Home
Blog
Radio
Missing Persons
Crime
April 24, 2024, 03:39:24 PM
Welcome,
Guest
. Please
login
or
register
.
1 Hour
1 Day
1 Week
1 Month
Forever
Login with username, password and session length
News
:
NEW CHILD BOARD CREATED IN THE POLITICAL SECTION FOR THE 2016 ELECTION
Home
Help
Login
Register
Scared Monkeys Discussion Forum
>
Missing, Exploited and True Crime
>
Missing Exploited and True Crime
>
Crimes Against Children, Elderly and the Disabled
> Topic:
Viewing child pornography online not a crime: New York court ruling
Pages:
1
Go Down
« previous
next »
Print
Author
Topic: Viewing child pornography online not a crime: New York court ruling (Read 2157 times)
0 Members and 1 Guest are viewing this topic.
MuffyBee
Former Moderator
Monkey Mega Star
Offline
Posts: 44737
Viewing child pornography online not a crime: New York court ruling
«
on:
May 08, 2012, 09:27:55 PM »
http://www.reuters.com/article/2012/05/09/us-usa-pornography-idUSBRE84801220120509
Viewing child porn not necessarily possession, court rules
By Daniel Weissner
May 8, 2012
(Reuters) - Viewing child pornography on the Internet without taking further action such as printing or saving files does not necessarily constitute possession, New York's top court ruled on Tuesday.
The ruling by the Court of Appeals dismissed two of the 143 counts of possession of child pornography for which James Kent, a former professor at Marist College, was convicted in 2009.
When a Web page is viewed, a copy of the page is stored in a computer's "cache," which allows that page to load more quickly on future visits. The court found that while Kent had saved some of the files in question, he had only viewed others and was not aware of his computer's cache function.
To "possess" cached images, "the defendant's conduct must exceed mere viewing to encompass more affirmative acts of control such as printing, downloading or saving," Judge Carmen Ciparick wrote for the court.
Prosecutors must show, "at a minimum, that the defendant was aware of the presence of those items in the cache," Ciparick said.
::snipping2::
Kent was convicted after a non-jury trial of 143 counts of possession and sentenced to one to three years in prison.
Attorney Nathan Dershowitz, who represented Kent on appeal, said Tuesday the issue was a prime example of the inapplicability of laws that predate the digital age to cases involving the use of computers.
Kent's case was sent back to Dutchess County Court for resentencing.
Logged
" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan
Toler
Monkey Junky
Offline
Posts: 1255
Re: Viewing child pornography online not a crime: New York court ruling
«
Reply #1 on:
May 09, 2012, 05:22:59 PM »
New York Gov. Andrew Cuomo unveils an anti-child pornography initiative while serving as Attorney General (AP/Bebeto …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. ::snipping2::
http://news.yahoo.com/blogs/sideshow/viewing-child-pornography-not-crime-according-york-court-165025919.html
Logged
MuffyBee
Former Moderator
Monkey Mega Star
Offline
Posts: 44737
Re: Viewing child pornography online not a crime: New York court ruling
«
Reply #2 on:
May 26, 2012, 07:59:18 PM »
There was already a thread started for this. When I merge them, all posts will go to the thread started first, by default. MB
Logged
" Everyone is entitled to his own opinion, but not his own facts." - Daniel Moynihan
Pages:
1
Go Up
Print
Scared Monkeys Discussion Forum
>
Missing, Exploited and True Crime
>
Missing Exploited and True Crime
>
Crimes Against Children, Elderly and the Disabled
> Topic:
Viewing child pornography online not a crime: New York court ruling
« previous
next »
Jump to:
Please select a destination:
-----------------------------
FORUM RULES
-----------------------------
=> Forum Rules and Tips
-----------------------------
Polls, Polls and more Polls
-----------------------------
=> Missing Persons Polls
=> Current Events/News Polls
=> Crime and Trial Polls
=> Just For Fun Polls
-----------------------------
Missing Persons - High Profile
-----------------------------
=> Missing Persons High Profile
===> Dylan Redwine, 13yrs old, last seen 11/19/12, Vallecito, CO
===> Kyron Horman - Portland Oregon
===> Caylee Marie Anthony - Florida (BODY FOUND)
=====> Caylee's Law - by State
=======> Caylee's Law - text
=======> ALABAMA
=======> ALASKA
=======> ARIZONA
=======> ARKANSAS
=======> CALIFORNIA
=======> COLORADO
=======> CONNECTICUT
=======> DELAWARE
=======> DISTRICT OF COLUMBIA
=======> FLORIDA
=======> GEORGIA
=======> HAWAII
=======> IDAHO
=======> ILLINOIS
=======> INDIANA
=======> IOWA
=======> KANSAS
=======> KENTUCKY
=======> LOUISIANA
=======> MAINE
=======> MARYLAND
=======> MASSACHUSETTS
=======> MICHIGAN
=======> MINNESOTA
=======> MISSISSIPPI
=======> MISSOURI
=======> MONTANA
=======> NEBRASKA
=======> NEVADA
=======> NEW HAMPSHIRE
=======> NEW JERSEY
=======> NEW MEXICO
