S. 5226--A 2
S 3. Subdivision 2 of section 60.42 of the criminal procedure law, as
added by chapter 230 of the laws of 1975, is amended to read as follows:
2. proves or tends to prove that the victim has been convicted of an
offense under section 230.00 OR 230.01 of the penal law within three
years prior to the sex offense which is the subject of the prosecution;
or
S 4. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
procedure law, as amended by chapter 232 of the laws of 2010, is amended
and a new paragraph (e) is added to read as follows:
(d) Loitering for the purpose of engaging in a prostitution offense as
defined in subdivision two of section 240.37 of the penal law[.]; OR
(E) UNLAWFUL PROSTITUTION AS DEFINED IN SECTION 230.01 OF THE PENAL
LAW.
S 5. Section 190.30 of the criminal procedure law is amended by adding
a new subdivision 9 to read as follows:
9. BUSINESS RECORDS MAY BE RECEIVED AT GRAND JURY PROCEEDINGS AS
EVIDENCE OF THE FACTS STATED IN SUCH RECORDS, PROVIDED SUCH RECORDS ARE
ACCOMPANIED BY A WRITTEN STATEMENT, UNDER OATH, OF THE RECORD'S CUSTO-
DIAN OR OTHER QUALIFIED WITNESS OF THE BUSINESS. SUCH STATEMENT SHALL
CONTAIN A LIST OR DESCRIPTION OF THE RECORDS ATTACHED AND STATE IN
SUBSTANCE THAT THE PERSON IS A DULY AUTHORIZED CUSTODIAN OF THE RECORDS
OR OTHER QUALIFIED WITNESS WITH KNOWLEDGE THAT SUCH RECORDS WERE MADE IN
THE REGULAR COURSE OF BUSINESS AND THAT IT WAS THE REGULAR COURSE OF
SUCH BUSINESS TO MAKE SUCH RECORDS AT THE TIME OF THE ACT, TRANSACTION,
OCCURRENCE OR EVENT, OR WITHIN A REASONABLE TIME THEREAFTER. SUCH WRIT-
TEN STATEMENT MAY ALSO INCLUDE A STATEMENT THAT THE BUSINESS DOES NOT
POSSESS A PARTICULAR RECORD OR RECORDS, AND SUCH STATEMENT MAY BE
RECEIVED AT GRAND JURY PROCEEDINGS AS EVIDENCE OF THE FACT THAT THE
BUSINESS DOES NOT POSSESS SUCH RECORD OR RECORDS. WHEN IT IS NECESSARY
FOR THE BUSINESS WHOSE RECORDS ARE BEING OFFERED INTO EVIDENCE TO SUBMIT
A WRITTEN STATEMENT UNDER OATH FROM MORE THAN ONE OF ITS EMPLOYEES IN
ORDER TO COMPLY WITH THIS SUBDIVISION, MORE THAN ONE WRITTEN STATEMENT
UNDER OATH MAY BE ATTACHED TO THE RECORDS. FOR THE PURPOSE OF THIS
SUBDIVISION, THE TERM "BUSINESS" INCLUDES A BUSINESS, PROFESSION, OCCU-
PATION AND CALLING OF EVERY KIND.
