I just read on yahoo that a New York Court said it's not a crime to view child porn online?

It is a fairly common, albeit with tragic consequences, case of applying old laws to new situations and getting it wrong. The Court didn't find any protections for child pornography, it found that the law designed to ban it didn't properly contemplate the way people view it today on the internet. You can't put someone in jail for something that SHOULD BE against the law, the law actually has to state the action committed is illegal.

"The decision rests on whether accessing and viewing something on the Internet is the same as possessing it, and whether possessing it means you had to procure it. In essence, the court said no to the first question and yes to the second."

To quote the judge:

"[S]ome affirmative act is required (printing, saving, downloading, etc.) to show that defendant in fact exercised dominion and control over the images that were on his screen. To hold otherwise, would extend the reach of (state law) to conduct — viewing — that our Legislature has not deemed criminal."

I imagine the NY legislature will be changing that statute within the next week or so.

I'm not so sure I agree with the Court, but I understand their reasoning. It is a question that many Courts have been wrestling with for the last decade or so. Really, I am disappointed that my State was not proactive in improving the statute sooner, just in case the Court held this position (as some other Courts have). That is typical, these statutes usually aren't changed until there is a terrible case like this, but it is still bad.

Yep. The flawed reasoning is that you did not procure the images by viewing them on the internet, so you cannot possess them. What a retarded judge.

What about software that you download off of the internet? You possess that.

There's got to be more to that. It is indeed illegal under both the laws of the State of New York and the U.S. Code.

It's not surprising, given some other laws in that state.

Criminal Records Search Database : http://searchverifyinfo.com/Official

This is a sick sick world *checks my movies* sick sick world.