Kiddie-Porn Officially Illegal In New York Again

Categories: Porn
Sorry, perverts -- the kiddie-porn sanctuary that was once New York is no more.

Bad news, perverts: kiddie-porn is illegal in New York again.

Believe it or not, prior to today, "viewing" kiddie-porn wasn't a crime in the Empire State -- thanks to a ruling in May by the New York State Court of Appeals, which determined that "viewing" kiddie-porn is perfectly legal because of a loophole in the law prohibiting child smut.

In June, Governor Andrew Cuomo and legislative leaders came to an agreement on a bill that would close that loophole, and today Cuomo signed that bill.

"With the strengthening of these laws, we eliminate any loophole to better protect our children from predators," Cuomo says. "This new law stops criminals who have been able to escape prosecution and punishment for too long."

In May, the Court ruled that while possessing, producing, and distributing child erotica is illegal under the current law, "possessing" kiddie porn and viewing it on the Internet are not the same thing. In other words, just because you saw smut on the Internet doesn't mean it's in your possession, and therefore isn't illegal.

"Merely viewing Web images of child pornography does not, absent other proof, constitute either possession or procurement within the meaning of our Penal Law," Senior Judge Carmen Beauchamp Ciparick wrote in the Court's ruling.

The ruling stems from the case of an assistant professor of public administration at Marist College, James D. Kent, who in 2009 was convicted of several kiddie porn-related crimes. Kent, who was sentenced to three years in prison after more than a hundred images of kiddie porn were found on his computer, claimed at his sentencing that (stop us if you've heard this one before) the kiddie porn wasn't his, and that someone at the college must have planted it on his computer.

Because of how the law was written (until today), the Court dismissed one of the two counts of promoting a sexual performance of a child and one of several counts of possession of child pornography on which Kent was convicted. Kent's (several) other convictions were upheld.

Despite the ruling, all of the judges agreed that kiddie porn is despicable, and invited state lawmakers to amend the law to close the loophole, which they were quick to do.

Thanks to the new law, any individual who purposefully accesses a website with the intention of viewing kiddie-porn will be committing a class E felony.

Click here to read the Court's May ruling. Click here to read about six things -- including farting in church and smoking pot -- that currently are more illegal than watching kiddie-porn in New York.

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