PROCLAIM IM

On May 8th, 2012, the New York Court of Appeals ruled that, "The purposeful viewing of child pornography on the internet is now legal in New York… Merely viewing Web images of child pornography does not, absent other proof, constitute either possession or procurement within the meaning of our Penal Law." This is a direct statement written by Senior Judge Carmen Beauchamp Ciparick in a majority decision for the court. The court decided that there is a distinct difference between those who purposefully view an image versus those who actively download and store such images on their computers.

The established legality of purposeful viewing of these materials directly violates the Constitutional rights of the children and minors who are exploited in them. Specifically, direct violation of the Constitutional right of the children and minors to personal security, guaranteed as a right of personhood, not to be injured or abused is now being knowingly permitted under protection of established law. Indisputably, the purposeful viewing of these materials promotes the mental, emotional and physical injury and abuse of these children and minors.

We, the undersigned, believe that all evidence of purposeful viewing of such material on one’s computer or other electronic media device during the period of ownership does absolutely constitute possession and should be punishable in the same regard that creation, promotion, facilitation and distribution of such materials are. We believe that permitting those who purposefully view pornographic materials involving children and minors to go unpunished, to face no criminal consequence whatsoever, is to knowingly and intentionally condone, permit and otherwise excuse the violation of their Constitutionally guaranteed rights, ergo, formally legalizing their repeated victimization under the protection of established law.

As Americans, as parents, as human beings, we are both revolted and outraged at the monumental failure of the legal system to provide protection to American citizens guaranteed by the Constitution of the United States in this regard. We, the undersigned, hereby demand that both state and federal legislature be passed immediately to clearly indicate in no uncertain terms that the creation, possession, promotion, facilitation, distribution AND purposeful viewing of such inappropriate material is universally illegal and criminally punishable in the United States of America.