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Anti-Child Porn Bill Hits Pete Townshend-like Road Block
BY Ken Lovett
Talks to make it a felony to view child porn on the Internet have bogged down over the Assembly Democrats’ insistence the bill include a carve out for those claiming to be studying the issue academically, a source with knowledge of the negotiations said.
“They are holding up the bill because they want it,” the source said.
Gov. Cuomo and the Senate Republican leadership are opposed to the idea.
“Viewing child porn should be a crime,” the source said. “Giving some sort of immunity or way out does not work.”
An Assembly source said current law exempts people studying child porn for academic purposes. The question, the source said, is whether a new provision of law must include a similar exemption.
“At the end of the day, we’re talking principle more than practicality here,” the source said. “Do we look to be consistent or logical or do we try to look good politically? In the end, we might say ‘screw it, let’s do the latter.’”
The state’s highest court recently ruled that viewing child porn on the Internet under current state law “is not enough to constitute their procurement or possession.”
The court found that printing, saving, downloading or other action is needed to prove someone “exercised dominion and control over the images that were on his screen.”
State leaders are working on a law that would make it a felony to knowingly access child porn with intent to view.
Another issue the Assembly had raised is what happens if someone visits a child porn site they thought was something else.
“Someone might type in 'Little Boy Blue' thinking it’s a family site and then finds it’s not,” another Assembly source argued.
Assembly bill sponsor Joe Lentol (D-Brooklyn) said he’s been told his house has objections, but hasn’t yet heard the specifics.
“I think a deal will happen,” Lentol said. “It’ s just a question of timing. We tend to look at everything more carefully than the Senate. That could be a fault or it could be a gift because we do it the right way.”
Pete Townshend of The Who in 2003 was caught up in a police probe after it was found he had used his credit card to enter a kiddie porn site. Townsend had claimed he was doing research and did not download any material. After police found no material on his computer, he was cautioned, but not arrested.
BY Ken Lovett
Talks to make it a felony to view child porn on the Internet have bogged down over the Assembly Democrats’ insistence the bill include a carve out for those claiming to be studying the issue academically, a source with knowledge of the negotiations said.
“They are holding up the bill because they want it,” the source said.
Gov. Cuomo and the Senate Republican leadership are opposed to the idea.
“Viewing child porn should be a crime,” the source said. “Giving some sort of immunity or way out does not work.”
An Assembly source said current law exempts people studying child porn for academic purposes. The question, the source said, is whether a new provision of law must include a similar exemption.
“At the end of the day, we’re talking principle more than practicality here,” the source said. “Do we look to be consistent or logical or do we try to look good politically? In the end, we might say ‘screw it, let’s do the latter.’”
The state’s highest court recently ruled that viewing child porn on the Internet under current state law “is not enough to constitute their procurement or possession.”
The court found that printing, saving, downloading or other action is needed to prove someone “exercised dominion and control over the images that were on his screen.”
State leaders are working on a law that would make it a felony to knowingly access child porn with intent to view.
Another issue the Assembly had raised is what happens if someone visits a child porn site they thought was something else.
“Someone might type in 'Little Boy Blue' thinking it’s a family site and then finds it’s not,” another Assembly source argued.
Assembly bill sponsor Joe Lentol (D-Brooklyn) said he’s been told his house has objections, but hasn’t yet heard the specifics.
“I think a deal will happen,” Lentol said. “It’ s just a question of timing. We tend to look at everything more carefully than the Senate. That could be a fault or it could be a gift because we do it the right way.”
Pete Townshend of The Who in 2003 was caught up in a police probe after it was found he had used his credit card to enter a kiddie porn site. Townsend had claimed he was doing research and did not download any material. After police found no material on his computer, he was cautioned, but not arrested.