Wednesday, May 09, 2012

Viewing Child Porn Online ‘Legal’ in New York - Temporarily at Least

Attempts, throughout history, to legislate morality have failed abysmally.  You cannot legislate morality.  Period.

New York provides us with the most recent example of this objective truth, where legislation, as written by man, is just not nuanced enough, in a story titled Viewing child porn on the Web ‘legal’ in New York, state appeals court finds, where the following can be read.

Viewing child pornography online isn’t a crime, the New York Court of Appeals ruled Tuesday in the case of a college professor whose work computer was found to have stored more than a hundred illegal images in its Web cache…

The decision rests on whether accessing and viewing something on the Internet is the same as possessing it, and whether possessing it means you had to procure it. In essence, the court said no to the first question and yes to the second.

“Merely viewing Web images of child pornography does not, absent other proof, constitute either possession or procurement within the meaning of our Penal Law,” Senior Judge Carmen Beauchamp Ciparick wrote for a majority of four of the six judges.

“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,” Ciparick wrote. “To hold otherwise, would extend the reach of (state law) to conduct — viewing — that our Legislature has not deemed criminal.”

Posted by John Venlet on 05/09 at 06:51 PM
(4) CommentsPermalink