Court: Dad can paste daughter's face on porn photo

SFGate ^ | June 9, 2011 | Bob Egelko

[Bed_Zeppelin]

A Milpitas man who used a computer to paste photos of his 13-year-old daughter's head onto bodies of women in graphic poses shouldn't have been convicted of possessing child pornography because the pictures didn't show minors engaging in sex acts, a state appeals court ruled Wednesday.

California's child porn ban, punishable by up to three years in prison, "requires a real child to have actually engaged in or simulated the sexual act depicted," said the Sixth District Court of Appeal in San Jose.

[Sherman Logan]

Can we beat the crap out of him?

[cranked]

So, as long as you do not do the act for “real” then fantasizing is all good to go, huh? =.=

[null and void]

Thought you might find this disturbing...

[glorgau]

While creepy, it shouldn’t be criminal. We’re not yet prosecuting thought crime.

[stansblugrassgrl]

Should have shot him. That guy is one sick.....

[nkycincinnatikid]

Fine. Then convict him of wasteing oxygen and make him the star of a 30 second snuff film.

[PGR88]

Sick Sick Sick!

[Vigilanteman]

At the very least, any “father” which would do this type of thing to his own daughter has shown himself to be an unfit parent. I say let him spend just a weekend as the bunk muffin of some 300 lb. gorilla at the local hoosegow so he can think over the consequences of his actions.

[Jedidah]

Creepy.

I hope mom has the good sense to get that poor girl away from this pervert.

[Tex-Con-Man]

So, as long as you do not do the act for “real” then fantasizing is all good to go, huh?

It's the pressure relief valve theory. The thinking being that allowing the pervs to use virtual images to achieve gratification, perhaps they will leave the real live children alone. I don't buy it.

[Lazamataz]

THIS IS F****** SICK.

Poor daughter.

[momtothree]

I am hoping and praying for all that is holy that the Mom stops contact with the daughter and he so-called Father. He gave her pot, alcohol and took photos of her in her undies (asking her to strip as well). The police only found the online photos of daughter’s face and porn. I hope they at least found out this guy is a pervert before he hurt his daughter.

[Dilbert San Diego]

No we don’t want to prosecute thought crime. But this guy has some problems in the head, if he has some sick fantasy or dreams about his own daughter in this way.

[Psalm 144]

“While creepy, it shouldn’t be criminal. We’re not yet prosecuting thought crime.”

We are, but not if they center on sexual deviancy.

Threats at any level to leftist authority, creeds and dogma though, will be.

[Lazamataz]

It's the pressure relief valve theory. The thinking being that allowing the pervs to use virtual images to achieve gratification, perhaps they will leave the real live children alone. I don't buy it.

Porn doesn't relieve pressure. Porn channels and causes more-of.

[I cannot think of a name]

Can we beat the crap out of him?

Only if we can Photoshop the head of a 13 year old girl onto his body after we are finished.

[KarlInOhio]

I don't like the law, but the appeals court did what it was supposed to do and rule on the law rather than on the judges' whims. Go back to the state legislature if you want a different law - although it looks like there might be a first amendment problem with it from other court rulings.

[ßuddaßudd]

Joseph Gerber of Milpitas CA is a crime waiting to happen imho . . .

[Psalm 144]

“I don’t buy it.”

No, it actually escalates the interest.