S 6. Subdivisions 4 and 7 of section 200.50 of the criminal procedure
law, as amended by chapter 7 of the laws of 2007, are amended to read as
follows:
4. A statement in each count that the grand jury, or, where the accu-
satory instrument is a superior court information, the district attor-
ney, accuses the defendant or defendants of a designated offense,
provided that in any prosecution under article four hundred eighty-five
of the penal law, the designated offense shall be the specified offense,
as defined in subdivision three of section 485.05 of the penal law,
followed by the phrase "as a hate crime", and provided further that in
any prosecution under section 490.25 of the penal law, the designated
offense shall be the specified offense, as defined in subdivision three
of section 490.05 of the penal law, followed by the phrase "as a crime
of terrorism"; and provided further that in any prosecution under
section 130.91 of the penal law, the designated offense shall be the
specified offense, as defined in subdivision two of section 130.91 of
the penal law, followed by the phrase "as a sexually motivated felony";
and PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 263.18 OF THE
PENAL LAW, THE DESIGNATED OFFENSE SHALL BE THE UNDERLYING SEX CRIME
AGAINST A CHILD, AS DEFINED IN SUBDIVISION TWO OF SECTION 263.18 OF THE
PENAL LAW, FOLLOWED BY THE PHRASE "AS A COMPUTER SEX CRIME"; AND
S. 5226--A 3
7. A plain and concise factual statement in each count which, without
allegations of an evidentiary nature,
(a) asserts facts supporting every element of the offense charged and
the defendant's or defendants' commission thereof with sufficient preci-
sion to clearly apprise the defendant or defendants of the conduct which
is the subject of the accusation; and
(b) in the case of any armed felony, as defined in subdivision forty-
one of section 1.20 OF THIS CHAPTER, states that such offense is an
armed felony and specifies the particular implement the defendant or
defendants possessed, were armed with, used or displayed or, in the case
of an implement displayed, specifies what the implement appeared to be;
and
(c) in the case of any hate crime, as defined in section 485.05 of the
penal law, specifies, as applicable, that the defendant or defendants
intentionally selected the person against whom the offense was committed
or intended to be committed; or intentionally committed the act or acts
constituting the offense, in whole or in substantial part because of a
belief or perception regarding the race, color, national origin, ances-
try, gender, religion, religious practice, age, disability or sexual
orientation of a person; and
(d) in the case of a crime of terrorism, as defined in section 490.25
of the penal law, specifies, as applicable, that the defendant or
defendants acted with intent to intimidate or coerce a civilian popu-
lation, influence the policy of a unit of government by intimidation or
coercion, or affect the conduct of a unit of government by murder,
assassination or kidnapping; and
(e) in the case of a sexually motivated felony, as defined in section
130.91 of the penal law, asserts facts supporting the allegation that
the offense was sexually motivated; and
(F) IN THE CASE OF A COMPUTER SEX CRIME, AS DEFINED IN SUBDIVISION ONE
OF SECTION 263.18 OF THE PENAL LAW, SPECIFIES, AS APPLICABLE, THAT THE
DEFENDANT OR DEFENDANTS FACILITATED THE COMMISSION OF A SEX CRIME
AGAINST A CHILD, AS DEFINED IN SUBDIVISION TWO OF SECTION 263.18 OF THE
PENAL LAW, BY USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE
TO COMMUNICATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED.
S 7. Subdivision 6 of section 380.50 of the criminal procedure law, as
amended by chapter 320 of the laws of 2006, is amended to read as
follows:
6. Regardless of whether the victim requests to make a statement with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law or any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25, 230.05, 230.06, 230.06-A, subdivision two of section 230.30 or
230.32, the prosecutor shall, within sixty days of the imposition of
sentence, provide the victim with a form on which the victim may indi-
cate a demand to be informed of any petition to change the name of such
defendant. Such forms shall be maintained by such prosecutor. Upon
receipt of a notice of a petition to change the name of any such defend-
ant, pursuant to subdivision two of section sixty-two of the civil
rights law, the prosecutor shall promptly notify the victim at the most
current address or telephone number provided by such victim in the most
reasonable and expedient possible manner of the time and place such
petition will be presented to the court.
S. 5226--A 4
S 8. Section 610.10 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
4. A "NON-JUDICIAL SUBPOENA" IS A PROCESS ISSUED BY A DISTRICT ATTOR-
NEY OR THE ATTORNEY GENERAL, WHERE APPROPRIATE, OR THE CHIEF EXECUTIVE
OFFICER OF A POLICE DEPARTMENT, AS DEFINED IN SUBDIVISION A OF SECTION
EIGHT HUNDRED THIRTY-SEVEN-C OF THE EXECUTIVE LAW, OR THE DESIGNEE OF
SUCH CHIEF EXECUTIVE OFFICER, IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION FOUR OF SECTION 610.20 OF THIS ARTICLE.
