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Visiting Child Pornography Websites Is a Crime—Appeals Court

Viewing child pornography on the Internet constitutes the crime of “possessing” or “controlling“ such matter, in violation of Penal Code §311.11, the Court of Appeal for this district held yesterday.

The court also said that viewing the images constitutes possession inasmuch as a PC automatically captures the images, downloading them to the cache, and that causing them to be visible on the screen amounts to control. Full Article

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  1. Q

    Even if it was your first computer and you had no idea windows computers download and store images by default?

    “The court also said that viewing the images constitutes possession inasmuch as a PC automatically captures the images, downloading them to the cache, and that causing them to be visible on the screen amounts to control.”

    Is this why whoever it is that controls what is said about you in the public record says things like “distribution” “for sale” “for trade” “for profit” “criminal enterprise” etc, even though you had absolutely no idea where to sell, distribute anything for trade or profit?

    “The observation was dictum because Cantil-Sakauye went on to say that the defendant in the case “knowingly possessed or controlled images of child pornography,” including his controlling the images by manipulating them on his PC.”

    Is this why one judge will call something that is red white, and another judge will rule it’s purple when it’s actually red?

    ““[T]he federal and state statutes are different and subject to different interpretations,” the jurist wrote, noting that the court in Tecklenburg came to the same conclusion.”

    Do states rewrite federal laws already in place to suite them, thus creating different interpretations/confusion?

    • broken wings

      Sounds like the only thing you can do if you find these images is smash your computer, but if the images were sent by law enforcement, then it would be destroying evidence. Compliance is violation. Ingnorance is strength. Strength is weakness. I love Big Brother.

  2. Tired Of Hiding

    OK, so next they will say that THINKING ABOUT CP is a crime. One stop closer to thought police. Come on…I think there are more than enough laws about this without adding something like this.

    It sounds more like censorship than anything else. The are trying to scare people into not exploring anything for fear that they might click on the “wrong” sort of link and end up in jail or worse…on the SEX OFFENDER LIST.

  3. Jason Wilson

    How about the FBI getting into trouble for “possession” for controlling the “darknet” servers they recently intercepted for the purpose of placing malware onto the machines of those visiting.. so they can collect information about each PC that can lead to arrests?

    They were in fact, guilty of possession.

  4. MCH

    We all know that FBI and law encroachment personnel are exempt from the laws that put Joe Average in jail/prison. We also know that FBI possesses and transmits thousands of kiddie porn images from some dark corner office while they’re doing God-knows-what behind closed doors and getting their jollies. Perhaps the greatest sexual thrill the FBI gets is planting kiddie porn images into unsuspecting computer hard drives so they can make a no brainer arrest and protect the rest of mankind from potential child abusers and child traffickers, then get their names out there as the good guys. These days, law encroachment personnel are rarely considered the good guys, but are fast becomming the norm for law breaking and living above the law. If ever cops of any kind have a vendetta against you, they will find exactly what they want to find. Be vigilant, cautious and very, very afraid of this government.

    • Q

      Hi MCH:

      Not only do they transmit kiddy porn and host web sites, but now it’s even easier for them to catch anyone looking, either intentionally or unintentionally. Ever heard of “stingray”?

      https://www.techdirt.com/articles/20140313/12065026569/newly-obtained-documents-show-law-enforcement-agencies-all-over-california-are-using-stingray-devices.shtml

    • Tired Of Hiding

      I totally agree with you. Most of them are sociopaths with savior complexes and riddled with insecurities. The only reason to get into a “profession” where you spend your time monitoring and controlling other people is that you feel that need in order to have any sort of self-esteem.

      You are also right that if you are targeted by one of these freaks they will nail you. They have the power since the law is designed to be against you and they not hesitate to plant evidence to assure your guilt. They are also know to harass, threaten, and intimidate for their sadistic personal entertainment.

      Clearly there are a significant number of them who are get into the CP side of this because they are sexual aroused by CP. It simply is a fact when you research it and see that a number of them are finally caught for this very thing.

      Since they protect and cover up for each other who knows what the actual number is! It is pretty obvious however, that those who are the most vocal usually are the ones with the “secret” personal interest in it.

  5. sadandmad

    why are these sites even up?

    i understand that it’s illegal to view, what about the guy who put the site up?

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