SENATE CONSIDERS BILL REQUIRING TECHNICIANS TO REPORT CHILD PORNOGRAPHY

The Michigan State Senate took testimony regarding a bill which if passed, would require computer technicians to report any child pornography they find on a client’s computer. According to a Michigan news source, the bill will be introduced along with testimony from Dan Tomaszewski, whose Georgetown Township-based Computer House Calls reported child pornography found last year on a client’s computer, despite there not being a law requiring such action.

Although there are no Michigan laws requiring computer technicians to report child pornography they find on client’s computers, laws are currently in place to provide legal protection to the technicians should they decide to do so. The proposed law would not allow technicians to actively search for child pornography on a client’s computer, but would require them to report child pornography found within the scope of their employment.

Opposition will likely come from those who feel the bill is an invasion of privacy, as did when South Carolina passed a similar law in 2001. Michigan Senator Wayne Kuipers, who is proposing the bill, argues that the bill will act as an additional tool for law enforcement, which currently has trouble finding those in possession of illegal child pornography. To date, similar laws have been passed in Arkansas, Missouri, Oklahoma, South Carolina, and South Dakota.

Child Pornography

Federal Law defines child pornography as “a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, photography, film, video, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where it a) depicts a minor engaging in sexually explicit conduct and is obscene, or b) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, and such depiction lacks serious literary, artistic, political, or scientific value.” Possessing, making and distributing child pornography is illegal in all 50 states, including Pennsylvania, and it is an offense which carries serious legal penalties.

If you have been arrested and charged with owning, making, or distributing child pornography, a Pennsylvania Criminal Defense Attorney can help. There are defenses which are available to you, so do not hesitate to contact us immediately.