erynthered Posted May 10, 2012 Posted May 10, 2012 http://news.yahoo.com/blogs/sideshow/viewing-child-pornography-not-crime-according-york-court-165025919.html "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. "ome 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." Way to go New York.
SageAgainstTheMachine Posted May 10, 2012 Posted May 10, 2012 As incendiary as this sounds, what if a person is tricked into thinking a 16 year old girl he's watching is 20? Or somebody "Peter Pans" him with a fake link?
erynthered Posted May 10, 2012 Author Posted May 10, 2012 As incendiary as this sounds, what if a person is tricked into thinking a 16 year old girl he's watching is 20? Or somebody "Peter Pans" him with a fake link? Slippery slope.
Chef Jim Posted May 10, 2012 Posted May 10, 2012 As incendiary as this sounds, what if a person is tricked into thinking a 16 year old girl he's watching is 20? Or somebody "Peter Pans" him with a fake link? I doubt someone who had clicked on a kiddy porn site once is in any kind of trouble. Someone who's clicked on kiddy porn sites every Saturday night for the past three years is.
/dev/null Posted May 10, 2012 Posted May 10, 2012 Or somebody "Peter Pans" him with a fake link? Exactly what I was thinking. In fact your post screwed up my idea when I saw this thread title. I was going to sneak in a link to Peter Pan Pixie dude under the guise of some legal sounding URL. Another point to consider, visiting a legit website downloads countless files to your computer. HTML, pics, cookies, etc. All those avatars, smiley faces, and that helmet across the top of this page occupy space on your hard drive. S what happens if a TSW'er updates his avatar with some kiddie porn? Then you, me, and everyone who visits this site will have unknowingly and unwillingly downloaded kiddie porn
GG Posted May 10, 2012 Posted May 10, 2012 I doubt someone who had clicked on a kiddy porn site once is in any kind of trouble. Someone who's clicked on kiddy porn sites every Saturday night for the past three years is. What you describe would pass the "possession or procurement within the meaning of our Penal Law" that the ruling refers to. Ugly subject, reasonable judgment.
Chef Jim Posted May 10, 2012 Posted May 10, 2012 What you describe would pass the "possession or procurement within the meaning of our Penal Law" that the ruling refers to. Ugly subject, reasonable judgment. I'm not saying they couldn't be prosecuted I just really hope we're not spending time and energy on someone who visited a site like that once.
GG Posted May 10, 2012 Posted May 10, 2012 I'm not saying they couldn't be prosecuted I just really hope we're not spending time and energy on someone who visited a site like that once. I think it's what the court decision was about.
\GoBillsInDallas/ Posted May 10, 2012 Posted May 10, 2012 Or somebody "Peter Pans" him with a fake link?
Just Jack Posted May 10, 2012 Posted May 10, 2012 Another point to consider, visiting a legit website downloads countless files to your computer. HTML, pics, cookies, etc. All those avatars, smiley faces, and that helmet across the top of this page occupy space on your hard drive. S what happens if a TSW'er updates his avatar with some kiddie porn? Then you, me, and everyone who visits this site will have unknowingly and unwillingly downloaded kiddie porn In my non-lawyer mind, simply visiting/stumbling across a kiddie porn site would/should not count based on what you describe. Making the decision to do a right-click/save as, or hitting that Download Now button would.
/dev/null Posted May 10, 2012 Posted May 10, 2012 In my non-lawyer mind, simply visiting/stumbling across a kiddie porn site would/should not count based on what you describe. Making the decision to do a right-click/save as, or hitting that Download Now button would. I agree. However the argument made was that the images were not willfully downloaded but arrived via method like I described
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