The Senate passed legislation sponsored by Senator Michael Balboni that increases penalties for people who promote or possess child pornography - including through the Internet. Balboni's bill also ups the punishment for those who commit several acts of child exploitation through pornography.
"The Internet has become the pedophile's playground," Balboni said. "It is offensive that people who want to hurt children take advantage of new technology and outdated laws to help them accomplish their ugly goals."
According to law enforcement authorities, child pornography has exploded worldwide since the invention of the Internet, and it is difficult to contain because it is easy to produce and distribute. New York State law enforcement investigators have obtained hundreds of thousands of child pornography images in recent years, including infants being sexually abused. It is estimated that child pornography is a $2 to $3 billion a year business.
Specifically, Balboni's bill would expand the existing offenses of promoting and possessing obscene and sexual performances by a child. Under current law, a person is prosecuted for the same charge whether they possess one obscene image or one thousand. This bill increases penalties for those who possess or promote numerous obscene and sexual performances by a child. It also enhances penalties for those who disseminate or exhibit pornographic images to a child, permits prosecution of these offenders through use of undercover "sting" operations where police pose as a minor. Current law says it is only a crime to solicit a minor. This bill would expand the definition to apply to someone the predator thinks is a minor. This will ensure stronger prosecution of online sex offenders caught through sting operations. Moreover, the bill will amend state civil rights law to permit child victims of these offenses to have their identities remain confidential.
The bill was sent to the state Assembly.