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cthulu2016

(10,960 posts)
9. Or willfully aware of the law
Thu May 10, 2012, 02:23 PM
May 2012

This approach is commonplace but somewhat shocking on a progressive site.

You suggest a judge is a child molester because you don't understand a legal issue? That's pretty hoorible behavior, isn't it?

Did you even read the story before speculating about the perversions of this female judge appointed by Mario Cuomo?

The law does not mean "whatever somebody thinks would advance some good as they see it"

A legal decision is not right or wrong based on what somebody thinks about an underlying issue. It is right or wrong as law.

And if somebody thinks that looking meets the legal definition of "possession" then we are going to have to start arresting people who look at drugs and stolen property.

The law says "possess." That word has a meaning in law.

"We further conclude
that merely viewing Web images of child pornography does not,
absent other proof, constitute either possession or procurement
within the meaning of our Penal Law."

That does say, "IS OKAY." It says does not meet the definition of promotion or procurement as a matter of LAW.

If the legislature wants to outlaw looking they can try that, but they didn't outlaw looking so how can we convict someone of looking?!

Recommendations

0 members have recommended this reply (displayed in chronological order):

Would cache or cookies that remain on your device = possession? NightWatcher May 2012 #1
No I believe that is what this ruling is talking about Drale May 2012 #2
That is very much the question here cthulu2016 May 2012 #7
You know when I was in middle school... lilithsrevenge12 May 2012 #3
Did you even read any of this OP? cthulu2016 May 2012 #5
Correct ruling cthulu2016 May 2012 #4
That is outrageous. I have to wonder about the judge's preversions as he seems snagglepuss May 2012 #6
Or willfully aware of the law cthulu2016 May 2012 #9
+1000 smirkymonkey May 2012 #17
I agree 1000% with the decision. It will help reduce child porn and the demand. NYC Liberal May 2012 #20
Mail a porn picture to somebody Speck Tater May 2012 #8
I agree get the red out May 2012 #12
Children are Minors and cannot give consent to sex HockeyMom May 2012 #10
That has nothing whatsoever to do with the decision cthulu2016 May 2012 #11
Bizarre, considering today's climate of zero tolerance on so many issues. nt DCKit May 2012 #13
can't get busted for looking at pictures of marijuana either CBGLuthier May 2012 #14
If anyone cares about the LAW... cthulu2016 May 2012 #15
Correct. Dawson Leery May 2012 #18
Excellent analysis. nt hifiguy May 2012 #22
I'm sure it's legal to look at pot online. HopeHoops May 2012 #16
It's the right ruling... Drunken Irishman May 2012 #19
Horrible headline. That's not what the court ruled at all. NYC Liberal May 2012 #21
Agreed, the headline really set me off, but I can smirkymonkey May 2012 #23
I can too. It's a tricky issue. NYC Liberal May 2012 #24
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