NEW YORK—New York’s penal law has a loophole in its child pornography laws, which Gov. Andrew M. Cuomo and state politicians aim to close.
A new agreement announced Monday stems from a case decided on May 8 when the New York Court of Appeals found that the current law at that time did not prohibit “accessing and viewing” such pornography on the Internet.
The agreed legislation would close the loophole, effectively making any person who “purposefully accesses a website, intending to view child pornography,” subject to a class E felony—making any possession or access of such material, irrespective of circumstance, completely illegal.
“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,” states the release. “This bill would address that glaring loophole.”
“Viewing child pornography is a despicable act,” said Senate Majority Leader Dean Skelos in the release. “This legislation will help protect children by imposing tough new penalties on people who view or possess child pornography.”
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