Senate Bill S3411

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

                                  3411

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 18, 2009
                               ___________

Introduced by Sens. YOUNG, ALESI, DeFRANCISCO, LARKIN, MORAHAN, PADAVAN,
  SALAND  --  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 establishing the  offenses
  of promoting and possessing a sex offense against a child

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

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
the penal law, paragraph (a) as amended by chapter 320 of  the  laws  of
2006  and paragraph (b) as separately amended by chapters 764 and 765 of
the laws of 2005, are amended to read as follows:
  (a) Class B violent felony offenses: an attempt to  commit  the  class
A-I  felonies  of  murder  in  the  second  degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter  in
the  first  degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section  125.22,  rape  in  the  first
degree  as  defined  in section 130.35, criminal sexual act in the first
degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
first  degree  as  defined  in  section 130.70, course of sexual conduct
against a child in the  first  degree  as  defined  in  section  130.75;
assault  in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary  in  the  first
degree  as  defined  in  section  140.30,  arson in the second degree as
defined in section 150.15, robbery in the first  degree  as  defined  in
section  160.15,  PROMOTING  A SEX OFFENSE AGAINST A CHILD AS DEFINED IN
SECTION 263.35, incest in the first degree as defined in section 255.27,
criminal possession of a weapon  in  the  first  degree  as  defined  in
section 265.04, criminal use of a firearm in the first degree as defined
in  section  265.09,  criminal  sale of a firearm in the first degree as
defined in section 265.13, aggravated assault upon a police officer or a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07206-01-9
              

S. 3411                             2

peace officer as defined in section 120.11, gang assault  in  the  first
degree as defined in section 120.07, intimidating a victim or witness in
the  first degree as defined in section 215.17, hindering prosecution of
terrorism  in  the  first  degree as defined in section 490.35, criminal
possession of a chemical weapon  or  biological  weapon  in  the  second
degree  as  defined  in  section  490.40, and criminal use of a chemical
weapon or biological weapon in the third degree as  defined  in  section
490.47.
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set  forth  in  paragraph  (a);  aggravated  criminally
negligent homicide as defined in section 125.11, aggravated manslaughter
in  the  second  degree  as defined in section 125.21, aggravated sexual
abuse in the second degree as defined in section 130.67,  assault  on  a
peace  officer,  police  officer,  fireman or emergency medical services
professional as defined in section 120.08, gang assault  in  the  second
degree  as  defined  in section 120.06, burglary in the second degree as
defined in section 140.25, robbery in the second degree  as  defined  in
section  160.10,  POSSESSING A SEX OFFENSE AGAINST A CHILD AS DEFINED IN
SECTION 263.40, criminal possession of a weapon in the second degree  as
defined  in  section  265.03,  criminal  use  of a firearm in the second
degree as defined in section 265.08, criminal sale of a firearm  in  the
second  degree  as defined in section 265.12, criminal sale of a firearm
with the aid of a minor as defined  in  section  265.14,  soliciting  or
providing support for an act of terrorism in the first degree as defined
in  section  490.15,  hindering  prosecution  of terrorism in the second
degree as defined in section 490.30, and criminal possession of a chemi-
cal weapon or biological weapon  in  the  third  degree  as  defined  in
section 490.37.
  S 2. Section 263.00 of the penal law is amended by adding a new subdi-
vision 9 to read as follows:
  9.  "INTERNET"  MEANS THE SYSTEM OF LINKED COMPUTER NETWORKS, INTERNA-
TIONAL IN SCOPE, THAT FACILITATES DATA TRANSMISSION AND EXCHANGE.
  S 3. The penal law is amended by adding two new  sections  263.35  and
263.40 to read as follows:
S 263.35 PROMOTING A SEX OFFENSE AGAINST A CHILD.
  A  PERSON  IS  GUILTY OF PROMOTING A SEX OFFENSE AGAINST A CHILD WHEN,
KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE  PRODUCES,  DIRECTS
OR  PROMOTES ANY VISUAL OR AUDIO REPRESENTATION OF THE COMMISSION OF ANY
OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF  THIS  PART  AGAINST  A
CHILD LESS THAN SIXTEEN YEARS OF AGE, INCLUDING THE DISSEMINATION OF ANY
SUCH REPRESENTATION ON THE INTERNET.
  PROMOTING A SEX OFFENSE AGAINST A CHILD IS A CLASS B FELONY.
S 263.40 POSSESSING A SEX OFFENSE AGAINST A CHILD.
  A  PERSON  IS GUILTY OF POSSESSING A SEX OFFENSE AGAINST A CHILD WHEN,
KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE  KNOWINGLY  HAS  IN
HIS  OR  HER POSSESSION OR CONTROL ANY VISUAL OR AUDIO REPRESENTATION OF
THE COMMISSION OF ANY OFFENSE DEFINED IN ARTICLE ONE HUNDRED  THIRTY  OF
THIS PART AGAINST A CHILD LESS THAN SIXTEEN YEARS OF AGE.
  POSSESSING A SEX OFFENSE AGAINST A CHILD IS A CLASS C FELONY.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.