NY State Assembly Bill 2009-A803

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- In Committee Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 11, 2010	print number 803a
Jun 11, 2010	amend and recommit to codes
Jan 06, 2010	referred to codes
Jan 07, 2009	referred to codes

Bill Amendments

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2009-A803 - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally; amd §995, Exec L; amd §509-cc, V & T L
Versions Introduced in 2011-2012 Legislative Session:: A281

2009-A803 - Summary

Relates to offenses involving the sexual performance of a child; increases penalties for offenses involving promoting and possessing the sexual performance of a child.

2009-A803 - Bill Text download pdf

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

                                   803

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. PAULIN, HOYT, GUNTHER, CHRISTENSEN, JOHN, SCHROE-
  DER,  SCHIMMINGER,  GALEF,  ROBINSON,  N. RIVERA, ENGLEBRIGHT, FIELDS,
  BENEDETTO, EDDINGTON, MAGNARELLI,  PHEFFER,  LATIMER,  SPANO,  GREENE,
  GABRYSZAK  --  Multi-Sponsored by -- M. of A. ALFANO, BARRA, CARROZZA,
  CLARK, COLTON, DESTITO, DINOWITZ, HOOPER, HYER-SPENCER, KOON,  MARKEY,
  MAYERSOHN,  MOLINARO, SWEENEY, WEISENBERG -- read once and referred to
  the Committee on Codes

AN ACT to amend the penal law, the executive law  and  the  vehicle  and
  traffic  law, in relation to offenses involving sexual performances by
  a child

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

  Section  1. The penal law is amended by adding a new section 263.09 to
read as follows:
S 263.09 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
           DEGREE.
  A PERSON IS GUILTY OF PROMOTING AN OBSCENE  SEXUAL  PERFORMANCE  BY  A
CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THERE-
OF,  HE  PRODUCES,  DIRECTS  OR  PROMOTES  TWENTY-FIVE  OR  MORE OBSCENE
PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT BY A CHILD LESS THAN SEVENTEEN
YEARS OF AGE.
  PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE
IS A CLASS C FELONY.
  S 2. Section 263.10 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
S 263.10 Promoting  an  obscene  sexual  performance  by  a child IN THE
           SECOND DEGREE.
  A person is guilty of promoting an obscene  sexual  performance  by  a
child IN THE SECOND DEGREE when, knowing the character and content ther-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01655-01-9

A. 803                              2

eof,  he  produces,  directs  or  promotes any obscene performance which
includes sexual conduct by a child less than seventeen years of age.
  Promoting  an  obscene  sexual  performance  by  a child IN THE SECOND
DEGREE is a class D felony.
  S 3. 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 IN THE
           THIRD DEGREE.
  A person is guilty of possessing an obscene sexual  performance  by  a
child IN THE THIRD DEGREE when, knowing the character and content there-
of,  he  knowingly has in his possession or control any obscene perform-
ance which includes sexual conduct by a child less than sixteen years of
age.
  Possessing an obscene sexual performance  by  a  child  IN  THE  THIRD
DEGREE is a class E felony.
  S  4.  The  penal law is amended by adding two new sections 263.12 and
263.13 to read as follows:
S 263.12 POSSESSING AN OBSCENE SEXUAL PERFORMANCE  BY  A  CHILD  IN  THE
           SECOND DEGREE.
  A  PERSON  IS  GUILTY OF POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD IN THE SECOND DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THER-
EOF, HE KNOWINGLY HAS IN HIS POSSESSION OR CONTROL TWENTY-FIVE  OR  MORE
OBSCENE  PERFORMANCES  WHICH INCLUDE SEXUAL CONDUCT BY A CHILD LESS THAN
SIXTEEN YEARS OF AGE.
  POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY  A  CHILD  IN  THE  SECOND
DEGREE IS A CLASS D FELONY.
S 263.13 POSSESSING  AN  OBSCENE  SEXUAL  PERFORMANCE  BY A CHILD IN THE
           FIRST DEGREE.
  A PERSON IS GUILTY OF POSSESSING AN OBSCENE SEXUAL  PERFORMANCE  BY  A
CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THERE-
OF,  HE  KNOWINGLY HAS IN HIS POSSESSION OR CONTROL TWO HUNDRED FIFTY OR
MORE OBSCENE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT BY A  CHILD  LESS
THAN SIXTEEN YEARS OF AGE.
  POSSESSING  AN  OBSCENE  SEXUAL  PERFORMANCE  BY  A CHILD IN THE FIRST
DEGREE IS A CLASS C FELONY.
  S 5. Section 263.15 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
S 263.15 Promoting a sexual performance by a child IN THE SECOND DEGREE.
  A person is guilty of promoting a sexual performance by a child IN THE
SECOND  DEGREE  when,  knowing  the  character  and  content thereof, he
produces, directs or promotes  any  performance  which  includes  sexual
conduct by a child less than seventeen years of age.
  Promoting  a  sexual  performance by a child IN THE SECOND DEGREE is a
class D felony.
  S 6. The penal law is amended by adding a new section 263.14  to  read
as follows:
S 263.14 PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE
FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF, HE PRODUC-
ES,  DIRECTS OR PROMOTES TWENTY-FIVE OR MORE PERFORMANCES WHICH INCLUDES
SEXUAL CONDUCT BY A CHILD LESS THAN SEVENTEEN YEARS OF AGE.
  PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE  FIRST  DEGREE  IS  A
CLASS C FELONY.
  S  7.  Section  263.16 of the penal law, as added by chapter 11 of the
laws of 1996, is amended and two new  sections  263.17  and  263.18  are
added to read as follows:

A. 803                              3

S 263.16 Possessing a sexual performance by a child IN THE THIRD DEGREE.
  A  person  is  guilty of possessing a sexual performance by a child IN
THE THIRD DEGREE when, knowing the character  and  content  thereof,  he
knowingly  has  in  his  possession  or  control  any  performance which
includes sexual conduct by a child less than sixteen years of age.
  Possessing a sexual performance by a child IN THE THIRD  DEGREE  is  a
class E felony.
S 263.17 POSSESSING  A  SEXUAL  PERFORMANCE  BY  A  CHILD  IN THE SECOND
           DEGREE.
  A PERSON IS GUILTY OF POSSESSING A SEXUAL PERFORMANCE BY  A  CHILD  IN
THE  SECOND  DEGREE  WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF, HE
KNOWINGLY HAS IN HIS POSSESSION OR CONTROL TWENTY-FIVE OR MORE  PERFORM-
ANCES  WHICH  INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN SIXTEEN YEARS
OF AGE.
  POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE  IS  A
CLASS D FELONY.
S 263.18 POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN
THE FIRST DEGREE WHEN, KNOWING THE CHARACTER  AND  CONTENT  THEREOF,  HE
KNOWINGLY  HAS  IN  HIS  POSSESSION OR CONTROL TWO HUNDRED FIFTY OR MORE
PERFORMANCES WHICH INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN  SIXTEEN
YEARS OF AGE.
  POSSESSING  A  SEXUAL  PERFORMANCE BY A CHILD IN THE FIRST DEGREE IS A
CLASS C FELONY.
  S 8. Subdivision 1 of section 263.20 of the penal law, as  amended  by
chapter 1 of the laws of 2000, is amended to read as follows:
  1.  Under  this  article,  it shall be an affirmative defense that the
defendant in good faith reasonably believed the person appearing in  the
performance  was,  for  purposes of section 263.11 [or], 263.12, 263.13,
263.16, 263.17 OR 263.18 of this article, sixteen years of age  or  over
or,  for purposes of section 263.05, 263.09, 263.10, 263.14 or 263.15 of
this article, seventeen years of age or over.
  S 9. Paragraph (d) of subdivision 7 of section 995  of  the  executive
law,  as amended by chapter 2 of the laws of 2006, is amended to read as
follows:
  (d) any of the following felonies, or an attempt  thereof  where  such
attempt is a felony offense:
  aggravated  assault  upon  a  person  less  than  eleven years old, as
defined in section 120.12 of  the  penal  law;  menacing  in  the  first
degree,  as  defined in section 120.13 of the penal law; reckless endan-
germent in the first degree, as defined in section 120.25 of  the  penal
law;  stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in  section  125.10
of  the  penal  law;  vehicular  manslaughter  in  the second degree, as
defined in section 125.12 of the penal law;  vehicular  manslaughter  in
the  first  degree,  as  defined  in  section  125.13  of the penal law;
persistent sexual abuse, as defined in section 130.53 of the penal  law;
aggravated  sexual  abuse  in  the  fourth degree, as defined in section
130.65-a of the penal law; female  genital  mutilation,  as  defined  in
section  130.85  of  the  penal  law;  facilitating a sex offense with a
controlled substance, as defined in section 130.90  of  the  penal  law;
unlawful  imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal  law;  criminal  trespass  in  the  first
degree,  as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal  law;

