And like you already said, it's like drugs. It isn't illegal to do drugs, it's illegal to possess those drugs. It isn't illegal to watch and masturbate to child porn, it's illegal to actually have a copy on your hard drive that you can view without the internet.
I've got a horrible feeling he's right. Governments set guidelines for what is illegal, not what is legal. No wonder it's so hard to find conclusive evidence.
I can't find any evidence for bathing in ketchup being legal, doesn't mean it's illegal. ;)
On a serious note, if you do find anything conclusive about the streaming thing, please post it, I'd like to know.
I don't have any interest in getting my boyfriend in trouble with the law, so to me this is irrelevant. Its really a moral issue for me. There are a lot of laws I don't agree with. I don't really think my boyfriend should be jailed for just looking at some pictures online, however I also don't think I really want to be intimate with someone who looks at that kind of material.
Even if it IS a crime you don't think he should be jailed? Even though his actions contribute to the demand and subsequent production of photos which are made by exploiting children?
Downloading it, paying for it, commissioning it or encouraging it creates demand.
Scrolling through an image board then leaving does not.
If he only did the latter, I can't see how that contributes to any demand. It's like... sneaking into a cinema to watch a movie.
I've known friends who have shoplifted before. I know friends who have urinated in a public place before. I know friends who have driven whilst over the limit before. Should I call the police on every one of them?
Clearly you have no idea how the porn industry works, let alone the child porn industry.
In professional porn, the producers hate the amateurs that are producing free porn. I bet they hate the people uploading their own vids to free websites even more, and the porn makers probably try to press charges against the websites featuring their paid content for free.
It is very difficult to find. It doesn't appear to be illegal to simply view it everywhere but it is in some places.
Washington state says,
(1) A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the first degree, a class B felony punishable under chapter 9A.20 RCW.
(2) A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the second degree, a class C felony punishable under chapter 9A.20 RCW.
(3) For the purposes of determining whether a person intentionally viewed over the internet a visual or printed matter depicting a minor engaged in sexually explicit conduct in subsection (1) or (2) of this section, the trier of fact shall consider the title, text, and content of the visual or printed matter, as well as the internet history, search terms, thumbnail images, downloading activity, expert computer forensic testimony, number of visual or printed matter depicting minors engaged in sexually explicit conduct, defendant's access to and control over the electronic device and its contents upon which the visual or printed matter was found, or any other relevant evidence. The state must prove beyond a reasonable doubt that the viewing was initiated by the user of the computer where the viewing occurred.
(4) For the purposes of this section, each separate internet session of intentionally viewing over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct constitutes a separate offense.
-SO- the conclusion is, it may or may not be legal depending on what state you live in.
Yes, states have the authority to change their own laws, make drugs legal, make harmless plants illegal, make weird ass laws no one knows about etc. I was more referring to the standard U.S. law that the federal government states. And in places like Oregon, New York, and Georgia, where they ruled that it is only illegal once you PURPOSELY download a copy. <a href="http://www.oregonlive.com/pacific-northwest-news/index.ssf/2011/01/oregon_supreme_court_rules_that_simply_viewing_child_pornography_on_the_internet_isnt_illegal.html" rel="nofollow">http://www.oregonlive.com/pacific-northwest-new...</a>
http://www.bernardbrody.com/the-debate-continues-is-the-mere-viewing-of-child-pornography-illegal/
Not exactly, the state laws can't override federal laws. State laws can expand on Federal laws as long as it's Constitutional but they can't negate federal laws. Drugs are still illegal everywhere until the federal law changes it's just that some states are refusing to deal with marijuana offenses but technically the feds can come make the arrests.
Hmmm, that's interesting. Well done for finding that, I couldn't find anything!
In a way it makes sense that its not well known, it's probably best that most people think its illegal even if its not. One has to wonder why it isn't illegal everywhere though. Very concerning indeed!
Thanks for getting back to me :)
Well done for finding the one state that has ruled against everyone else? Can I get a well done for giving you examples of states that have upheld the federal law, in that it isn't illegal until you purposely download the child porn.
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2011/01/oregon_supreme_court_rules_that_simply_viewing_child_pornography_on_the_internet_isnt_illegal.html
This is a strange subject. I'm really surprised by what this research has turned up! I never in my life imagined I'd be looking at child porn laws either. What the hell am I doing?? :)
Is it normal that my boyfriend was looking at pictures of child porn?
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Can you link this information?
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davesumba
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Nope. I have better things to do than prove something so trivial to someone that I already spent time to look into for myself before.
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IntergalacticMarketAnalyst
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I doubt you on both counts.
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davesumba
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TweedRanger
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And like you already said, it's like drugs. It isn't illegal to do drugs, it's illegal to possess those drugs. It isn't illegal to watch and masturbate to child porn, it's illegal to actually have a copy on your hard drive that you can view without the internet.