S 9. Section 610.20 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
4. IN THE INVESTIGATION OF AN OFFENSE AGAINST A MINOR OR AN ATTEMPT TO
COMMIT AN OFFENSE AGAINST A MINOR, OR IN ANY INSTANCE WHERE THE LIFE OR
SAFETY OF A PERSON IS IN IMMINENT DANGER, A NON-JUDICIAL SUBPOENA MAY BE
ISSUED AND DIRECTED TO AN INTERNET SERVICE PROVIDER OR A PROVIDER OF
E-MAIL SERVICES REQUIRING THE PROVIDER TO DISCLOSE THE IDENTITY AND
ADDRESS OF A SUBSCRIBER RELATIVE TO A SCREEN NAME.
S 10. Paragraph (h) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 154 of the laws of 1990, is amended
to read as follows:
(h) Promoting prostitution in the first degree, as defined in section
230.32 of the penal law, promoting prostitution in the second degree, as
defined by subdivision one of section 230.30 of the penal law, COMPEL-
LING PROSTITUTION, AS DEFINED IN SECTION 230.33 OF THE PENAL LAW;
S 11. Subdivision 8 of section 700.05 of the criminal procedure law is
amended by adding a new paragraph (u) to read as follows:
(U) USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE SECOND DEGREE AS
DEFINED IN SECTION 263.06 OF THE PENAL LAW, USE OF A CHILD IN A SEXUAL
PERFORMANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 263.07 OF THE
PENAL LAW, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE
SECOND DEGREE AS DEFINED IN SECTION 263.08 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, POSSESSING AN OBSCENE SEXUAL
PERFORMANCE BY A CHILD IN THE THIRD DEGREE AS DEFINED IN SECTION 263.10
OF THE PENAL LAW, POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN
THE SECOND DEGREE AS DEFINED IN SECTION 263.11 OF THE PENAL LAW,
POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE
AS DEFINED IN SECTION 263.12 OF THE PENAL LAW, PROMOTING A SEXUAL
PERFORMANCE BY A CHILD IN THE SECOND 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, POSSESSING A SEXU-
AL PERFORMANCE BY A CHILD IN THE THIRD DEGREE AS DEFINED IN SECTION
263.15 OF THE PENAL LAW, POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN
THE SECOND DEGREE AS DEFINED IN SECTION 263.16 OF THE PENAL LAW,
POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS
DEFINED IN SECTION 263.17 OF THE PENAL LAW, COMPUTER SEX CRIMES AS
DEFINED IN SECTION 263.18 OF THE PENAL LAW, CRIMINAL USE OF ENCRYPTION
IN THE SECOND DEGREE AS DEFINED IN SECTION 156.40 OF THE PENAL LAW,
CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE AS DEFINED IN SECTION
156.41 OF THE PENAL LAW, LURING A CHILD AS DEFINED IN SECTION 263.01 OF
THE PENAL LAW AND DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST
DEGREE AS DEFINED IN SECTION 263.03 OF THE PENAL LAW.