A. 803                              4

tampering  with  a  consumer  product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as  defined
in section 160.05 of the penal law; identity theft in the second degree,
as  defined  in  section  190.79 of the penal law; identity theft in the
first degree, as defined in section 190.80 of the penal  law;  promoting
prison  contraband  in the first degree, as defined in section 205.25 of
the penal law; tampering with a witness in the third degree, as  defined
in  section  215.11  of  the  penal law; tampering with a witness in the
second degree, as defined in section 215.12 of the penal law;  tampering
with  a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the  penal  law;  aggravated
criminal  contempt,  as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the  penal
law;  bail  jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a prostitute in the second degree, as defined
in section 230.05 of the penal law;  patronizing  a  prostitute  in  the
first  degree,  as defined in section 230.06 of the penal law; promoting
prostitution in the second degree, as defined in section 230.30  of  the
penal  law;  promoting  prostitution  in the first degree, as defined in
section 230.32 of the penal law; compelling prostitution, as defined  in
section  230.33  of  the  penal law; disseminating indecent materials to
minors in the second degree, as defined in section 235.21 of  the  penal
law;  disseminating indecent materials to minors in the first degree, as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by an inmate, as defined in section 240.32 of the  penal  law;  unlawful
surveillance  in  the second degree, as defined in section 250.45 of the
penal law; unlawful surveillance in the  first  degree,  as  defined  in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly person in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly person in the
first  degree,  as  defined in section 260.34 of the penal law; use of a
child in a sexual performance, as defined in section 263.05 of the penal
law; PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A  CHILD  IN  THE  FIRST
DEGREE  AS  DEFINED  IN  SECTION  263.09  OF THE PENAL LAW; promoting an
obscene sexual performance by a child IN THE SECOND DEGREE,  as  defined
in  section  263.10  of  the  penal  law;  possessing  an obscene sexual
performance by a child IN THE THIRD DEGREE, as defined in section 263.11
of the penal law; POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN
THE SECOND DEGREE AS  DEFINED  IN  SECTION  263.12  OF  THE  PENAL  LAW;
POSSESSING  AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE
AS DEFINED IN SECTION 263.13  OF  THE  PENAL  LAW;  PROMOTING  A  SEXUAL
PERFORMANCE  BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.14
OF THE PENAL LAW; promoting a sexual  performance  by  a  child  IN  THE
SECOND DEGREE, as defined in section 263.15 of the penal law; possessing
a  sexual  performance  by  a  child  IN THE THIRD DEGREE, as defined in
section 263.16 of the penal law; POSSESSING A SEXUAL  PERFORMANCE  BY  A
CHILD  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION 263.17 OF THE PENAL
LAW; POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST  DEGREE  AS
DEFINED  IN  SECTION  263.18  OF THE PENAL LAW; criminal possession of a
weapon in the third degree, as defined in section 265.02  of  the  penal
law;  criminal  sale  of  a  firearm  in the third degree, as defined in
section 265.11 of the penal law; criminal sale of a firearm to a  minor,
as  defined  in  section  265.16 of the penal law; unlawful wearing of a

