Bill Text: NY S01536 | 2019-2020 | 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) 2020-01-08 - REFERRED TO CODES [S01536 Detail]

Download: New_York-2019-S01536-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1536
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 15, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- 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  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.
                                                                   LBD02063-01-9
        S. 1536                             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.