S T A T E O F N E W Y O R K
________________________________________________________________________
760
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, AUBRY,
SCHIMMINGER, ZEBROWSKI, GALEF, ROBINSON, N. RIVERA, ENGLEBRIGHT,
FIELDS, BENEDETTO, EDDINGTON, HYER-SPENCER, PHEFFER, ARROYO, DelMONTE,
SCHROEDER, SPANO -- Multi-Sponsored by -- M. of A. ALFANO, CARROZZA,
COLTON, DESTITO, DINOWITZ, HOOPER, KOON, MAGEE, MAGNARELLI, MAISEL,
MARKEY, MAYERSOHN, SCHIMEL, SEMINERIO, SWEENEY, WEISENBERG -- read
once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to promoting an obscene sexu-
al performance by a child in the first degree
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 OR SHE PRODUCES OR DIRECTS TEN OR MORE OBSCENE PERFORMANCES, EACH
OF WHICH INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN SEVENTEEN YEARS OF
AGE. NOTWITHSTANDING SUBDIVISION FOUR OF SECTION 263.00 OF THIS ARTI-
CLE, FOR PURPOSES OF THIS SECTION, A "PERFORMANCE" SHALL MEAN A PLAY,
MOTION PICTURE OR DANCE, OR A PHOTOGRAPHIC SESSION AT WHICH MULTIPLE
PHOTOGRAPHS ARE TAKEN.
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.
LBD01571-01-9
A. 760 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. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.