A. 803                              5

body vest, as defined in section 270.20 of the penal law; hate crimes as
defined in section 485.05 of the penal law; and crime of  terrorism,  as
defined in section 490.25 of the penal law; or
  S  10.  Subdivisions  1  and  2 of section 263.00 of the penal law, as
amended by chapter 1 of the  laws  of  2000,  are  amended  to  read  as
follows:
  1.  "Sexual  performance" means any performance or part thereof which,
for purposes of [section] SECTIONS 263.16, 263.17  AND  263.18  of  this
article,  includes  sexual conduct by a child less than sixteen years of
age or, for purposes of section 263.05, 263.14 or 263.15 of  this  arti-
cle,  includes  sexual  conduct  by a child less than seventeen years of
age.
  2. "Obscene sexual  performance"  means  any  performance  which,  for
purposes  of  [section] SECTIONS 263.11, 263.12 AND 263.13 of this arti-
cle, includes sexual conduct by a child less than sixteen years  of  age
or,  for  purposes of [section] SECTIONS 263.09 AND 263.10 of this arti-
cle, includes sexual conduct by a child less  than  seventeen  years  of
age,  in  any  material  which  is  obscene,  as such term is defined in
section 235.00 of this chapter.
  S 11. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
law,  as separately amended by chapters 312 and 472 of the laws of 2008,
is amended to read as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10  and 120.11 relating to assault; sections 125.10 to 125.27 relat-
ing to homicide; sections 130.25, 130.30 and 130.35  relating  to  rape;
sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat-
ing  to labor trafficking; section 135.65 relating to coercion; sections
140.20, 140.25 and 140.30 relating to burglary; sections 145.05,  145.10
and  145.12  relating  to  criminal  mischief; article one hundred fifty
relating to arson; sections 155.30, 155.35, 155.40 and  155.42  relating
to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to
health  care  fraud;  article  one  hundred  sixty  relating to robbery;
sections  165.45,  165.50,  165.52  and  165.54  relating  to   criminal
possession  of  stolen  property; sections 165.72 and 165.73 relating to
trademark  counterfeiting;  sections  170.10,  170.15,  170.25,  170.30,
170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
and  178.25  relating  to criminal diversion of prescription medications
and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud, sections 190.40 and 190.42 relating to  criminal  usury;  section
190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
ing  to  perjury and contempt; section 215.40 relating to tampering with
physical evidence; sections  220.06,  220.09,  220.16,  220.18,  220.21,
220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55 and 220.60 relat-
ing  to  controlled  substances;  sections 225.10 and 225.20 relating to
gambling; sections 230.25, 230.30,  and  230.32  relating  to  promoting
prostitution;  section  230.34  relating  to  sex  trafficking; sections
235.06, 235.07,  235.21  and  235.22  relating  to  obscenity;  sections
263.09,  263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10  which  constitute  a  felony  relating  to

A. 803                              6

firearms  and  other  dangerous  weapons; and sections 265.14 and 265.16
relating to criminal sale of a  firearm;  and  section  275.10,  275.20,
275.30,  or  275.40  relating  to  unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
  S  12. Paragraph (b) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 360  of  the  laws  of  1986,  is
amended to read as follows:
  (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (b) of subdivision  two  of  this  section
that  result  in  permanent  disqualification shall include a conviction
under sections 100.13, 105.15, 105.17, 115.08, 125.10,  125.15,  130.40,
130.60,  130.65, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43,
260.00, 263.05, 263.09, 263.10, 263.14, 263.15, 265.04 of the penal  law
or  an  attempt  to  commit  any of the aforesaid offenses under section
110.00 of the penal law,  or  any  offenses  committed  under  a  former
section of the penal law which would constitute violations of the afore-
said  sections  of the penal law, or any offenses committed outside this
state which would constitute violations of the aforesaid sections of the
penal law.
  S 13. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.

co-Sponsors

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multi-Sponsors

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2009-A803A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally; amd §995, Exec L; amd §509-cc, V & T L
Versions Introduced in 2011-2012 Legislative Session:: A281

2009-A803A (ACTIVE) - Summary

Relates to offenses involving the sexual performance of a child; increases penalties for offenses involving promoting and possessing the sexual performance of a child.

