Bill Text: NY A01985 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes the crime of promoting an obscene sexual performance by a child in the first degree; defines performance.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A01985 Detail]

Download: New_York-2015-A01985-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1985
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by  M. of A. PAULIN, GUNTHER, AUBRY, SCHIMMINGER, ZEBROWSKI,
         GALEF, ROBINSON, ENGLEBRIGHT, BENEDETTO, ARROYO -- Multi-Sponsored  by
         -- M. of A. COLTON, DINOWITZ, HOOPER, MAGEE, MAGNARELLI, MARKEY, SCHI-
         MEL -- 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.
   19    A  person  is  guilty  of promoting an obscene sexual performance by a
   20  child IN THE SECOND DEGREE when, knowing the character and content ther-
   21  eof, he produces, directs or  promotes  any  obscene  performance  which
   22  includes sexual conduct by a child less than seventeen years of age.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03414-01-5
       A. 1985                             2
    1    Promoting  an  obscene  sexual  performance  by  a child IN THE SECOND
    2  DEGREE is a class D felony.
    3    S 3. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.