Watching child porn, not a crime according to ny

[maxx]

wtf ny?! wtf

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.
Whenever someone views an image online, a copy of the image’s data is saved in the computer’s memory cache.
The ruling attempts to distinguish between individuals who see an image of child pornography online versus those who actively download and store such images, MSNBC reports. And in this case, it was ruled that a computer’s image cache is not the same as actively choosing to download and save an image.
“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.
As The Atlantic Wire notes, under current New York law, “it is illegal to create, possess, distribute, promote or facilitate child pornography.” But that leaves out one critical distinction, as Judge Ciparick stated in the court’s decision.

“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.”

The case originated when Kent brought his computer in to be checked for viruses, complaining that it was running slowly. He has subsequently denied downloading the images himself.

http://news.yahoo.com/blogs/sideshow/viewing-child-pornography-not-crime-according-york-court-165025919.html

[odin]

It’s gross.
But it makes sense.

[ThePurpleBunny]

If this is basically telling the state legislature that they’ve got a serious loophole in the law they need to fix ASAP, then ok. They need to fix it ASAP.

But saying “purposeful viewing” and “is now legal” I can’t help but respond with “wat”.

[Hawkingbird]

Hate to say it but it makes sense. Cache memory isn’t possession

[debs]

so we can watch child porn but we can’t own a gun easily?

[Hatred_Edge]

awaits on watching necro porn being A-OK in good ole NY

[rcaido]

Makes total sense

[KinetiK]

Watching murder isn’t a crime either yet both are equally heinous. 3 guys 1 hammer anyone? (please don’t watch this by the way it’s sickening).

I’m not promoting child porn but obviously if law enforcement wants to do something they should go after the people actually abusing children and distributing it. It’s like trying to fight drug problems through the law by locking up low level heroin junkies, it’s not really gonna accomplish much in the end.

[Sh33p]

You do realise that under the previous law if you clicked on an SRK thread and someone had posted CP in there for whatever reason you could be prosecuted?

[OsgX]

More than 100+ images on the cache and he wasn’t looking at kids? lol what? That law needs to get fixed fucking yesterday.

[Louiscipher]

May as well, NY is Rome right now. The whole state’s falling apart, the taxes are sky high, the jobs just aren’t there and prices keep going up.

NY is a shithole and I wouldn’t recommend living here unless you’re attending Cornel or have a sweet gig in Manhattan.

[CTG]

I read this earlier.

Disgusting.

America may be the land of the free, but we sure are lacking common sense. Our laws will have have dumb things like this happen due to the lack thereof.

[angryliberal]

How is child pornography legal in NY? I don’t understand how the thread title relates to the actuality of the article. They basically just defined that cached images not found in other places on teh computer with no proof of intent is not illegal, which is a totally rational decision. It’s not controversial…it’s just if anyone uses the term “child poprography” everyone starts freaking out. No one is saying that it’s OK to own child pornography, well, except me.

[Sp33dking89]

Why would you even watch child porn? And for it to be legal dumb move. Watch how quick people move to NY now

[CTG]

How is child pornography legal in NY? I don’t understand how the thread title relates to the actuality of the article. They basically just defined that cached images not found in other places on teh computer with no proof of intent is not illegal, which is a totally rational decision. It’s not controversial…it’s just if anyone uses the term “child poprography” everyone starts freaking out. No one is saying that it’s OK to own child pornography, well, except me.

from article:

“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.

**

Why shouldn’t people freak out?

[angryliberal]

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.
As The Atlantic Wire notes, under current New York law, “it is illegal to create, possess, distribute, promote or facilitate child pornography.” But that leaves out one critical distinction, as Judge Ciparick stated in the court’s decision.

So, he basically clarified a law that already existed. there is nothing about the viewing of CP in their books…until the state legislature changes this, he simply upheld the law as it stands…

[Mosque]

and weed is still illegal in florida…florida!.. wtf I have no faith in human kind…

you can be a sicko but god forbid you smoke a plant. that’s just unethical…

[Kromo]

Well, so much for my racket of blackmailing NY politicians with those racy pictures I keep sending them.

“…well… I thought it was going to be innocent pictures of girls helping out on the farm with their family’s unusually large chickens…I only right clicked save because I thought the power of Jesus would save her soul”

[angryliberal]

and weed is still illegal in florida…florida!.. wtf I have no faith in human kind…

you can be a sicko but god forbid you smoke a plant. that’s just unethical…

What exactly do state laws in FL have to do with state laws in NY?

Guess what, it’s illegal to bang 16 year olds if your are over 18 in Calirfornia, but you can gamble in NV, how does that make sense?!?!

[piskooooo]

Remember that anything under 18 = CP. You can be 18, fuck a 16 year old who looks 20 and get labeled a pedophile/rapist for the rest of your life.