senate Bill S7742

Signed by Governor

Relates to the crime of possessing an obscene sexual performance by a child

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 16 / Jun / 2012
    • REFERRED TO RULES
  • 19 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1348
  • 19 / Jun / 2012
    • PASSED SENATE
  • 19 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2012
    • REFERRED TO CODES
  • 19 / Jun / 2012
    • SUBSTITUTED FOR A10713
  • 19 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.404
  • 19 / Jun / 2012
    • PASSED ASSEMBLY
  • 19 / Jun / 2012
    • RETURNED TO SENATE
  • 27 / Aug / 2012
    • DELIVERED TO GOVERNOR
  • 07 / Sep / 2012
    • SIGNED CHAP.456

Summary

Relates to the crime of possessing an obscene sexual performance by a child to include knowingly accessing with intent to view such material.

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Bill Details

See Assembly Version of this Bill:
A10713
Versions:
S7742
Legislative Cycle:
2011-2012
Law Section:
Penal Law
Laws Affected:
Amd §§263.11, 263.16 & 263.00, Pen L

Sponsor Memo

BILL NUMBER:S7742

TITLE OF BILL:
An act to amend the penal law, in relation to amending the crime of
possessing an obscene sexual performance by a child to include knowingly
accessing such material with intent to view

PURPOSE:
This bill would amend the Penal Law to more effectively ban the
possession of a sexual performance or an obscene sexual performance by a
child.

SUMMARY OF PROVISIONS:
Section one of the bill would amend Penal Law §263.11 to prohibit the
knowing access with intent to view of an obscene sexual performance by a
child.

Section two of the bill would amend Penal Law §263.16 to prohibit the
knowing access with intent to view of a sexual performance by a child.

Section three of the bill would amend Penal Law § 263.00 to clarify that
the various "possession," "control" and "promotion" crimes related to
obscene sexual performances by a child do not apply to attorneys who may
have access to such material solely in the course of their represen-
tation of defendants charged with such offenses.

Section four provides for an immediate effective date.

EXISTING LAW:
Penal Law §§263.11 and 263.16 do not specify that accessing and viewing
sexual performances by a child are prohibited.

STATEMENT IN SUPPORT:
The State has a compelling interest in safeguarding the physical and
psychological well-being of minors. To that end, Penal Law §§263.11 and
263.16 were enacted in 1996 prohibiting the possession of child pornog-
raphy. Those provisions were designed to destroy the market for the
exploitive use of children. However, in a case decided on May 8, 2012,
the New York Court of Appeals held that existing law did not prohibit
"accessing and viewing" child pornography on the internet (People v
Kent, 2012 NY Slip Op 03572 (May 8, 2012)). The Court specifically
invited the State to amend the Penal Law to criminalize accessing child
pornography with the intent to view it on the internet. This bill would
address that glaring loophole.

BUDGET IMPLICATIONS:
This bill would have no budget implications for the state.

EFFECTIVE DATE:
This bill would take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7742                                                 A. 10713

                      S E N A T E - A S S E M B L Y

                              June 16, 2012
                               ___________

IN  SENATE  -- Introduced by Sen. GOLDEN -- (at request of the Governor)
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Rules

IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
  A.  Lentol,  Simanowitz,  Colton,  Weisenberg,  Skartados, Cymbrowitz,
  Schimminger, Roberts, P. Rivera, Brindisi, Barrett,  Bronson,  Gabrys-
  zak,  Russell, Zebrowski) -- (at request of the Governor) -- read once
  and referred to the Committee on Codes

AN ACT to amend the penal law, in relation  to  amending  the  crime  of
  possessing  an  obscene sexual performance by a child to include know-
  ingly accessing such material with intent to view

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 263.11 of the penal law, as added by chapter 11 of
the laws of 1996, is amended to read as follows:
S 263.11 Possessing an obscene sexual performance by a child.
  A person is guilty of possessing an obscene sexual  performance  by  a
child  when, knowing the character and content thereof, he knowingly has
in his possession or control, OR KNOWINGLY ACCESSES WITH INTENT TO VIEW,
any obscene performance which includes sexual conduct by  a  child  less
than sixteen years of age.
  Possessing an obscene sexual performance by a child is a class E felo-
ny.
  S  2.  Section  263.16 of the penal law, as added by chapter 11 of the
laws of 1996, is amended to read as follows:
S 263.16 Possessing a sexual performance by a child.
  A person is guilty of possessing a sexual performance by a child when,
knowing the character and content  thereof,  he  knowingly  has  in  his
possession  or  control,  OR KNOWINGLY ACCESSES WITH INTENT TO VIEW, any
performance which includes sexual conduct by a child less  than  sixteen
years of age.
  Possessing a sexual performance by a child is a class E felony.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12161-01-2

S. 7742                             2                           A. 10713

  S 3. Section 263.00 of the penal law is amended by adding a new subdi-
vision 9 to read as follows:
  9.  FOR PURPOSES OF SECTIONS 263.10, 263.11, 263.15 AND 263.16 OF THIS
ARTICLE, THE TERMS "POSSESSION," "CONTROL"  AND  "PROMOTION"  SHALL  NOT
INCLUDE CONDUCT BY AN ATTORNEY WHEN THE PERFORMANCE WAS PROVIDED TO SUCH
ATTORNEY  IN  RELATION  TO THE REPRESENTATION OF A PERSON UNDER INVESTI-
GATION OR CHARGED UNDER THIS CHAPTER OR AS A RESPONDENT PURSUANT TO  THE
FAMILY  COURT  ACT,  AND  IS LIMITED IN USE FOR THE PURPOSE OF REPRESEN-
TATION FOR THE PERIOD OF SUCH REPRESENTATION.
  S 4. This act shall take effect immediately.

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