S T A T E O F N E W Y O R K
________________________________________________________________________
1818
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
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Introduced by M. of A. PHEFFER, CYMBROWITZ, GIANARIS, MAYERSOHN,
P. RIVERA -- Multi-Sponsored by -- M. of A. ALFANO, BRENNAN, ENGLE-
BRIGHT, GALEF, MILLMAN, PRETLOW, ROBINSON, TOWNS, WEISENBERG, WRIGHT
-- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to exploitive child modeling
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 263.00 of the penal law is amended by adding a new
subdivision 9 to read as follows:
9. "EXPLOITIVE CHILD MODELING" MEANS THE DISPLAY OF A MINOR THROUGH
ANY MEDIUM INCLUDING BUT NOT LIMITED TO A WEBSITE WITHOUT A DIRECT OR
INDIRECT PURPOSE OF MARKETING A PRODUCT OR SERVICE OTHER THAN THE MINOR.
S 2. The penal law is amended by adding a new section 263.12 to read
as follows:
S 263.12 PROMOTING EXPLOITIVE CHILD MODELING OR EMPLOYMENT.
A PERSON IS GUILTY OF PROMOTING EXPLOITIVE CHILD MODELING OR EMPLOY-
MENT WHEN HE OR SHE DISPLAYS THE IMAGE OF A CHILD THROUGH ANY MEDIUM OR
EMPLOYS A CHILD IN EXPLOITIVE CHILD MODELING WHO HAS NOT ATTAINED THE
AGE OF SEVENTEEN YEARS, WITH THE INTENT TO MAKE A FINANCIAL GAIN THERE-
BY, OR OFFERS TO PROVIDE AN IMAGE OF SUCH CHILD OR EMPLOYS SUCH CHILD
WITH THE INTENT TO MAKE A FINANCIAL GAIN THEREBY, WITHOUT A DIRECT OR
INDIRECT PURPOSE OF MARKETING A PRODUCT OR SERVICE OTHER THAN AN IMAGE
OF A CHILD MODEL OR EMPLOYING AN EXPLOITIVE CHILD MODEL.
PROMOTING EXPLOITIVE CHILD MODELING OR EMPLOYMENT IS A CLASS E FELONY.
S 3. This act shall take effect on the first of November next succeed-
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.
LBD05321-01-9