New Law Closes Legal Loophole
Gov. Andrew M. Cuomo signed legislation last Friday, Sept. 7, that strengthens the laws against internet access of child pornography.
The new law amends New York’s Penal Law to prohibit individuals from knowingly accessing with the intent of viewing child pornography on the internet. Currently, under New York law, an individual who views child pornography on a website where the images become automatically embedded in a computer does not “possess” child pornography. This legislation closes that loophole.
Under the new law if an individual purposefully accesses a website, intending to view child pornography, he or she will be committing a class E felony.
As a result of this new law, child pornography can never be legally possessed in New York State.
“With the strengthening of these laws, we eliminate any loophole to better protect our children from predators,” said Cuomo. “This new law stops criminals who have been able to escape prosecution and punishment for too long. I applaud Majority Leader [Dean] Skelos, Speaker [Sheldon] Silver and the bill sponsors for their leadership and dedication to keeping our kids safe. By working together, we are ensuring that all New Yorkers, especially children, are kept safe and that justice is rightfully served.”
In 1996, New York state enacted a law prohibiting the possession of child pornography. However, in a case decided on May 8 of this year, the New York Court of Appeals held that existing law did not prohibit “accessing and viewing” child pornography on the internet.
The court specifically invited the state to amend the Penal Law to criminalize accessing child pornography with the intent to view it on the Internet.
