Skip to comments.Viewing child pornography online not a crime: New York court ruling
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.
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(Excerpt) Read more at news.yahoo.com ...
Okay, here's more sowing, when will these sick bacteria (they're so much worse than animals) start reaping? And I mean the judges....
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I can only assume that these judges don't want to see the inside of a prison cell. Damn them.
to stand by and watch this country fall like it is doing is so frustrating.
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?
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.
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.
I guess Face Book is off the hook in NY now.
WND Helps Expose Child Porn Scourge on Facebook
—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.
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.
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.
“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”.
Maybe all the pedophiles will move to New York.
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.
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.
Problem is they want to pollute and ruin every square inch of the globe; they will be satisfied with nothing less.
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.
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.
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.
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.