Senate Passes "child Sexual Abuse And Exploitation Prevention Act Of 2008"

Martin J. Golden

April 24, 2008


The New York State Senate today passed a comprehensive plan, sponsored by Senator Dale Volker (R-C-I, Depew), that would enact aggressive measures to protect children from the dangers posed by Internet predators, child pornography and child sexual abuse.

The "Child Sexual Abuse and Exploitation Prevention Act of 2008" (S.6747) is based upon recommendations made in a report released by the Senate Majority Task Force on Critical Choices, in which Senator Marty Golden serves as Chair, entitled, "Protecting Children in the Internet Age."

"I am proud to serve as the Chair of Senate Majority Task Force on Critical Choices which has made recommendations aimed at protecting our most vulnerable and innocent victims, our children, from the evils of child pornography and Internet predators," said Senator Marty Golden.

Golden continued, "The Internet is a wonderful tool that has transformed and improved the lives of millions, but sexual predators have also made it a potentially dangerous weapon that can be used to victimize innocent children. By taking these sensible, aggressive steps we can better protect our kids, provide parents with greater peace of mind, and crack down on pornographers and predators that use computer technology to harm and exploit young children. I ask that my colleagues in the State Assembly take swift action to approve this legislation."

The report highlights the strong link between child pornography possessors and individuals who sexually victimize children. In fact, a recent study found that fifty-five percent of those arrested for child pornography possession have sexually abused or tried to sexually abuse children. Because of this strong correlation – and because the conviction rate for child pornography possession is nearly 100 percent – the report emphasizes the importance of cracking down on child pornography as a critical part of any overall strategy to keep children safe from sexual offenses.

This comprehensive legislation will:

> Toughen penalties for promoting child prostitution;

> Increase penalties for producing child pornography;

> Provide enhanced penalties where a sex crime against a child has been committed using a computer or computer service;

> Increase the penalty for persons who permit their premises to be used for child prostitution;

> Allow the admission of business records into evidence in child pornography grand jury proceedings via affidavit;

> Allow a "non-judicial" subpoena to be issued by a district attorney or the Attorney General for child pornography via the internet; and

> Require local social services districts, when possible, to establish safe houses for sexually abused children.

The bill comes amid a dramatic expansion of networking and video sharing sites such as and, which present additional challenges to parents seeking to monitor their children's activities on the Internet.

Earlier this year, the Senate passed Attorney General Cuomo’s e-STOP initiative (Electronic Security and Targeting of Online Predators Act) that requires sex offenders to register their online identifiers and updates Megan’s Law for the Internet age (S.6875-A, Senator Skelos). The Senate also passed legislation (S.1921-A), sponsored by Senator Robach, to increase criminal penalties for using a computer to commit a sex crime against a child.

The bill was sent to the Assembly.