Sign in to follow this  
Followers 0
lance.dunlop

Child Pornography now legal to view in New York

24 posts in this topic

You can find the article here http://www.huffingtonpost.com/2012/05/10/child-pornography-legal-new-york-porn-possession-james-kent_n_1505916.html?utm_hp_ref=fb&src=sp&comm_ref=false

"It is now not illegal to view child pornography on the internet in New York.

The state's Court Of Appeals ruled Tuesday that simply looking at child pornography online does not constitute criminal possession or procurement of the images.

"Rather, some affirmative act is required (printing, saving, downloading, etc.) to show that defendant in fact exercised dominion and control over the images that were on his screen," wrote Senior Judge Carmen Beauchamp Ciparick in a majority opinion of the six-judge ruling, according to MSNBC. "To hold otherwise, would extend the reach of (state law) to conduct — viewing — that our Legislature has not deemed criminal."

Judge Victoria A. Graffeo simplified things, writing, "The purposeful viewing of child pornography on the internet is now legal in New York."

[View the complete ruling here.]

And how did this all come about? Meet 65-year-old James Kent, a former professor at Marist College whose computer was found to contain pornographic images in 2007. From The New York Daily News:

[Kent] was convicted of two counts of procuring and 134 counts of possessing a sexual performance by a child. He began his one- to three-year sentence in 2009.

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 ruling absolved the professor of two of the counts against him, Reuters reports. As for the rest of the counts, Kent is still guilty. According to emails documented in the ruling, Kent may have been collecting the images for a potential research project into child pornography regulation.

Kent claimed, according to MSNBC, that he "abhorred" child pornography, and that someone else must have put the images on his computer.

According to the ruling, one subfolder found on Kent's computer, "contained approximately 13,000 saved images of female children, whom Investigator Friedman estimated to be 8 or 9 years old, dressed in lingerie or bathing suits and many with their legs spread open."

On Wednesday, Republican State Senator Martin Golden and Democrat Assemblyman Joseph Lentol said they will introduce legislation that will make illegal "knowingly accessing" child pornography."

1

Share this post


Link to post
Share on other sites

And so it begins. . . .

:emot-fail::(

1

Share this post


Link to post
Share on other sites

Unbelievable. I don't even know what to say.

1

Share this post


Link to post
Share on other sites

Unbelievable. I don't even know what to say.

Agreed,

1

Share this post


Link to post
Share on other sites

I have seen this coming for years. Pedophiles have watched the gay community make inroad after inroad in their fight against society and are becoming emboldened to follow in their footsteps. In a decade, if we still have freedom of speech and Worthy is still here, you will have some "progressive" Christians on this board defending pedophile's rights, just as you see them defending gay's rights today.

2

Share this post


Link to post
Share on other sites

This can't be true :(

I am shocked!!!!

1

Share this post


Link to post
Share on other sites

I can't even form a coherent thought about this.

1

Share this post


Link to post
Share on other sites

This is what happens when you kick God out ...

1

Share this post


Link to post
Share on other sites

Relax folks, the sky is not falling" YET

Computer geeks out there should be able to back this statement up. { this is not a link}

FYI:

Most of everything your computer comes across is stored on your computer in a temporary Internet file, if a website, redirected your computer to a known bad site, all those pictures they had on their front page are now on your computer.

By the letter of the law, if you deleted those pictures you were destroying evidence, yet, many programs run by spammers can connect your computer to these site without "you" the person really wanting to go there. But by law, they can convict you of have those pictures on your computer and then deleting them.

Also, you know those pictures of the kids we have in the tub, and running around the house with no cloths on, in some states will get you 10 to 20 years. That family album from the 50's that had "YOU" as a kid running around the lake shore nude, even though it was you as a child, today you the adult, could be by law charged.

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.

Check your own state laws covering this issue, you may find it very eyeopening.

~~~Dennis

Edited by OldShep
1

Share this post


Link to post
Share on other sites
Sign in to follow this  
Followers 0