=======> NEW YORK
=======> NORTH CAROLINA
=======> NORTH DAKOTA
=======> OHIO
=======> OKLAHOMA
=======> OREGON
=======> PENNSYLVANIA
=======> PUERTO RICO
=======> RHODE ISLAND
=======> SOUTH CAROLINA
=======> SOUTH DAKOTA
=======> TENNESSEE
=======> TEXAS
=======> UTAH
=======> VERMONT
=======> VIRGINIA
=======> WASHINGTON
=======> WEST VIRGINIA
=======> WISCONSIN
=======> WYOMING
=====> Caylee Marie Anthony Murder Trial Archives
===> Sierra Lamar, 15yrs old, Morgan Hill, CA Missing Since March 16, 2012
===> JO ANN (JODIE) BAIN AND 3 DAUGHTERS MISSING 4/27/2012(2 murdered 2 safe)
===> Isabel Mercedes Celis, 6 yrs old missing 4/21/12 Tucson, AZ (Body Found)
===> Jennifer Kesse - Orlando/Ocoee, Florida
===> Susan Powell 28yrs old, missing 12/6/09 West Valley City, Utah
===> Michelle Loree Parker, Last Seen 11/17/11, Orlando, FL
===> Celina Cass, 11yrs old missing 7/25/11 New Hampshire
===> Aliayah Lunsford, 3yrs old, Weston, West VA, missing since 9/24/2011
===> Lisa Irwin, 10mo old missing since 10/4/2011 KC, MO
===> Robyn Gardner missing in Aruba August 2, 2011
=> Missing Persons - High Profile - Archives
-----------------------------
Virginia Area Missing and Murdered - possible connections
-----------------------------
=> Morgan Dana Harrington, 20yrs missing VA Tech 10/17/09(BODY FOUND)
=> Hannah Elizabeth Graham missing since 9/13/14 Charlottesville, VA
=> Alexis Murphy, missing since 8/3/13 Charlottesville, VA
=> Samantha Ann Clarke 19yrs. old Orange Va. Last seen 09/13/10
=> Dashad Sage Smith missing since 11/20/12 Charlottesville, VA
=> Cassandra Morton 23, Lynchburg, missing 10/10/09 body found 11/29/09
-----------------------------
High Profile Crimes and Trials (not missing persons)
-----------------------------
=> Jodi Arias trial - for the murder of Travis Alexander
=> Trial of George Zimmerman - 2nd Degree Murder of 17yr old Trayvon Martin
=> Scott Peterson Appeal of Murder Conviction
-----------------------------
Missing, Exploited and True Crime
-----------------------------
=> Missing Exploited and True Crime
===> Missing Persons Forum
=====> Missing Found or Presumed Deceased
=====> Missing Found Safe
=====> Missing Endangered Runaways
=====> Resourses, Search Groups and Fundraisers
===> Crimes Against Children, Elderly and the Disabled
===> Crimes of Passion/Anger
===> Serial Killers and Their Possible Victims
===> Unsolved Crimes
=====> Finally Solved
===> Haleigh Marie Cummings - Florida
===> Adji Desir - Florida
===> Somer Renee Thompson 7 yo, Orange Park FL 10/19/09(BODY FOUND)
===> Tracy Ocasio - Orlando/Ocoee, Florida
===> Shaniya Nicole Davis, 5 Fayetteville, NC Missing 11/10/09(BODY FOUND)
===> Holly Bobo, 20yrs old missing Parsons, TN 4/13/11
===> Hailey Dunn - 13yrs old - Colorado City, TX missing 12/27/10 (Body Found)
===> Elizabeth Olten - 9yrs, Jefferson City, MO missing 10/21/09 (BODY FOUND)
===> Lindsey Baum - McCleary, WA 6/26/09
===> Amber Leeanne Dubois 14yrs old - Escondido, CA(BODY FOUND)
===> Chelsea King, 17, Missing 2-25-2010 Rancho Bernadino CA (BODY FOUND)
===> Sandra Cantu, 8 years old - Tracy, CA(BODY FOUND)
===> Madeleine McCann - Portugal
===> Christine Marie Sheddy - missing since 11/13/2007 - Maryland(BODY FOUND)
===> Nevaeh Amyah Buchanan 5yr Monroe Michigan(BODY FOUND)
===> Gabriel Johnson 8 mo., last seen 12/26/09 Tempe AZ-San Antonio TX
===> Stacy Ann Peterson missing & Kathleen Savio murdered - Illinois
===> Zahra Clare Baker - 10yrs old Hickory, NC (Body Found)
-----------------------------
Natalee Holloway
-----------------------------
=> Natalee Holloway
=> Important Case Documents
===> Joran Statements/PV's
===> Paulus Statements/PV's
===> Deepak Statements/PV's
===> Satish Statements/PV's
===> Misc Statements/PV's
=> LCD Archive
=> Shango/Simian and other Codetalkers
-----------------------------
Current Events and Musings
-----------------------------
=> Monkey Musings / Open Discussion
=> Pop Culture Main
===> Hugely Popular TV Shows
===> Movies and Television
===> Social Media
===> Music
===> Books
===> Scared Monkeys Radio with Dana Pretzer
=> Health and Medical Issues
=> Food and Product Recalls
=> News of the Day
=> Business News
=> Sports
=> Political Forum
=> Religion (discussion and debate)
-----------------------------
The Monkey Lounge
-----------------------------
=> The Monkey Lounge
===> Fashion & Decorating
===> What's Cooking? Recipes
===> Games
=> Inspirational
===> Memorial - Gone but Never Forgotten
===> Gratefulness - Light a Candle in Prayer
===> Inspirational scriptures, songs, stories and prayers
-----------------------------
Natalee Discussions (2005 ARCHIVE)
-----------------------------
=> Natalee Holloway
=> Theory and Speculation
=> Links and References Only
=> Natalee Breaking News Archive
-----------------------------
General Discussions (2005 ARCHIVE)
-----------------------------
=> News Issues
=> Chit Chat
Loading...