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Barclay: Court of Appeals Ruling Points Out Need to Strengthen Laws on Child Pornography

Assemblyman Will Barclay (R,C,I-Pulaski) expressed dismay and the need for legislative action after the New York State Court of Appeals ruled last week that viewing child pornography is not a crime. The court’s decision stated that downloading and saving images of child pornography is a crime, but merely viewing does not constitute criminal possession.

“Given the latest ruling from the New York State Court of Appeals, it’s clear we need to strengthen our laws,” said Barclay. “The court ruled that Internet users could only be penalized if these vile images were proven to be printed, downloaded or stored on a drive for later viewing.  In order to ensure justice and keep young children from being exploited, the Legislature must move to pass legislation that would include the viewing of child pornography as a crime.”

Barclay is in support of legislation that would strengthen the laws and ensure that viewing child pornography on the internet is punishable in it of itself.

The Court of Appeals ruling came in the case of James D. Kent, a Marist College professor convicted of two counts of procuring and 134 counts of possessing pornographic images of children performing sexual acts. The court ruled Kent was properly convicted because he had downloaded, saved and deleted 132 images, but felt the temporary files automatically stored from sites he viewed cannot be held against him under state law.

1 Comment

  1. Perhaps the Government should go after the web sites that publishes child pornography. Child Porn is disgusting, but if you live in Oswego County, New York, Judge Hafner will give these child molesters probation, and when they violate probation, the sex offender gets an extended amount of probation. It’s not in what can be viewed, it’s what these perverts are doing, and getting away with it. Watching pornography shouldn’t be a crime, but sending it, and acting on your perverted thoughts should be a crime.

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