Controversial NY Appellate Decision

Controversial NY Appellate Decision

A controversial ruling from a New York court of appeal revolves around an issue that is likely to be debated across the country. The court reversed a conviction for possession of child pornography and found that "merely viewing, absent other proof, does not constitute either possession or procurement" under New York law. Here is a link to the court's opinion: NY appellate opinon

Florida and Federal laws also prohibit the possession of such images. Naturally, many people might find the ruling shocking since no one is in favor of 'legalizing' child pornography. However, the evils of child pornography were not the focus of the court's concern. The troubling question is whether an otherwise innocent person could unknowingly possess these illegal images and be subject to criminal prosecution.

The New York court of appeal did not legalize child pornography, it simply requires that their government prosecutors must present additional evidence other than evidence showing the images were temporarily stored in the computer's cache.

This case illustrates the changing landscape of criminal prosecutions in a digital age. If you, or a loved one, is facing a criminal prosecution for possessing illegal content on a computer contact Taylor & Waldrop. Allegations like these carry serious penalties and evoke little sympathy from the public. Our lawyers will be by your side to defend these allegations if you need a criminal lawyer in St. Johns County.


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