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 © 2025 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

Ron Jeremy's Accusers Reach Settlement With Rainbow Bar & Grill

The Rainbow Bar & Grill has reached confidential settlements with a group of women who filed a negligence lawsuit against the Sunset Strip restaurant over alleged sexual assaults committed by Ron Jeremy, according to Rolling Stone.

Sportsheets Joins FSC as Gold Member

Sportsheets has joined Free Speech Coalition (FSC) as a Gold-level member.

Age Verification Watch: Two End Runs, Two Failed Bills

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

FSC Helps Defeat Colorado AV Bill

Free Speech Coalition (FSC) has announced that, with its help, Colorado's recently introduced age verification bill has been defeated.

Missouri AG Bypasses Legislature, Declares Age Verification Rule

Missouri Attorney General Andrew Bailey on Wednesday announced a new state regulation requiring adult sites to implement age verification of users, bypassing the legislative process in a strategy not seen before in state-level efforts to mandate age verification.

Attorney Corey D. Silverstein Launches 'Q&A Series' on Social Media

Adult industry attorney Corey D. Silverstein has launched a Q&A series on his social media platforms.

'Over the Top' North Carolina Bill Could Play Havoc With Adult Sites

A bill filed in the North Carolina state Assembly on Monday would impose new rules that industry observers warn could push adult websites and platforms to ban most adult creators and content.

Swedish Government Proposes Ban on Purchasing 'Remote' Sexual Services

The Swedish government has asked the country’s Parliament to amend Swedish law so that current laws against purchasing sexual services would also apply to acts performed remotely by cammers, streamers and custom content creators.

Ofcom: Age Assurance Going Live Across 'Thousands' of Porn Sites

U.K. communications regulator Ofcom said in a statement Thursday that providers of online pornography are implementing age assurance across “thousands of sites” accessible in the U.K., in response to Ofcom’s Online Safety Act (OSA) enforcement program.

Age Verification Watch: Patching the Holes

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Show More