A Bay Area man previously convicted of possession of child pornography was let off the hook today by the Sixth District Court of Appeal. The conviction came after Joseph Gerber of Milpitas, CA photoshopped the face of his daughter onto pornographic images. All of this on top of giving his estranged daughter weed and cocaine. I am personally nominating Gerber for idiot-father of all time.
As bad as all of this was, the Sixth District Court was hamstrung and couldn’t uphold the kiddie-porn conviction because of two reasons. First, California law requires that in order to call an image “child pornography” a child must “have actually engaged in or simulated the sexual act depicted,” Gerber’s daughter wasn’t abused in this way. Idiot-father-of-all-time nominee Joe Gerber was just taking some ordinary “family pics” of his little girl.
The second reason the Court was forced to overturn the conviction was a 2002 Supreme Court decision involving “virtual child pornography” that wound up protecting the creation of kiddie-porn that is entirely computer-generated as free expression. That’s right, folks – Kiddie-porn bad; CGI Kiddie-porn…uhm…not bad? 8BD’s sketchiest legal researcher (me) has informed (also) me that a more recent Supreme Court decision in 2009 bans the distribution of this variety of kiddie-porn, but pardon me if I’m still not satisfied. There’s a big fat loop-hole in this whole plan.