New York Lawmakers Act to Make Viewing Child Porn a Felony

ALBANY, New York — New York Governor Andrew Cuomo and leaders of the state Senate and Assembly announced yesterday that they've reached an agreement that makes viewing online child porn illegal under state law.

The bill would amend New York's penal law and prohibit individuals from knowingly accessing and intending to view child porn on the Internet.

Last month, the New York Court of Appeals ruled that viewing child porn online doesn't constitute either criminal possession or procurement under state penal law, shocking citizens and causing an outcry of concern from legislators.

The new measure now closes the legal loophole that said individuals who viewed child porn on a website where the images were automatically embedded in a computer does not "possess" the content.

If enacted in New York, anyone purposefully accessing a website with intent to view child porn will be committing a class E felony.

"Today, just a month from the time that citizens of New York and our nation were shocked and offended by a loophole that prevented the appropriate prosecution of individuals who view child pornography, we have effectively changed the law," Senator Martin Golden, a co-sponsor of the bill said.

The new state law now more closely resembles the federal law that can be used when a federal agent is involved in an investigation.

“New York will now conform with federal regulations and rightly classify viewing child pornography as a crime. I commend Governor Andrew Cuomo and my colleagues in the State Legislature because our children, families and all citizens will be safer because of these efforts,” Golden said.

Cuomo said he will sign the law that's expected to pass in both state houses by the end of the legislative session on Thursday.

"Together with my colleagues in the Senate and Assembly, we are taking every precaution to ensure that our children are protected and that justice is served," Cuomo said.

The Association of Sites Advocating Child Protection (ASACP) weighed in on the new proposal.

"ASACP supports legislation that helps to protect children from victimization online and allows for the successful prosecution of those that would abuse them. Clearly, New York's law required change in order to close a loophole which allowed for the viewing of online child pornography as long as the content was not saved / downloaded," executive director Tim Henning said.

He added, "Legislative bodies are continually struggling to keep pace with online technologies that are abused by criminals including those that sexually abuse innocent children. Historically this has always been the case due to the pace at which new online technologies emerge. It is important to note that the new bill closely parallels current federal law — no doubt an effort by New York's lawmakers to be consistent and fair in its approach."

Related:  

Copyright © 2024 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

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims in a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Phoenix Marie Sues Aylo, Danny D Over Incident on Digital Playground Set

Phoenix Marie has filed a lawsuit against Aylo, performer/producer Danny D and other defendants, alleging she has suffered defamation and damage to her career over a 2023 incident on a Digital Playground set in Spain.

Atlanta Authorities Renew Attack on Adult Boutique Tokyo Valentino

The saga of beleaguered Georgia adult boutique Tokyo Valentino continues with a renewed attempt by authorities to shut down another of its locations.

Show More