Bill Text: NY S01739 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes the crime of promoting an obscene sexual performance by a child in the first degree; defines performance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2016-06-15 - referred to codes [S01739 Detail]
Download: New_York-2015-S01739-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1739 2015-2016 Regular Sessions I N S E N A T E January 14, 2015 ___________ Introduced by Sen. CARLUCCI -- 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 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. 23 Promoting an obscene sexual performance by a child IN THE SECOND 24 DEGREE is a class D felony. 25 S 3. This act shall take effect on the first of November next succeed- 26 ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03414-01-5