S 12. Paragraph (a) of subdivision 2 of section 168-a of the
correction law, as amended by chapter 405 of the laws of 2008, is
amended to read as follows:
(a) (i) a conviction of or a conviction for an attempt to commit any
of the provisions of sections [120.70,] 130.20, 130.25, 130.30, 130.40,
S. 5226--A 5
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
or 135.25 of such law relating to kidnapping offenses, provided the
victim of such kidnapping or related offense is less than seventeen
years old and the offender is not the parent of the victim, or section
230.04, where the person patronized is in fact less than seventeen years
of age, 230.05 [or], 230.06 OR 230.06-A, or subdivision two of section
230.30, or section 230.32 [or], 230.33 OR 230.45 of the penal law, or
(ii) [a conviction of or a conviction for an attempt to commit any of
the provisions of section 235.22 of the penal law, or (iii)] a
conviction of or a conviction for an attempt to commit any provisions of
the foregoing sections committed or attempted as a hate crime defined in
section 485.05 of the penal law or as a crime of terrorism defined in
section 490.25 of such law or as a sexually motivated felony defined in
section 130.91 of such law; or
S 13. Paragraphs d and e of subdivision 2 of section 168-b of the
correction law are relettered paragraphs e and f and a new paragraph d
is added to read as follows:
D. THE REGISTRY IS AUTHORIZED TO MAKE AVAILABLE THE INFORMATION
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-EIGHT-Q OF THIS ARTICLE AND,
IN ADDITION, PROVIDE INFORMATION ON ANY INTERNET ACCOUNTS REGISTERED TO
SUCH SEX OFFENDER AND ANY INTERNET SCREEN NAMES USED BY SUCH OFFENDER TO
AN INTERACTIVE COMPUTER SERVICE, WHICH SHALL BE DEFINED AS ANY INFORMA-
TION SERVICE, SYSTEM OR ACCESS SOFTWARE PROVIDER THAT PROVIDES OR
ENABLES COMPUTER ACCESS BY MULTIPLE USERS TO A COMPUTER SERVER, INCLUD-
ING SPECIFICALLY A SERVICE OR SYSTEM THAT PROVIDES ACCESS TO THE INTER-
NET.
S 14. Paragraph (b) of subdivision 2 of section 168-f of the
correction law, as added by chapter 192 of the laws of 1995, is amended
to read as follows:
(b) The verification form shall be signed by the sex offender, and
state that he OR SHE still resides at the address last reported to the
division AND SHALL PROVIDE INFORMATION ON ANY INTERNET ACCOUNTS BELONG-
ING TO SUCH SEX OFFENDER AND ANY INTERNET SCREEN NAME OR NAMES USED BY
SUCH OFFENDER.
S 15. Sections 120.70, 235.20, 235.21, 235.22, 235.23 and 235.24 of
the penal law are REPEALED.
S 16. Section 60.13 of the penal law, as added by chapter 7 of the
laws of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
When a person is to be sentenced upon a conviction for any felony
defined in article one hundred thirty of this chapter, including a sexu-
ally motivated felony, or patronizing a prostitute in the first degree
as defined in section 230.06 of this chapter, SEXUAL EXPLOITATION OF A
CHILD AS DEFINED IN SECTION 230.06-A OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the first degree as defined in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of these crimes, the court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.
S 17. Subdivision 1 of section 70.02 of the penal law, as separately
amended by chapters 764 and 765 of the laws of 2005, paragraph (a) as
amended by chapter 320 of the laws of 2006, paragraph (b) as amended by
chapter 148 of the laws of 2011, paragraph (c) as amended by chapter 405
of the laws of 2010 and paragraph (d) as amended by chapter 7 of the
laws of 2007, is amended to read as follows:
S. 5226--A 6
1. Definition of a violent felony offense. A violent felony offense is
a class B violent felony offense, a class C violent felony offense, a
class D violent felony offense, or a class E violent felony offense,
defined 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, SEXUAL EXPLOITATION OF A CHILD AS DEFINED IN SECTION
230.06-A, PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
SECTION 230.32, COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33,
incest in the first degree as defined in section 255.27, USE OF A CHILD
IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE AS DEFINED IN SECTION
263.07, 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 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) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated 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, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as defined
in section 121.13, burglary in the second degree as defined in section
140.25, robbery in the second degree as defined in section 160.10,
PROMOTING PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION
230.30, DISSEMINATING INDECENT MATERIALS TO MINORS IN THE FIRST DEGREE
AS DEFINED IN SECTION 263.03, USE OF A CHILD IN A SEXUAL PERFORMANCE IN
THE SECOND DEGREE AS DEFINED IN SECTION 263.06, PROMOTING AN OBSCENE
SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
263.09, POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
DEGREE AS DEFINED IN SECTION 263.12, PROMOTING A SEXUAL PERFORMANCE BY A
CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.14, POSSESSING A
SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
263.17, criminal possession of a weapon in the second degree as defined
S. 5226--A 7
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 chemical
weapon or biological weapon in the third degree as defined in section
490.37.
