Cuomo signs law closing loophole that allowed perverts to view child porn online

September 12, 2012 By Paula Katinas
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A loophole in state law that permitted people to view child pornography online without fear of prosecution has been closed. Governor Andrew signed legislation that lawmakers said would strengthens the laws against internet access of child pornography.
 
State Sen. Marty Golden (R-Bay Ridge) and Assemblyman Joe Lentol (D-North Brooklyn) were the sponsors of the legislation.
 
The new law amends New York State penal code to prohibit individuals from knowingly accessing child porn sites on the Internet. Under the old law, a person who views child pornography on a website where the images become automatically embedded in a computer did not technically possess child pornography.
 
Under the new law, if an individual purposefully accesses a website, intending to view child pornography, he or she will be committing a felony.

“With the strengthening of these laws, we eliminate any loophole to better protect our children from predators,” Cuomo said when he signed the legislation into law on Sept. 7. “This new law stops criminals who have been able to escape prosecution and punishment for too long,” the governor said.
 
Golden, a retired New York City cop, said the new law will protect families
 
“New York and our nation were shocked and offended when they learned of a loophole that prevents the appropriate prosecution of individuals who view child pornography. Our children, families and all citizens are safer because of this new law that puts in place stricter penalties against this wrongful behavior. New York now conforms with federal regulations and rightly classifies viewing child pornography as a crime,” he said.
 
In 1996, New York State enacted a law prohibiting the possession of child pornography. But in a case decided on May 8, the New York Court of Appeals ruled that existing law did not prohibit “accessing and viewing” child pornography on the internet. The court recommended that the state amend the penal caw to criminalize accessing child pornography with the intent to view it on the internet, Golden said.
 
“Viewing child pornography is a deplorable act. This new law closes a legal loophole that never should have existed in the first place by imposing tough new criminal penalties on people who view or possess child pornography,” State Senate Majority Leader Dan Skelos said.
 
Assembly Speaker Sheldon Silver said, “In prohibiting Internet access of child pornography, we are placing one more safeguard between our children and heinous predators,” Assembly Speaker Sheldon Silver said.

“This legislation closes a crucial loophole that endangered the safety and protection of our children. The signing of this legislation is something all New Yorkers can applaud,” Lentol said.
 
“No child should be exploited,” Lentol added.

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