Bill Text: NY A00760 | 2009-2010 | General Assembly | Introduced

---

Bill Title: An act to amend the penal law, in relation to promoting an obscene sexual performance by a child in the first degree

Spectrum: Strong Partisan Bill (Democrat 33-2)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A00760 Detail]

Download: New_York-2009-A00760-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          760
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by M. of A. PAULIN, HOYT, GUNTHER, CHRISTENSEN, JOHN, AUBRY,
         SCHIMMINGER,  ZEBROWSKI,  GALEF,  ROBINSON,  N. RIVERA,   ENGLEBRIGHT,
         FIELDS, BENEDETTO, EDDINGTON, HYER-SPENCER, PHEFFER, ARROYO, DelMONTE,
         SCHROEDER,  SPANO  -- Multi-Sponsored by -- M. of A. ALFANO, CARROZZA,
         COLTON, DESTITO, DINOWITZ, HOOPER, KOON,  MAGEE,  MAGNARELLI,  MAISEL,
         MARKEY,  MAYERSOHN,  SCHIMEL,  SEMINERIO,  SWEENEY, WEISENBERG -- read
         once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to promoting an obscene sexu-
         al performance by a child in the first degree
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 263.09 to
    2  read as follows:
    3  S 263.09 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
    4             DEGREE.
    5    A PERSON IS GUILTY OF PROMOTING AN OBSCENE  SEXUAL  PERFORMANCE  BY  A
    6  CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THERE-
    7  OF, HE OR SHE PRODUCES OR DIRECTS TEN OR MORE OBSCENE PERFORMANCES, EACH
    8  OF WHICH INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN SEVENTEEN YEARS OF
    9  AGE.    NOTWITHSTANDING SUBDIVISION FOUR OF SECTION 263.00 OF THIS ARTI-
   10  CLE, FOR PURPOSES OF THIS SECTION, A "PERFORMANCE" SHALL  MEAN  A  PLAY,
   11  MOTION  PICTURE  OR  DANCE,  OR A PHOTOGRAPHIC SESSION AT WHICH MULTIPLE
   12  PHOTOGRAPHS ARE TAKEN.
   13    PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE
   14  IS A CLASS C FELONY.
   15    S 2. Section 263.10 of the penal law, as amended by chapter 1  of  the
   16  laws of 2000, is amended to read as follows:
   17  S 263.10 Promoting  an  obscene  sexual  performance  by  a child IN THE
   18             SECOND DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01571-01-9
       A. 760                              2
    1    A person is guilty of promoting an obscene  sexual  performance  by  a
    2  child IN THE SECOND DEGREE when, knowing the character and content ther-
    3  eof,  he  produces,  directs  or  promotes any obscene performance which
    4  includes sexual conduct by a child less than seventeen years of age.
    5    Promoting  an  obscene  sexual  performance  by  a child IN THE SECOND
    6  DEGREE is a class D felony.
    7    S 3. This act shall take effect on the first of November next succeed-
    8  ing the date on which it shall have become a law.