Jump to content

ok heres one for the books what do you think????? - Gay Guys! <3

Recommended Posts


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.

"[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," 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.


While believing in the human right to a freedom of choice to watch anything on the net, common sense tells one that child pornography is wrong, and in making the choice to view something like this, one only perpetuates the wrong, in as much lending support to and promoting the wrong.


While I abhor the idea of child pornography, I do have to agree with the judge to certain extent. The internet is filled with things and when you view porn on the internet, there may be times when you view someone who happens to be underage. One, or two, images of underage youths in ones cache does not mean one is into pedophilia. It simply means that the site one went to just so happened to have such images.
Now, if there are several dozen, or more, such images within one's cache, then you may have a case, as this person may be consistently seeking out such imagery.

  • Create New...