Child Porn Case Could Establish Viewing as Possession

ATLANTA, Ga. – A Georgia court ruling could set a new precedent in that state under which viewing material on a web page could be considered possession of it.

“Someone in Atlanta will have to decide this,” a Walker County Superior Court judge said as she declared Edward Ray Barton guilty of 106 child sex exploitation charges, setting the stage for the Internet child porn case to appeal.

Barton had 156 child porn images stored in the temporary Internet files section of his Windows-formatted hard drive when the Georgia man’s computer was seized in December, 2003.

Because the images were in the temporary Internet files, Barton is not guilty of possession of child porn, his lawyers said. “Typically in cases like this, an image … is printed, saved and later deleted,” defense attorney Daniel Ripper said. “Some (conscious) act to acquire control occurred. There is no … element of control in this case.”

Because Windows automatically stores web pages viewed in a specific folder and Barton had no pornographic images elsewhere on his computer, Ripper said that possession did not occur.

Though the Association of Sites Advocating Child Protection Director Joan Irvine was not aware of any precedent in the American legal system stating that viewing child porn equaled possession of it, she felt that common sense dictates the importance of scale.

"One accidentally-downloaded email is not the same as hundreds of URLs in your history," she said.

"Although viewing child porn is immoral," she told XBiz, "It is not illegal."

Ripper said that no court in the United States has yet issued a decision on whether viewing material constitutes possession of it.

Barton was sentenced to 20 years in prison.

“This case could be precedent-setting, not only in the state, but nationwide,” Ripper said. “If the state statute remains the way it is, it could be a nightmare for the citizens.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Eva Maxim Leads AEBN's 'Top 10 Trans Stars' of 2024

AEBN has revealed its top trans stars of 2024 based on scene and movie sales, with Eva Maxim in the number one spot.

Pineapple Support Launches 'Spill the Tea Romania' Event Series

Pineapple Support has launched its Spill the Tea Romania community event.

Segpay Adds SEPA Payment Solution

Segpay has added a SEPA (Single Euro Payments Area) option to its direct payments solutions.

Hentaied Launches Fetish Sites Smoking Hawt, Tickling Launch

Two new fetish paysites, SmokingHawt.com and Tickling.com, have officially launched from the creator of Hentaied.com."Smoking has always been one of the most popular fetishes," said a rep. "The ability to get off just by watching someone smoke is one of the oldest fetishes."

FSC Summit 2025 to Be Held at XBIZ LA

Free Speech Coalition has released the schedule for its upcoming FSC Summit, taking place Jan. 16 in conjunction with XBIZ LA.

Penny Barber, Sir Peter Cap AEBN's Top 100 Stars of 2024

AEBN has revealed its top 100-selling stars of 2024 in both gay and straight theaters.

XBIZ Wonderland Party Set for Jan. 14, Sponsored by Playboy Plus, EVA AI

XBIZ is pleased to announce that the annual lingerie and pajama-themed Wonderland Party, sponsored this year by Playboy Plus and EVA AI, will be held Tuesday, Jan. 14, at Ballet Hollywood.

Pineapple Support to Host Sponsor Appreciation Event

Pineapple Support will host a live sponsor appreciation event in collaboration with Toys4Fans on Jan. 12.

Segpay Reports 15% Growth in 2024

Segpay announced today that it finished 2024 up 15% in overall growth.

2025 XBIZ Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ LA, the latest edition of North America’s largest adult industry conference, set to take place Jan. 13-16 at the Kimpton Everly Hotel in Hollywood.

Show More