Sexual pics of Simpsons kids not porn, says judge

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The Simp­sons

Down­loaded images of chil­dren from “The Simp­sons” involved in sex­u­ally explicit acts don’t con­sti­tute child pornog­ra­phy, an Ottawa judge ruled Monday.

Two dirty pic­tures of Bart and Lisa Simp­son and Bart’s friend Mil­house found in the recy­cle bin of Richard Osborn’s com­puter can’t be kid­die porn because an objec­tive observer “would find it dif­fi­cult, if not impos­si­ble” to tell the ages of the char­ac­ters from the car­toon sit­com by view­ing the pic­ture, Ontario Court Jus­tice Robert Fournier said.

My per­spec­tive is that the char­ac­ters depicted could just as eas­ily be per­ceived as teenagers or young adults,” said Fournier, who acquit­ted the “depraved” man.

How­ever, the judge accepted a detective’s tes­ti­mony that Lisa is eight years old on the show, while Bart and Mil­house are 10.

Absent a depic­tion of the tod­dler Mag­gie Simp­son in this car­toon, wear­ing a dia­per and with a soother in mouth, it is vir­tu­ally impos­si­ble to find beyond a rea­son­able doubt that the par­tic­i­pants in this sce­nario are under 18 years of age,” Fournier remarked. That wasn’t obvi­ous, accord­ing to the judge.

But Fournier did find Osborn, 46, guilty of pos­sess­ing child pornog­ra­phy in con­nec­tion with a sep­a­rate set of images. Osborn was also con­victed of voyeurism for film­ing young girls at Mooney’s Bay beach and in a backyard.

Pros­e­cu­tor John Ram­say charged that down­load­ing and print­ing the Simp­sons pic­tures con­sti­tuted the mak­ing of child pornog­ra­phy. But Fournier found otherwise.

Osborn has spent the past 10 months in jail. His lawyer, Gra­ham Mur­ray, argued that his client should be released with time served, along with con­di­tions to get help.

The Crown has asked for a 18– to 24-month sen­tence less time served, along with pro­ba­tion for three years.

Fournier plans to ren­der a deci­sion Octo­ber 6.

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MrClevland has been a cartoon fan since, well, infancy. He has been writing nearly that long. Opinionated, yes, but backed with a wealth of personal knowledge on the subject. You can give r. C a piece of your mind here.

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