDT by Wurlitzer (Nothing says "ignorance" like Islam!)
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I guess Face Book is off the hook in NY now.

WND Helps Expose Child Porn Scourge on Facebook

http://www.freerepublic.com/focus/f-bloggers/2881172/posts


7 posted on 05/09/2012 1:43:21 PM PDT by little jeremiah
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To: ColdOne

—to stand by and watch this country fall like it is doing is so frustrating.—

The bible predicted it. It’s still amazing, though. And frustrating.


8 posted on 05/09/2012 1:44:40 PM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: little jeremiah

It sounds like this is limited to passive surfing. No permission is granted for publishing or purposely storing or redistributing it (so Facebook, a private company that can ban pictures of green dogs if it wishes, wouldn’t be embroiled in this), and probably not for subscribing to a service that specializes in it. And if it’s not actually made from children engaging in the acts depicted, it escapes sanctions anyhow, by a USSC decision of years ago from the Sandra Day O’Connor era — the point seemed to be that the only valid legal reason for such a ban was to prevent children from getting molested or exploited which would be inherent in making genuine child porn.


9 posted on 05/09/2012 1:48:18 PM PDT by HiTech RedNeck (Mitt! You're going to have to try harder than that to be "severely conservative" my friend.)
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To: little jeremiah

New York, the Northeast, California and the Northwest are the obvious magnet destinations for all the perverts, degenerates, communists, America Haters, etc.

Enough of them might relocate to those areas where they will feel welcome and protected, allowing the rest of us to live in somewhat sane, normal towns and states.


10 posted on 05/09/2012 1:49:03 PM PDT by Iron Munro (If Repub's paid as much attention to Rush Limbaugh as the Dem's do, we wouldn't be in this mess)
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To: RIghtwardHo

“Merely viewing Web images of child pornography does not, absent other proof, constitute either possession or procurement within the meaning of our Penal Law,” Ciparick wrote in the decision.

See a copy of the court’s full ruling on the child pornography decision.

The court said it must be up to the legislature, not the courts, to determine what the appropriate response should be to those viewing images of child pornography without actually storing them. Currently, New York’s legislature has no laws deeming such action criminal.


The fact that you are agreeing with their foul hair splitting is nauseating. Child pornography is so evil, so revolting, that no hair splitting whitewashes a poorly written statute. At some point right and wrong trump petty legalistic “how many legalisms can dance on the head of a pin”.


11 posted on 05/09/2012 1:49:02 PM PDT by little jeremiah
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To: little jeremiah

Maybe all the pedophiles will move to New York.


12 posted on 05/09/2012 1:49:23 PM PDT by ZULU (Non Nobis Domine Non Nobis Sed Nomini Tuo Da Gloriam.)
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To: little jeremiah
Isn't it still a Federal crime? If it is it won't make much difference...Osama Obama needs all the campaign $$$ he can get from the Pervert-American community.
13 posted on 05/09/2012 1:49:33 PM PDT by Gay State Conservative (Julia: another casualty of the "War on Poverty")
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To: little jeremiah

Read the whole article. The ruling actually makes sense.

The crime is not in viewing alone. If you have a virus or click on some link that throws that stuff up on the screen, guess what, you have just viewed child porn.

So should you go to jail? Of course not.

The state has to amass other evidence to prove that you actually went looking for the stuff and downloaded it deliberately knowing full well what it was.

That’s how I read it anyway.


14 posted on 05/09/2012 1:49:43 PM PDT by Claud
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To: RIghtwardHo

It’s difficult, but I would agree that the right thing was done in stating that the statue did not apply if in fact it was carelessly worded. Now it’s up to the legislature to fix it.


15 posted on 05/09/2012 1:49:46 PM PDT by HiTech RedNeck (Mitt! You're going to have to try harder than that to be "severely conservative" my friend.)
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To: Iron Munro

Problem is they want to pollute and ruin every square inch of the globe; they will be satisfied with nothing less.


16 posted on 05/09/2012 1:50:32 PM PDT by little jeremiah
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To: Drill Thrawl
Why is online gambling illegal then?

Because someone in government wasn't on-board, financially speaking.

In one case, there's money to made made. Opportunity cost.

In the other, well I don't understand; but I know there's no money to be made.

17 posted on 05/09/2012 1:51:58 PM PDT by cicero2k
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To: little jeremiah

We don’t want “do what we might have broadly hinted at” statutes. That is the road to tyranny, especially when the fix is blindingly easy.


18 posted on 05/09/2012 1:52:17 PM PDT by HiTech RedNeck (Mitt! You're going to have to try harder than that to be "severely conservative" my friend.)
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To: HiTech RedNeck; Claud

Note my comment above. It’s mere legalistic crap. So now perverts can make sure they don’t download or whatever. Funny thing is I’ve never accidentally run into child pornography and I doubt very many people have.


19 posted on 05/09/2012 1:52:33 PM PDT by little jeremiah
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To: ColdOne

Since Obama took office, the attacks on Christianity, in particular, the Catholic Church, and all means of morality have escalated. Same-sex marriage legalization, defense of marriage act not being supported by the feds, Obamacare, border patrol agents thrown under the bus, Navy SEALs thrown under the bus, repeal of DADT, TEA Party thrown under the bus, conservative candidates destroyed by the left-wing media and GOP-e, a socialist elected in France, etc.

With each story like this, I lose hope that we can ever save ourselves.


20 posted on 05/09/2012 1:52:45 PM PDT by NoKoolAidforMe (I'm clinging to my God and my guns. You can keep the change.)
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