2009-A803A (ACTIVE) - Bill Text download pdf

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

                                 803--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. PAULIN, HOYT, GUNTHER, CHRISTENSEN, JOHN, SCHROE-
  DER,  SCHIMMINGER,  GALEF,  ROBINSON,  N. RIVERA, ENGLEBRIGHT, FIELDS,
  BENEDETTO, MAGNARELLI, PHEFFER, LATIMER, SPANO,  GABRYSZAK  --  Multi-
  Sponsored  by  --  M.  of  A.  ALFANO, BARRA, CARROZZA, CLARK, COLTON,
  DESTITO, DINOWITZ,  HOOPER,  HYER-SPENCER,  KOON,  MARKEY,  MAYERSOHN,
  MOLINARO, SWEENEY, WEISENBERG -- read once and referred to the Commit-
  tee  on  Codes  -- recommitted to the Committee on Codes in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the penal law, the executive law and the vehicle and
  traffic law, in relation to offenses involving sexual performances  by
  a child

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

  Section 1. The penal law is amended by adding a new section 263.09  to
read as follows:
S 263.09 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
           DEGREE.
  A  PERSON  IS  GUILTY  OF PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THERE-
OF, HE  PRODUCES,  DIRECTS  OR  PROMOTES  TWENTY-FIVE  OR  MORE  OBSCENE
PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT BY A CHILD LESS THAN SEVENTEEN
YEARS OF AGE.
  PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE
IS A CLASS C FELONY.
  S  2.  Section 263.10 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
S 263.10 Promoting an obscene sexual  performance  by  a  child  IN  THE
           SECOND DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01655-05-0

A. 803--A                           2

  A  person  is  guilty  of promoting an obscene sexual performance by a
child IN THE SECOND DEGREE when, knowing the character and content ther-
eof, he produces, directs or  promotes  any  obscene  performance  which
includes sexual conduct by a child less than seventeen years of age.
  Promoting  an  obscene  sexual  performance  by  a child IN THE SECOND
DEGREE is a class D felony.
  S 3. 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 IN THE
           THIRD DEGREE.
  A person is guilty of possessing an obscene sexual  performance  by  a
child IN THE THIRD DEGREE when, knowing the character and content there-
of,  he  knowingly has in his possession or control any obscene perform-
ance which includes sexual conduct by a child less than sixteen years of
age.
  Possessing an obscene sexual performance  by  a  child  IN  THE  THIRD
DEGREE is a class E felony.
  S  4.  The  penal  law is amended by adding three new sections 263.12,
263.13 and 263.14 to read as follows:
S 263.12 POSSESSING AN OBSCENE SEXUAL PERFORMANCE  BY  A  CHILD  IN  THE
           SECOND DEGREE.
  A  PERSON  IS  GUILTY OF POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD IN THE SECOND DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THER-
EOF, HE KNOWINGLY HAS IN HIS POSSESSION OR CONTROL TWENTY-FIVE  OR  MORE
OBSCENE  PERFORMANCES  WHICH INCLUDE SEXUAL CONDUCT BY A CHILD LESS THAN
SIXTEEN YEARS OF AGE.
  POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY  A  CHILD  IN  THE  SECOND
DEGREE IS A CLASS D FELONY.
S 263.13 POSSESSING  AN  OBSCENE  SEXUAL  PERFORMANCE  BY A CHILD IN THE
           FIRST DEGREE.
  A PERSON IS GUILTY OF POSSESSING AN OBSCENE SEXUAL  PERFORMANCE  BY  A
CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THERE-
OF,  HE  KNOWINGLY HAS IN HIS POSSESSION OR CONTROL TWO HUNDRED FIFTY OR
MORE OBSCENE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT BY A  CHILD  LESS
THAN SIXTEEN YEARS OF AGE.
  POSSESSING  AN  OBSCENE  SEXUAL  PERFORMANCE  BY  A CHILD IN THE FIRST
DEGREE IS A CLASS C FELONY.
S 263.14 PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE
FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF, HE PRODUC-
ES, DIRECTS OR PROMOTES TWENTY-FIVE OR MORE PERFORMANCES WHICH  INCLUDES
SEXUAL CONDUCT BY A CHILD LESS THAN SEVENTEEN YEARS OF AGE.
  PROMOTING  A  SEXUAL  PERFORMANCE  BY A CHILD IN THE FIRST DEGREE IS A
CLASS C FELONY.
  S 5. Section 263.15 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
S 263.15 Promoting a sexual performance by a child IN THE SECOND DEGREE.
  A person is guilty of promoting a sexual performance by a child IN THE
SECOND  DEGREE  when,  knowing  the  character  and  content thereof, he
produces, directs or promotes  any  performance  which  includes  sexual
conduct by a child less than seventeen years of age.
  Promoting  a  sexual  performance by a child IN THE SECOND DEGREE is a
class D felony.
  S 6. Section 263.16 of the penal law, as added by chapter  11  of  the
laws  of  1996,  is  amended  and two new sections 263.17 and 263.18 are
added to read as follows:

