Bill Text: NY S03755 | 2015-2016 | General Assembly | Introduced

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Bill Title: Elevates promoting an obscene sexual performance by a child and promoting a sexual performance by a child to be class B felonies; prohibits pleading to a lesser offense after indictment for either such offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-08 - referred to codes [S03755 Detail]

Download: New_York-2015-S03755-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3755
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 17, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
         relation to promoting sexual performances 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 closing paragraph of section 263.10 of the  penal  law,
    2  as  amended  by  chapter  1  of  the laws of 2000, is amended to read as
    3  follows:
    4    Promoting an obscene sexual performance by a child is a  class  [D]  B
    5  felony.
    6    S  2.  The  closing  paragraph  of section 263.15 of the penal law, as
    7  amended by chapter 1 of the laws of 2000, is amended to read as follows:
    8    Promoting a sexual performance by a child is a class [D] B felony.
    9    S 3. Subdivision 5 of section 220.10 of the criminal procedure law  is
   10  amended by adding a new paragraph (i) to read as follows:
   11    (I) WHERE THE INDICTMENT CHARGES THE CLASS B FELONY OFFENSE OF PROMOT-
   12  ING  AN  OBSCENE  SEXUAL  PERFORMANCE  BY  A CHILD AS DEFINED IN SECTION
   13  263.10 OF THE PENAL LAW OR PROMOTING A SEXUAL PERFORMANCE BY A CHILD  AS
   14  DEFINED  IN  SECTION 263.15 OF THE PENAL LAW, THEN A PLEA OF GUILTY MUST
   15  INCLUDE AT LEAST A PLEA TO SUCH OFFENSE.
   16    S 4. This act shall take effect on the first of November next succeed-
   17  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.
                                                                  LBD00754-01-5