In a downright puzzling, frightening, and controversial decision, the New York Court of Appeals on Tuesday ruled that it is now legal to view child pornography on the Internet.
The decision was made after a Marist College professor, James D. Kent was sentenced to prison in 2009 after more than 100 images of child porn was found on his computer.
"The purposeful viewing of child pornography on the Internet is now legal in New York," wrote Senior Judge Carmen Beauchamp Ciparick.
It is still illegal to create and distribute child porn in New York. It's also still illegal to download child porn. According to MSNBC, the ruling was made to distinguish between those who just view child pornography online, perhaps accidentally, from those who actively download the files to their computer. Ciparick continued:
"[S]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. To hold otherwise, would extend the reach of (state law) to conduct—viewing—that our Legislature has not deemed criminal."
We sincerely feel this decision needs to be appealed once more. We get that the court doesn't want people who accidentally stumble onto child porn to go to jail, but how many times have you found yourself accidentally looking at kiddie porn? Where's Chris Hansen when you need him?
You can read the whole decision here.
[viaYahoo! News]
