The state Senate has passed a bill aimed at closing “a gaping legal loophole” in that makes it legal in New York to view online child porn, according to Sen. Patty Ritchie.

Ritchie, a Republican from Heuvelton, co-sponsored the bill, which passed 56-4.

It is a response to a ruling by the Court of Appeals, the state’s highest court, that said viewing pornographic images of children as young as 8 years old over the Internet was allowed, as long as the defendant didn’t download, print, save, share, or otherwise “control” the images.

Ritchie said she disagreed strongly with the ruling, but agreed with the opinion of Judge Victoria A. Graffeo, one of eight associate judges on the court, that the ruling could lead to an explosion of new child pornography -- and more exploited and abused children -- as purveyors seek to meet demand for the perverse materials.

“Simply put, child pornography is an abomination,” said Ritchie. “Whether people view it, download it, or save it on a computer, it shouldn’t matter. Anyone with any sort of involvement should be punished.”

Senate bill 7407 would make the viewing of child pornography a Class E felony, punishable by up to four years in prison.

The bill goes to the Assembly.

The Court of Appeals ruled in the case of People vs. Kent that a 65-year-old man who was found to have 30,000 cached images on his computer of children in sexual situations could not be charged because he only viewed the material online, and didn’t download or “control” it.

In her minority opinion, Judge Graffeo said that there was no difference in her view between viewing and downloading the images, because both actions victimized children, whom the law was supposed to protect.

“That child is victimized each time the image is accessed and viewed simply because he or she never consented—and could not consent—to the dissemination of that image,” she said.

“The market for child pornography enlarges with the knowing viewing of these images …because the more frequent the images of children engaged in sexual conduct are accessed, the more the creators produce to satisfy the growing demand, which results in more children being coerced and groomed for the sex trade,” Graddeo said.

The full court decision is available, as well as a copy of Senator Ritchie’s bill, at this link:

http://www.scribd.com/doc/93650287/Closing-NY-s-Child-Porn-Loophole