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child in the second degree as defined in
section 130.80, aggravated sexual abuse in the third degree as defined
in section 130.66, facilitating a sex offense with a controlled
substance as defined in section 130.90, PATRONIZING A PROSTITUTE IN THE
FIRST DEGREE AS DEFINED IN SECTION 230.06, PROMOTING PROSTITUTION IN THE
THIRD DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.25, PROMOTING
AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED
IN SECTION 263.08, PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE
SECOND DEGREE AS DEFINED IN SECTION 263.13, criminal possession of a
weapon in the third degree as defined in subdivision five, six, seven or
eight of section 265.02, criminal sale of a firearm in the third degree
as defined in section 265.11, intimidating a victim or witness in the
second degree as defined in section 215.16, soliciting or providing
support for an act of terrorism in the second degree as defined in
section 490.10, and making a terroristic threat as defined in section
490.20, falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb or hazardous
substance in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined in section 240.63, and aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18.
(d) Class E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a weapon in the third degree as
defined in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20 of
the criminal procedure law, persistent sexual abuse as defined in
section 130.53, aggravated sexual abuse in the fourth degree as defined
in section 130.65-a, PATRONIZING A PROSTITUTE IN THE SECOND DEGREE AS
DEFINED IN SECTION 230.05, falsely reporting an incident in the second
degree as defined in section 240.55 and placing a false bomb or hazard-
ous substance in the second degree as defined in section 240.61.
S 18. Paragraph (a) of subdivision 1 of section 70.80 of the penal
law, as added by chapter 7 of the laws of 2007, is amended to read as
follows:
(a) For the purposes of this section, a "felony sex offense" means a
conviction of any felony defined in article one hundred thirty of this
chapter, including a sexually motivated felony, or patronizing a prosti-
S. 5226--A 8
tute in the first degree as defined in section 230.06 of this chapter,
incest in the second degree as defined in section 255.26 of this chap-
ter, SEXUAL EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A OF
THIS CHAPTER, or incest in the first degree as defined in section 255.27
of this chapter, or a felony attempt or conspiracy to commit any of the
above.
S 19. Subdivision 2 of section 130.91 of the penal law, as amended by
chapter 405 of the laws of 2010, is amended to read as follows:
2. A "specified offense" is a felony offense defined by any of the
following provisions of this chapter: assault in the second degree as
defined in section 120.05, assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in section
120.06, gang assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, strangulation
in the second degree as defined in section 121.12, strangulation in the
first degree as defined in section 121.13, manslaughter in the second
degree as defined in subdivision one of section 125.15, manslaughter in
the first degree as defined in section 125.20, murder in the second
degree as defined in section 125.25, aggravated murder as defined in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the second degree as
defined in section 140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery in the
third degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
disseminating indecent material to minors in the first degree as defined
in section [235.22] 263.03, use of a child in a sexual performance IN
THE SECOND DEGREE as defined in section [263.05] 263.06, USE OF A CHILD
IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE AS DEFINED IN SECTION
263.07, promoting an obscene sexual performance by a child IN THE SECOND
DEGREE as defined in section [263.10] 263.08, PROMOTING AN OBSCENE SEXU-
AL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
263.09, promoting a sexual performance by a child IN THE SECOND DEGREE
as defined in section [263.15] 263.13, PROMOTING A SEXUAL PERFORMANCE BY
A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.14, or any felony
attempt or conspiracy to commit any of the foregoing offenses.
S 20. Subdivision 3 of section 130.95 of the penal law, as added by
chapter 107 of the laws of 2006, is amended to read as follows:
3. He or she has previously been subjected to a conviction for a felo-
ny defined in this article, incest as defined in section 255.25 of this
chapter or use of a child in a sexual performance as defined in [section
263.05] SECTIONS 263.06 AND 263.07 of this chapter.
