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.
Umm, I never said anything necessarily about "overriding federal laws." The state can make whatever laws they want whether or not they go against federal laws, it is in the constitution and creates a separation of power. All that it means, is that state/federal officers enforce different laws.
If a federal officer was searching a perp's house and saw child porn in his history, he isn't going to do anything. But in Washington, if a state officer were to find the child porn in the search history, then he could press charges.
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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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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davesumba
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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.
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Umm, I never said anything necessarily about "overriding federal laws." The state can make whatever laws they want whether or not they go against federal laws, it is in the constitution and creates a separation of power. All that it means, is that state/federal officers enforce different laws.
If a federal officer was searching a perp's house and saw child porn in his history, he isn't going to do anything. But in Washington, if a state officer were to find the child porn in the search history, then he could press charges.
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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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/
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IntergalacticMarketAnalyst
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I only looked at a couple of states. You want more?
Here:
http://www.ndaa.org/pdf/Viewing%20Child%20Pornography2012.pdf
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?? :)