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Reply #59: "If the state in question depends upon the control issue, and the images were in Jim's computer [View All]

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Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
Time for change Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-16-08 02:20 AM
Response to Reply #57
59. "If the state in question depends upon the control issue, and the images were in Jim's computer
then charging him is legitimate."

Why?

There's no evidence that Jim had control of the computer when the images were downloaded. In fact, the evidence strongly suggests that they were not, since they were downloaded from my computer as well.

The images were not cartoons. I saw them on my computer. But my understanding is that it is possible for people to create images of people that are indistinguishable from real people. The USSC decision applies only to real children, or at least the use of real children to create the images. So my guess is that, given that this was dismissed on first amendment grounds, the reason behind that ruling must be that it could not be determined whether the images on Jim's computer were of real children. I believe that I was told that was the case, but I can't remember for sure.
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