05/09/2012 // West Palm Beach, Florida, US // justicenews // Justice News Flash // (press release)
New York – A New York court has determined that looking at child pornography online does not constitute a crime. As reported by The Sideshow, the New York Court of Appeals made the ruling Tuesday after college professor, James D. Kent, was sentenced for images found on his computer’s memory cache. Kent claims he did not purposefully download the images.
As noted in the report, the decision attempts to make a distinction between seeing child pornography images online and being active in downloading and saving them by choice.
Senior Judge Carmen Beauchamp Ciparick is quoted by The Sideshow as writing in the majority court decision, “Merely viewing Web images of child pornography does not, absent other proof, constitute either possession or procurement within the meaning of our Penal Law… [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.”
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