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2012-05-11 11:32 PM
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Subject: RE: Legal to watch Child Porn in New York - WTF?
Left Brain - 2012-05-11 8:52 PM

Trinna said - "It is possible but the whole point was the ruling came down because the CP was only in a temporary internet cache and there was no other evidence as I understand it."

Only if you don't consider the hundreds of images he DID  download as "other evidence".

I do.

Trinna - the "cache" part only applied to 2 of the counts - I think he had 145 or so against him.  2 of the counts were thrown out.



2012-05-12 5:03 AM
in reply to: #4205862

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Subject: RE: Legal to watch Child Porn in New York - WTF?
Hey all. I am also in law enforcement and I investigate these cases in NY! I won't get into the argument but I think everyonevshould know that in actual practice most of these cases are prosecuted federally any way. NY is famous for being mor restrictive than every one else for criminal case law. So, the u.s. Attorneys take many of our drug, gun, and computer crimes. The defendants receive stiffer sentences and get shipped out of state for their trouble. So, the discussion is good but in most cases irrelevant.
2012-05-12 8:48 AM
in reply to: #4205940

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Subject: RE: Legal to watch Child Porn in New York - WTF?

gator22 - 2012-05-12 3:03 AM Hey all. I am also in law enforcement and I investigate these cases in NY! I won't get into the argument but I think everyonevshould know that in actual practice most of these cases are prosecuted federally any way. NY is famous for being mor restrictive than every one else for criminal case law. So, the u.s. Attorneys take many of our drug, gun, and computer crimes. The defendants receive stiffer sentences and get shipped out of state for their trouble. So, the discussion is good but in most cases irrelevant.

Nice - that is good to hear.  Thank you for sharing.  

Even so - I would still like to know that this law has been changed so some hot shot lawyer doesn't get the next Jerry Sandusky off on some technicality.

2012-05-15 10:53 AM
in reply to: #4203534

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Subject: RE: Legal to watch Child Porn in New York - WTF?

I once discovered the most horrific type of pornography on a family member's laptop and had no problems calling his wife and the police and doing everything I could to try to get him convicted. I knew enough to make sure it wasn't due to popups or something out of his control. It was repeated and intentional viewing. I'd still like to cause him grievous bodily harm.

OTOH, it's been a few years, but there have been instances of people posting innocent looking links in this very forum to some truly vile material. So the statement "it's impossible to procure it unknowingly" is not true. It's probably far less likely now than in years past simply because it puts the person who truly possesses it at risk, but the possibility is there.

2012-05-15 11:11 AM
in reply to: #4210639

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Subject: RE: Legal to watch Child Porn in New York - WTF?
marmadaddy - 2012-05-15 10:53 AM

I once discovered the most horrific type of pornography on a family member's laptop and had no problems calling his wife and the police and doing everything I could to try to get him convicted. I knew enough to make sure it wasn't due to popups or something out of his control. It was repeated and intentional viewing. I'd still like to cause him grievous bodily harm.

OTOH, it's been a few years, but there have been instances of people posting innocent looking links in this very forum to some truly vile material. So the statement "it's impossible to procure it unknowingly" is not true. It's probably far less likely now than in years past simply because it puts the person who truly possesses it at risk, but the possibility is there.

Yikes, that would be a tough situation with your family member.  Kudo's for doing the right thing.

I think another thing that people forget about is what constitutes CP.  Most people think of the truly vile disgusting images, but in reality simple nudity is technically CP.  See: http://family-law.lawyers.com/child-abuse-and-neglect/Baby-Pictures-or-Baby-Porn.html

Just keep that in mind when you think about these laws.  In an effort to clamp down on the truly bad guys a lot of innocent things become criminal.

In Nebraska they have a law that makes it illegal to entice a child into a vehicle.  Sounds like a good idea and who wouldn't support it.  Then you read the law:

No person, by any means and without privilege to do
so, shall knowingly solicit, coax, entice, or lure or attempt to solicit,
coax, entice, or lure any child under the age of fourteen years to enter into
any vehicle, whether or not the person knows the age of the child.

OK, now think about the situation where you see a neighbor kid walking home in the rain and you stop and ask them if they need a ride home.  Guess what, you just committed a felony in Nebraska.  Nowhere in the law does it say what your intent was and there is no affirmative defense that you can use that you were just giving them a ride home.  It's scary, IMHO

2012-05-15 11:22 AM
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Subject: RE: Legal to watch Child Porn in New York - WTF?

Common sense seems to have been lost by a lot of DA's, cops, principals, school boards etc.  

Is it common sense that if you give your neighbors kid a ride home, you are not committing a felony?  

Same with what is classified Child Porn.  My son - at 2 used to do naked sit and spin.  In one picture, you could see his butt.  If I post that on FB, and only my "friends" can see it, what does common sense say about whether or not I am "distributing" child porn?  

I'm so sick of these stupid DA's that decide to prosecute a teenage boy because he was "sexting" a teenage girl...or the blanket "zero tolerance" rules that get a 5 year old expelled from school because he had a toe nail clipper in his backpack that someone deemed was a "knife" or a dangerous weapon.  

These laws are open to interpretation, and should be considered guidelines that a little bit of common sense needs to be applied to.



Edited by Muskrat37 2012-05-15 11:24 AM


2012-05-15 11:45 AM
in reply to: #4203534

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Subject: RE: Legal to watch Child Porn in New York - WTF?

Timely link that came up on my news section when I went to check my personal email.

It is a story of a man that finally cleared his name after allegations of rape because the nanny saw a picture of him in the tub with his girls.

 

I don't know any more facts than presented in the article.

 

http://www.huffingtonpost.com/2012/05/14/paul-rusconi-malibu-artist_n_1516299.html?ncid=webmail7

2012-05-15 11:54 AM
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Subject: RE: Legal to watch Child Porn in New York - WTF?
eabeam - 2012-05-15 9:45 AM

Timely link that came up on my news section when I went to check my personal email.

It is a story of a man that finally cleared his name after allegations of rape because the nanny saw a picture of him in the tub with his girls.

 

I don't know any more facts than presented in the article.

 

http://www.huffingtonpost.com/2012/05/14/paul-rusconi-malibu-artist_n_1516299.html?ncid=webmail7

Exactly what I was talking about.  Common Sense.  That story infuriates me.  They kept his kids from him for 6 months, based on innocent pictures and a ridiculous allegation?  Why the F would it take that long to do a rape kit.  Should have taken a few hours, if that.  Pretty easy for a doctor to tell those 2 beautiful kids had not been assaulted.

Thanks for sharing the link.

2012-05-15 12:06 PM
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Subject: RE: Legal to watch Child Porn in New York - WTF?
I remember a similar story where a dad took a picture of his kid in the bathtub. The tech at the place where he had his film developed reported him and he was arrested. At the advice of his attorney, he plead guilty to one of the lesser charges rather than go on trial for a felony. Although he didn’t have to go to jail, he was classified as a sexual predator which meant that he was no longer allowed to stay in his home (since it was too close to a school), wasn’t able to keep his job (again, because of the location of the office), and basically had to leave his family and go an live in some remote area for months until he was able to get his name cleared.

I’m a parent of a young child myself and I completely understand the need to protect kids, but IMO, a lot of these laws go much further than they need to and, unfortunately, many of them have built-in mandatory sentencing guidelines, and other features that make it impossible for DA’s and judges to apply common sense even assuming they have any.
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