A. 803--A                           3

S 263.16 Possessing a sexual performance by a child IN THE THIRD DEGREE.
  A  person  is  guilty of possessing a sexual performance by a child IN
THE THIRD DEGREE when, knowing the character  and  content  thereof,  he
knowingly  has  in  his  possession  or  control  any  performance which
includes sexual conduct by a child less than sixteen years of age.
  Possessing a sexual performance by a child IN THE THIRD  DEGREE  is  a
class E felony.
S 263.17 POSSESSING  A  SEXUAL  PERFORMANCE  BY  A  CHILD  IN THE SECOND
           DEGREE.
  A PERSON IS GUILTY OF POSSESSING A SEXUAL PERFORMANCE BY  A  CHILD  IN
THE  SECOND  DEGREE  WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF, HE
KNOWINGLY HAS IN HIS POSSESSION OR CONTROL TWENTY-FIVE OR MORE  PERFORM-
ANCES  WHICH  INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN SIXTEEN YEARS
OF AGE.
  POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE  IS  A
CLASS D FELONY.
S 263.18 POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN
THE FIRST DEGREE WHEN, KNOWING THE CHARACTER  AND  CONTENT  THEREOF,  HE
KNOWINGLY  HAS  IN  HIS  POSSESSION OR CONTROL TWO HUNDRED FIFTY OR MORE
PERFORMANCES WHICH INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN  SIXTEEN
YEARS OF AGE.
  POSSESSING  A  SEXUAL  PERFORMANCE BY A CHILD IN THE FIRST DEGREE IS A
CLASS C FELONY.
  S 7. Subdivision 1 of section 263.20 of the penal law, as  amended  by
chapter 1 of the laws of 2000, is amended to read as follows:
  1.  Under  this  article,  it shall be an affirmative defense that the
defendant in good faith reasonably believed the person appearing in  the
performance  was,  for  purposes of section 263.11 [or], 263.12, 263.13,
263.16, 263.17 OR 263.18 of this article, sixteen years of age  or  over
or,  for purposes of section 263.05, 263.09, 263.10, 263.14 or 263.15 of
this article, seventeen years of age or over.
  S 8. Paragraph (d) of subdivision 7 of section 995  of  the  executive
law,  as amended by chapter 2 of the laws of 2006, is amended to read as
follows:
  (d) any of the following felonies, or an attempt  thereof  where  such
attempt is a felony offense:
  aggravated  assault  upon  a  person  less  than  eleven years old, as
defined in section 120.12 of  the  penal  law;  menacing  in  the  first
degree,  as  defined in section 120.13 of the penal law; reckless endan-
germent in the first degree, as defined in section 120.25 of  the  penal
law;  stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in  section  125.10
of  the  penal  law;  vehicular  manslaughter  in  the second degree, as
defined in section 125.12 of the penal law;  vehicular  manslaughter  in
the  first  degree,  as  defined  in  section  125.13  of the penal law;
persistent sexual abuse, as defined in section 130.53 of the penal  law;
aggravated  sexual  abuse  in  the  fourth degree, as defined in section
130.65-a of the penal law; female  genital  mutilation,  as  defined  in
section  130.85  of  the  penal  law;  facilitating a sex offense with a
controlled substance, as defined in section 130.90  of  the  penal  law;
unlawful  imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal  law;  criminal  trespass  in  the  first
degree,  as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal  law;

