Ore. High Court: Viewing Child Porn Online Doesn’t Violate State Possession Law
The Oregon Supreme Court has ruled that state law does not bar computer users from viewing child pornography online.
State law says anyone who “knowingly possesses or controls” child pornography is guilty of a crime. According to the Oregon high court, there is no violation if someone views child porn without intentionally saving or duplicating the images, the Register-Guard reports.
The court ruled in two cases. In one opinion involving a Eugene, Ore., man, the court noted that issues highlighted in the case have prompted some legislatures to pass laws that specifically bar the viewing of child porn online.
In the Eugene case, police had discovered the child porn in a temporary file cache on the computer of Barry Lowell Barger as part of a child abuse investigation. He had been sentenced to 16 months in prison on the porn possession charge and 25 years for sexually abusing two young children.
Kristin Carveth told the Register-Guard that the sentences were to run concurrently and it’s unlikely the supreme court decision will make a difference in the time he will serve behind bars.
Hat tip to How Appealing.
