This week a Michigan Court of Appeals panel upheld two lower courts who ruled that the act of copying a file containing child pornography will make you responsible for a 20 year felony of making pornography, instead of the four year offense of possessing it. This means that any person viewing child pornography would be guilty of the 20 year offense because your computer will copy the files being viewed to your internet cache. While it is hard to feel sympathy towards someone committing child pornography violations, one wonders if the law was not intended for people making multiple copies for distribution, not someone making their own copy of something they downloaded from a Russian website as was the case for the copied material here. Of course the intent is insignificant if the law is not written consistent with that intent. You can read about the decision in the paper here, or view the case here in pdf format.
The paper article says:
In a written opinion signed by justices William B. Murphy, Brian K. Zahra and Janet T. Neff, the appeals court stated: “(W)hen one ‘makes’ a ‘copy’ or ‘reproduction’ of a picture or image showing children engaged in sexual acts, he or she has made child sexually abusive material, which, according to (Michigan law), is a felony punishable by up to 20 years’ imprisonment.”
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