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Updated: 7:20 AM Jul 2, 2009
Wis. Supreme Court Gets Child Porn Case
A state appeals court has asked the Wisconsin Supreme Court to decide whether viewing child pornography amounts to possession.
Posted: 10:31 AM Jul 1, 2009Reporter: Associated Press |
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5 Comments 
MADISON, Wis. (AP) -- A state appeals court has asked the Wisconsin Supreme Court to decide whether viewing child pornography amounts to possession.
The question involves 58-year-old Benjamin Mercer of Fond du Lac. He was convicted of more than a dozen counts of possession of child pornography in 2007 after his employer found images of children on his work computer.
Mercer argues prosecutors must show a defendant viewed images, acted on them and knew the computer would automatically save them to prove possession. Prosecutors countered that viewing the images is enough.
The 2nd District Court of Appeals says no other court in the nation has faced the question and the answer could affect all Internet users.
Supreme Court spokesman Tom Sheehan had no immediate comment on whether the court would accept the case.
(Copyright 2009 by The Associated Press. All Rights Reserved.)
Latest Comments
What about internet pop ups? So no you can go to jail for something out of your control?
Get real,pervert! Looking is just as sick. I'm not sure if it should be a law. Freedom,as awful as it is.
If the state Supreme Court overturns his conviction, then they should all be immediately recalled.
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