NY Court: Just Viewing Child Porn Not State Crime

9 May

NY Court: Just Viewing Child Porn Not State Crime

nbc.newyork.com from AP

NY court: Just Viewing Child porn Not State Crime – Wall Street Journal

The Court of Appeals agreed that Kent was properly convicted because he had downloaded, saved and deleted 132 images. But the majority said some images in his computer cache, temporary files automatically stored from sites he viewed, cannot be held against him under state law.

The five judges said it’s still a federal crime to knowingly access with intent to view any book, magazine, periodical, film videotape, computer disk or other material containing an image of child pornography. Under state law, such browsing can be used to show a guilty intent, that access to an illicit image or site was not a mistake, they said.

“Nonetheless, that such images were simply viewed, and that defendant had the theoretical capacity to exercise control over them during the time they were resident on the screen, is not enough to constitute their procurement or possession,” Judge Carmen Beauchamp Ciparick wrote. “Rather, some affirmative action is required (printing, saving, downloading, etc.) to show that defendant in fact exercised dominion and control over the images that were on his screen.”

Judge Victoria Graffeo wrote that the Legislature recognized that a child is victimized each time his or her pornographic image is viewed, that every time an image is accessed it further drives demand, and that it should be considered illegal under the statute.

“This is surely a stringent punishment for someone whom many would think more pathetic than evil,” Smith wrote. “I agree that the exploitation of children by child pornographers is an appalling evil; on this, I have no doubt that the court is unanimous.”

According to the court ruling, emails found in Kent’s computer said he had collected images as part of a potential research project on the regulation of child pornography. A 2001 message said that as a father he was “pretty appalled” by them, and that if it wasn’t going to be a legitimate research project he’d wipe them from his computer.

Defense attorney Nathan Dershowitz said his client had been asked to do a research project 12 years ago, legislative drafting on the topic of child pornography. He said was disappointed the court failed to dismiss the other charges and address another issue: whether deleted files on a part of the computer hard drive Kent could no longer even access can be used as evidence to show criminal possession.

—Copyright 2012 Associated Press

“Just” viewing child porn?  Are you kidding me?!   It was reported two days ago, May 7th, that there is an epidemic of child porn and incest on FACEBOOK and yet they deem looking at child porn legal?!  What?! Call your officials NOW. 

We are the frogs in the pot of water heating slowly, but now it’s boiling and people don’t want to take the time to do something about it, so our CHILDREN suffer.  They molest us at airports, on buses, on highways, at ferry terminals, train stations, football games, high school proms, confusing our children after they’ve been taught not to allow strangers to touch them in such violating, illegal ways, conditioning them to allow adults to molest them, and now they are saying kiddie porn is okay to view.   WHAT IS GOING ON? YOUR GOVERNMENT DOES NOT CARE ABOUT YOU.  IT IS TIME TO MAKE THEM CARE ABOUT US OR MAKE THEM FEAR US.   Call your representatives NOW. 

“When the people fear their government, there is tyranny; when the government fears the people, there is liberty.”

~Thomas Jefferson

“God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty….

And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance?

Let them take arms. The remedy is to set them right as to the facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure.”

~Thomas Jefferson

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