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Published May 09, 2012, 09:10 PM

New York's ruling for making child pornography legal leaves many with questions

(WDAY TV) -- The New York Court of Appeals ruled that in order to be convicted of possession of child pornography a person must make an affirmative act such as to print, download or save the image.

(WDAY TV) -- The New York Court of Appeals ruled that in order to be convicted of possession of child pornography a person must make an affirmative act such as to print, download or save the image.

Therefore, simply viewing the images or videos by browsing the internet is technically legal in the big apple.

But should such a distinction be made?

Greg Diehl: I don't think there's a difference between somebody that just views it and somebody that downloads it.

Minnesota defines possession as, "a computer disk or computer or other electronic, magnetic, or optical storage system or a storage system of any other type, containing a pornographic work, knowing or with reason to know its content and character"...North Dakota's law is very similar.

So it comes down to what constitutes possession.

Diehl: Obviously if there weren't people that were willing to download, to purchase, to trade those photos, the issue wouldn't be what it is.

In it's decision, the New York Court of Appeals writes quote, "We further conclude that merely viewing web images of child pornography does not, absent other proof, constitute either possession or procurement.".

The people we spoke with said there shouldn't be a distinction between those who view the content and those who download, print or save them.

Andy Fischer: I think they should eliminate all of it, it's just wrong.

Still others say this ruling is reflective of a much bigger issue.

John Schoenecker: When one thing is approved to be alright, considered to be okay, then another one, and another one, pretty soon we forgot where we started.

Dahl: Millions of people see that picture. That picture is never gone, so that child lives with the fact that that picture is out there for the rest of their life.

To learn more about the actual case the New York Court of Appeals ruled on and its legal reasoning, you can to our website, WDAY.com and follow the easy link.

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