A. 803--A                           4

tampering  with  a  consumer  product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as  defined
in section 160.05 of the penal law; identity theft in the second degree,
as  defined  in  section  190.79 of the penal law; identity theft in the
first degree, as defined in section 190.80 of the penal  law;  promoting
prison  contraband  in the first degree, as defined in section 205.25 of
the penal law; tampering with a witness in the third degree, as  defined
in  section  215.11  of  the  penal law; tampering with a witness in the
second degree, as defined in section 215.12 of the penal law;  tampering
with  a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the  penal  law;  aggravated
criminal  contempt,  as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the  penal
law;  bail  jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a prostitute in the second degree, as defined
in section 230.05 of the penal law;  patronizing  a  prostitute  in  the
first  degree,  as defined in section 230.06 of the penal law; promoting
prostitution in the second degree, as defined in section 230.30  of  the
penal  law;  promoting  prostitution  in the first degree, as defined in
section 230.32 of the penal law; compelling prostitution, as defined  in
section  230.33  of  the  penal law; disseminating indecent materials to
minors in the second degree, as defined in section 235.21 of  the  penal
law;  disseminating indecent materials to minors in the first degree, as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by an inmate, as defined in section 240.32 of the  penal  law;  unlawful
surveillance  in  the second degree, as defined in section 250.45 of the
penal law; unlawful surveillance in the  first  degree,  as  defined  in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly  person,  OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON in the
second degree, as defined in section 260.32 of the penal law;  endanger-
ing  the  welfare  of  a vulnerable elderly person, OR AN INCOMPETENT OR
PHYSICALLY DISABLED PERSON in the first degree, as  defined  in  section
260.34  of  the  penal  law;  use of a child in a sexual performance, as
defined in section 263.05 of the penal law; PROMOTING AN OBSCENE  SEXUAL
PERFORMANCE  BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.09
OF THE PENAL LAW; promoting an obscene sexual performance by a child  IN
THE  SECOND  DEGREE,  as  defined  in  section  263.10 of the penal law;
possessing an obscene sexual performance by a child IN THE THIRD DEGREE,
as defined in section 263.11 of the penal  law;  POSSESSING  AN  OBSCENE
SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION
263.12  OF  THE PENAL LAW; POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.13 OF THE PENAL LAW;
PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED
IN SECTION 263.14 OF THE PENAL LAW; promoting a sexual performance by  a
child  IN  THE  SECOND DEGREE, as defined in section 263.15 of the penal
law; possessing a sexual performance by a child IN THE THIRD DEGREE,  as
defined in section 263.16 of the penal law; POSSESSING A SEXUAL PERFORM-
ANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 263.17 OF THE
PENAL  LAW;  POSSESSING  A  SEXUAL  PERFORMANCE  BY A CHILD IN THE FIRST
DEGREE  AS  DEFINED  IN  SECTION  263.18  OF  THE  PENAL  LAW;  criminal
possession of a weapon in the third degree, as defined in section 265.02
of  the  penal  law;  criminal sale of a firearm in the third degree, as
defined in section 265.11 of the penal law; criminal sale of  a  firearm

