Bill Text: NY A02482 | 2017-2018 | General Assembly | Introduced

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Bill Title: Creates offenses of aggravated promotion and aggravated possession of an obscene sexual performance by a child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-10-24 - enacting clause stricken [A02482 Detail]

Download: New_York-2017-A02482-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2482
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2017
                                       ___________
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Codes
        AN  ACT  to  amend the penal law, in relation to aggravated promotion or
          possession of an obscene sexual performance by a child
          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 263.12 to
     2  read as follows:
     3  § 263.12 Aggravated promotion of an  obscene  sexual  performance  by  a
     4             child.
     5    1.  A  person  is  guilty of aggravated promotion of an obscene sexual
     6  performance by a child when, knowing the character and content  thereof,
     7  he  produces, directs or promotes any obscene performance which includes
     8  sexual conduct by a child and involves either:
     9    (a) a child who had not attained the age of thirteen;
    10    (b) material that portrays sadistic or masochistic conduct;
    11    (c) still or motion picture images in an amount greater than or  equal
    12  to six hundred images; or
    13    (d) intent to derive pecuniary gain therefrom.
    14    2.  For  the  purposes  of  paragraph  (c)  of subdivision one of this
    15  section, a motion picture less than or equal to thirty minutes in  dura-
    16  tion  shall be deemed to contain seventy-five images and, for each addi-
    17  tional ten minutes in duration, an additional seventy-five images.
    18    Aggravated promotion of an obscene sexual performance by a child is  a
    19  class C felony.
    20    §  2.  The penal law is amended by adding a new section 263.13 to read
    21  as follows:
    22  § 263.13 Aggravated possession of an obscene  sexual  performance  by  a
    23             child.
    24    1.  A  person  is guilty of aggravated possession of an obscene sexual
    25  performance by a child when, knowing the character and content  thereof,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01021-01-7
        A. 2482                             2
     1  he  knowingly  has  in  his possession or control, or knowingly accesses
     2  with intent to view,  any  obscene  performance  which  includes  sexual
     3  conduct by a child and involves either:
     4    (a) a child who had not attained the age of thirteen;
     5    (b) material that portrays sadistic or masochistic conduct;
     6    (c)  still or motion picture images in an amount greater than or equal
     7  to six hundred images; or
     8    (d) intent to derive pecuniary gain therefrom.
     9    2. For the purposes of  paragraph  (c)  of  subdivision  one  of  this
    10  section,  a motion picture less than or equal to thirty minutes in dura-
    11  tion shall be deemed to contain seventy-five images and, for each  addi-
    12  tional ten minutes in duration, an additional seventy-five images.
    13    Aggravated possession of an obscene sexual performance by a child is a
    14  class D felony.
    15    § 3. This act shall take effect on the first of November next succeed-
    16  ing the date on which it shall have become a law.