Bill Text: NY S00991 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the class B felony of promoting a sex offense against a child for producing, directing or promoting any visual or audio representation of the commission of a sex offense against a person under the age of 16 years; establishes the class C felony of possessing a sex offense against a child for knowingly possessing any such representation; designates both such felonies as violent felony offenses.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2019-03-19 - RECOMMIT, ENACTING CLAUSE STRICKEN [S00991 Detail]

Download: New_York-2019-S00991-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           991
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
                                       ___________
        Introduced by Sens. YOUNG, FUNKE, GALLIVAN, LANZA, O'MARA, ORTT, RANZEN-
          HOFER,  RITCHIE,  SERINO  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to establishing the  offenses
          of promoting and possessing a sex offense against a child
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
     2  the penal law, paragraph (a) as amended by chapter 189 of  the  laws  of
     3  2018  and  paragraph  (b) as amended by chapter 476 of the laws of 2018,
     4  are amended to read as follows:
     5    (a) Class B violent felony offenses: an attempt to  commit  the  class
     6  A-I  felonies  of  murder  in  the  second  degree as defined in section
     7  125.25, kidnapping in the first degree as defined in section 135.25, and
     8  arson in the first degree as defined in section 150.20; manslaughter  in
     9  the  first  degree as defined in section 125.20, aggravated manslaughter
    10  in the first degree as defined in section  125.22,  rape  in  the  first
    11  degree  as  defined  in section 130.35, criminal sexual act in the first
    12  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
    13  first  degree  as  defined  in  section 130.70, course of sexual conduct
    14  against a child in the  first  degree  as  defined  in  section  130.75;
    15  assault  in the first degree as defined in section 120.10, kidnapping in
    16  the second degree as defined in section 135.20, burglary  in  the  first
    17  degree  as  defined  in  section  140.30,  arson in the second degree as
    18  defined in section 150.15, robbery in the first  degree  as  defined  in
    19  section  160.15, sex trafficking as defined in paragraphs (a) and (b) of
    20  subdivision five of section  230.34,  sex  trafficking  of  a  child  as
    21  defined  in  section  230.34-a, incest in the first degree as defined in
    22  section 255.27, promoting a sex offense against a child  as  defined  in
    23  section  263.35,  criminal possession of a weapon in the first degree as
    24  defined in section 265.04, criminal use of a firearm in the first degree
    25  as defined in section 265.09, criminal sale of a firearm  in  the  first
    26  degree  as  defined  in section 265.13, aggravated assault upon a police
    27  officer or a peace officer as defined in section 120.11, gang assault in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03629-02-9

        S. 991                              2
     1  the first degree as defined in section 120.07, intimidating a victim  or
     2  witness  in  the  first  degree  as defined in section 215.17, hindering
     3  prosecution of terrorism in the  first  degree  as  defined  in  section
     4  490.35, criminal possession of a chemical weapon or biological weapon in
     5  the  second  degree  as defined in section 490.40, and criminal use of a
     6  chemical weapon or biological weapon in the third degree as  defined  in
     7  section 490.47.
     8    (b)  Class  C violent felony offenses: an attempt to commit any of the
     9  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
    10  vated criminally negligent homicide as defined in section 125.11, aggra-
    11  vated  manslaughter  in  the second degree as defined in section 125.21,
    12  aggravated sexual abuse in the  second  degree  as  defined  in  section
    13  130.67, assault on a peace officer, police officer, firefighter or emer-
    14  gency  medical  services  professional  as  defined  in  section 120.08,
    15  assault on a judge as defined in section 120.09,  gang  assault  in  the
    16  second  degree  as defined in section 120.06, strangulation in the first
    17  degree as defined in section 121.13, burglary in the  second  degree  as
    18  defined  in  section  140.25, robbery in the second degree as defined in
    19  section 160.10, possessing a sex offense against a child as  defined  in
    20  section  263.40, criminal possession of a weapon in the second degree as
    21  defined in section 265.03, criminal use  of  a  firearm  in  the  second
    22  degree  as  defined in section 265.08, criminal sale of a firearm in the
    23  second degree as defined in section 265.12, criminal sale of  a  firearm
    24  with  the aid of a minor as defined in section 265.14, aggravated crimi-
    25  nal possession of a weapon as defined in section 265.19,  soliciting  or
    26  providing support for an act of terrorism in the first degree as defined
    27  in  section  490.15,  hindering  prosecution  of terrorism in the second
    28  degree as defined in section 490.30, and criminal possession of a chemi-
    29  cal weapon or biological weapon  in  the  third  degree  as  defined  in
    30  section 490.37.
    31    § 2. Section 263.00 of the penal law is amended by adding a new subdi-
    32  vision 10 to read as follows:
    33    10.  "Computer network" means the interconnection of hardware or wire-
    34  less  communication lines with a computer through remote terminals, or a
    35  complex consisting of two or more interconnected computers.
    36    § 3. The penal law is amended by adding two new  sections  263.35  and
    37  263.40 to read as follows:
    38  § 263.35 Promoting a sex offense against a child.
    39    A  person  is  guilty of promoting a sex offense against a child when,
    40  knowing the character and content thereof, he or she  produces,  directs
    41  or  promotes any visual or audio representation of the commission of any
    42  offense defined in article one hundred thirty of  this  part  against  a
    43  child less than sixteen years of age, including the dissemination of any
    44  such representation through a computer network.
    45    Promoting a sex offense against a child is a class B felony.
    46  § 263.40 Possessing a sex offense against a child.
    47    A  person  is guilty of possessing a sex offense against a child when,
    48  knowing the character and content thereof, he or she  knowingly  has  in
    49  his  or  her possession or control any visual or audio representation of
    50  the commission of any offense defined in article one hundred  thirty  of
    51  this part against a child less than sixteen years of age.
    52    Possessing a sex offense against a child is a class C felony.
    53    § 4. This act shall take effect on the first of November next succeed-
    54  ing the date on which it shall have become a law.
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