A. 803--A                           5

to  a  minor,  as  defined  in section 265.16 of the penal law; unlawful
wearing of a body vest, as defined in section 270.20 of the  penal  law;
hate  crimes as defined in section 485.05 of the penal law; and crime of
terrorism, as defined in section 490.25 of the penal law; or
  S  9.  Subdivisions  1  and  2  of section 263.00 of the penal law, as
amended by chapter 1 of the  laws  of  2000,  are  amended  to  read  as
follows:
  1.  "Sexual  performance" means any performance or part thereof which,
for purposes of [section] SECTIONS 263.16, 263.17  AND  263.18  of  this
article,  includes  sexual conduct by a child less than sixteen years of
age or, for purposes of section 263.05, 263.14 or 263.15 of  this  arti-
cle,  includes  sexual  conduct  by a child less than seventeen years of
age.
  2. "Obscene sexual  performance"  means  any  performance  which,  for
purposes  of  [section] SECTIONS 263.11, 263.12 AND 263.13 of this arti-
cle, includes sexual conduct by a child less than sixteen years  of  age
or,  for  purposes of [section] SECTIONS 263.09 AND 263.10 of this arti-
cle, includes sexual conduct by a child less  than  seventeen  years  of
age,  in  any  material  which  is  obscene,  as such term is defined in
section 235.00 of this chapter.
  S 10. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
law,  as  amended by section 30 of part AAA of chapter 56 of the laws of
2009, is amended to read as follows:
  (a) Any of the felonies set forth in this  chapter:  sections  120.05,
120.10  and 120.11 relating to assault; sections 125.10 to 125.27 relat-
ing to homicide; sections 130.25, 130.30 and 130.35  relating  to  rape;
sections 135.20 and 135.25 relating to kidnapping; section 135.35 relat-
ing  to labor trafficking; section 135.65 relating to coercion; sections
140.20, 140.25 and 140.30 relating to burglary; sections 145.05,  145.10
and  145.12  relating  to  criminal  mischief; article one hundred fifty
relating to arson; sections 155.30, 155.35, 155.40 and  155.42  relating
to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to
health  care  fraud;  article  one  hundred  sixty  relating to robbery;
sections  165.45,  165.50,  165.52  and  165.54  relating  to   criminal
possession  of  stolen  property; sections 165.72 and 165.73 relating to
trademark  counterfeiting;  sections  170.10,  170.15,  170.25,  170.30,
170.40,  170.65 and 170.70 relating to forgery; sections 175.10, 175.25,
175.35, 175.40 and 210.40 relating to false statements; sections 176.15,
176.20, 176.25 and 176.30 relating to insurance fraud;  sections  178.20
and  178.25  relating  to criminal diversion of prescription medications
and prescriptions; sections  180.03,  180.08,  180.15,  180.25,  180.40,
180.45,  200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22,
200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections
187.10,  187.15,  187.20  and  187.25  relating  to residential mortgage
fraud[,]; sections 190.40 and 190.42 relating to criminal usury; section
190.65 relating to schemes to defraud; sections 205.60 and 205.65 relat-
ing to hindering prosecution; sections 210.10, 210.15, and 215.51 relat-
ing to perjury and contempt; section 215.40 relating to  tampering  with
physical  evidence;  sections  220.06,  220.09,  220.16, 220.18, 220.21,
220.31, 220.34, 220.39,  220.41,  220.43,  220.46,  220.55,  220.60  and
220.77  relating  to  controlled  substances; sections 225.10 and 225.20
relating to gambling; sections 230.25, 230.30, and  230.32  relating  to
promoting  prostitution;  section  230.34  relating  to sex trafficking;
sections 235.06,  235.07,  235.21  and  235.22  relating  to  obscenity;
sections  263.09,  263.10  and  263.15  relating  to  promoting a sexual
performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12,

A. 803--A                           6

265.13 and the provisions of section 265.10 which  constitute  a  felony
relating  to  firearms  and other dangerous weapons; and sections 265.14
and 265.16 relating to criminal sale of a firearm; and  section  275.10,
275.20,  275.30,  or  275.40  relating  to  unauthorized recordings; and
sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering;
or
  S 11. Paragraph (b) of subdivision 4 of section 509-cc of the  vehicle
and  traffic  law,  as  amended  by  chapter 360 of the laws of 1986, is
amended to read as follows:
  (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (b) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  100.13, 105.15, 105.17, 115.08, 125.10, 125.15, 130.40,
130.60, 130.65, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41,  220.43,
260.00,  263.05, 263.09, 263.10, 263.14, 263.15, 265.04 of the penal law
or an attempt to commit any of  the  aforesaid  offenses  under  section
110.00  of  the  penal  law,  or  any  offenses committed under a former
section of the penal law which would constitute violations of the afore-
said sections of the penal law, or any offenses committed  outside  this
state which would constitute violations of the aforesaid sections of the
penal law.
  S  12.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law.

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Assembly Bill A803

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A803 - Details

2009-A803 - Summary

2009-A803 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A803A (ACTIVE) - Details

2009-A803A (ACTIVE) - Summary

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Comments

Assembly Bill A803

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Sponsored By

PAULIN

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Sam Hoyt

Aileen Gunther

Joan Christensen

Susan John

multi-Sponsors

Thomas Alfano

Robert Barra

Ann-Margaret Carrozza

Barbara Clark

2009-A803 - Details

2009-A803 - Summary

2009-A803 - Bill Text download pdf

co-Sponsors

Sam Hoyt

Aileen Gunther

Joan Christensen

Susan John

multi-Sponsors

Thomas Alfano

Robert Barra

Ann-Margaret Carrozza

Barbara Clark

2009-A803A (ACTIVE) - Details

2009-A803A (ACTIVE) - Summary

2009-A803A (ACTIVE) - Bill Text download pdf

Comments