I've got a horrible feeling he's right. Governments set guidelines for what is illegal, not what is legal. No wonder it's so hard to find conclusive evidence.
I can't find any evidence for bathing in ketchup being legal, doesn't mean it's illegal. ;)
On a serious note, if you do find anything conclusive about the streaming thing, please post it, I'd like to know.
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IntergalacticMarketAnalyst
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I don't have any interest in getting my boyfriend in trouble with the law, so to me this is irrelevant. Its really a moral issue for me. There are a lot of laws I don't agree with. I don't really think my boyfriend should be jailed for just looking at some pictures online, however I also don't think I really want to be intimate with someone who looks at that kind of material.
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TweedRanger
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Even if it IS a crime you don't think he should be jailed? Even though his actions contribute to the demand and subsequent production of photos which are made by exploiting children?
MORALS?
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disthing
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davesumba
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I disagree. As I said below:
It depends on how he interacted with it.
Downloading it, paying for it, commissioning it or encouraging it creates demand.
Scrolling through an image board then leaving does not.
If he only did the latter, I can't see how that contributes to any demand. It's like... sneaking into a cinema to watch a movie.
I've known friends who have shoplifted before. I know friends who have urinated in a public place before. I know friends who have driven whilst over the limit before. Should I call the police on every one of them?
Clearly you have no idea how the porn industry works, let alone the child porn industry.
In professional porn, the producers hate the amateurs that are producing free porn. I bet they hate the people uploading their own vids to free websites even more, and the porn makers probably try to press charges against the websites featuring their paid content for free.
It is very difficult to find. It doesn't appear to be illegal to simply view it everywhere but it is in some places.
Washington state says,
(1) A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (a) through (e) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the first degree, a class B felony punishable under chapter 9A.20 RCW.
(2) A person who intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011(4) (f) or (g) is guilty of viewing depictions of a minor engaged in sexually explicit conduct in the second degree, a class C felony punishable under chapter 9A.20 RCW.
(3) For the purposes of determining whether a person intentionally viewed over the internet a visual or printed matter depicting a minor engaged in sexually explicit conduct in subsection (1) or (2) of this section, the trier of fact shall consider the title, text, and content of the visual or printed matter, as well as the internet history, search terms, thumbnail images, downloading activity, expert computer forensic testimony, number of visual or printed matter depicting minors engaged in sexually explicit conduct, defendant's access to and control over the electronic device and its contents upon which the visual or printed matter was found, or any other relevant evidence. The state must prove beyond a reasonable doubt that the viewing was initiated by the user of the computer where the viewing occurred.
(4) For the purposes of this section, each separate internet session of intentionally viewing over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct constitutes a separate offense.
-SO- the conclusion is, it may or may not be legal depending on what state you live in.
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TweedRanger
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Yes, states have the authority to change their own laws, make drugs legal, make harmless plants illegal, make weird ass laws no one knows about etc. I was more referring to the standard U.S. law that the federal government states. And in places like Oregon, New York, and Georgia, where they ruled that it is only illegal once you PURPOSELY download a copy. <a href="http://www.oregonlive.com/pacific-northwest-news/index.ssf/2011/01/oregon_supreme_court_rules_that_simply_viewing_child_pornography_on_the_internet_isnt_illegal.html" rel="nofollow">http://www.oregonlive.com/pacific-northwest-new...</a>
http://www.bernardbrody.com/the-debate-continues-is-the-mere-viewing-of-child-pornography-illegal/
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Not exactly, the state laws can't override federal laws. State laws can expand on Federal laws as long as it's Constitutional but they can't negate federal laws. Drugs are still illegal everywhere until the federal law changes it's just that some states are refusing to deal with marijuana offenses but technically the feds can come make the arrests.
Hmmm, that's interesting. Well done for finding that, I couldn't find anything!
In a way it makes sense that its not well known, it's probably best that most people think its illegal even if its not. One has to wonder why it isn't illegal everywhere though. Very concerning indeed!
Thanks for getting back to me :)
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davesumba
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IntergalacticMarketAnalyst
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Well done for finding the one state that has ruled against everyone else? Can I get a well done for giving you examples of states that have upheld the federal law, in that it isn't illegal until you purposely download the child porn.
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2011/01/oregon_supreme_court_rules_that_simply_viewing_child_pornography_on_the_internet_isnt_illegal.html
http://www.bernardbrody.com/the-debate-continues-is-the-mere-viewing-of-child-pornography-illegal/
I just found a very informative source citing landmark cases and newer state laws:
http://www.ndaa.org/pdf/Viewing%20Child%20Pornography2012.pdf
This is a strange subject. I'm really surprised by what this research has turned up! I never in my life imagined I'd be looking at child porn laws either. What the hell am I doing?? :)