S 21. Section 156.00 of the penal law is amended by adding a new
subdivision 10 to read as follows:
10. "ENCRYPTION" MEANS ANY PROTECTIVE OR DISRUPTIVE MEASURE, INCLUD-
ING, WITHOUT LIMITATION, CRYPTOGRAPHY, ENCIPHERING OR ENCODING, WHICH:
(A) CAUSES OR MAKES ANY DATA, INFORMATION, IMAGE, PROGRAM, SIGNAL OR
SOUND UNINTELLIGIBLE OR UNUSABLE; OR
(B) PREVENTS, IMPEDES, DELAYS OR DISRUPTS ACCESS TO ANY DATA, INFORMA-
TION, IMAGE, PROGRAM, SIGNAL OR SOUND.
S. 5226--A 9
S 22. The penal law is amended by adding two new sections 156.40 and
156.41 to read as follows:
S 156.40 CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE.
A PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE
WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE ENCRYPTION TO:
1. COMMIT, FURTHER, FACILITATE OR PROMOTE CONDUCT CONSTITUTING A
CRIME;
2. CONCEAL THE COMMISSION OF ANY CRIME;
3. CONCEAL OR PROTECT THE IDENTITY OF A PERSON WHO HAS COMMITTED ANY
CRIME; OR
4. PREVENT, IMPEDE, DELAY OR DISRUPT THE NORMAL OPERATION OR USE OF A
COMPUTER, COMPUTER PROGRAM OR COMPUTER SYSTEM.
CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
NOR.
S 156.41 CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL USE OF ENCRYPTION IN THE
SECOND DEGREE AND HE OR SHE:
1. DOES SO WITH AN INTENT TO COMMIT OR ATTEMPT TO COMMIT OR FURTHER
THE COMMISSION OF A FELONY;
2. DOES SO WITH AN INTENT TO CONCEAL THE COMMISSION OF ANY FELONY;
3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS
COMMITTED ANY FELONY; OR
4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE.
CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE IS A CLASS E FELONY.
S 23. Section 215.40 of the penal law is amended to read as follows:
S 215.40 Tampering with physical evidence.
A person is guilty of tampering with physical evidence when:
1. With intent that it be used or introduced in, OR BELIEVING THAT IT
HAS BEEN REQUESTED OR MAY BE GATHERED DURING OR PURSUANT TO an official
proceeding or a prospective official proceeding, [he] SUCH PERSON: (a)
knowingly makes, devises or prepares false physical evidence, or (b)
produces or offers such evidence at such a proceeding knowing it to be
false; or
2. Believing that certain physical evidence [is about to] HAS BEEN OR
MAY be REQUESTED, GATHERED, produced or used in OR PURSUANT TO an offi-
cial proceeding or a prospective official proceeding, and intending to
prevent such production or use, [he] SUCH PERSON suppresses it by any
act of concealment, alteration, ENCRYPTION or destruction, or by employ-
ing force, intimidation or deception against any person.
3. NO ELECTRONIC COMMUNICATIONS SERVICE OR REMOTE COMPUTING SERVICE,
AS DEFINED UNDER THE FEDERAL ELECTRONIC COMMUNICATIONS PRIVACY ACT,
WHICH IS ACTING WITHIN THE ORDINARY COURSE OF BUSINESS, SHALL BE OBLI-
GATED TO RETAIN CUSTOMER INFORMATION AND/OR CONTENT UNLESS IN RECEIPT OF
AN OFFICIAL REQUEST TO RETAIN PHYSICAL EVIDENCE.
Tampering with physical evidence is a class [E] D felony.
S 24. Section 230.00 of the penal law, as amended by chapter 169 of
the laws of 1969, is amended to read as follows:
S 230.00 [Prostitution] CRIMINAL PROSTITUTION.
A person is guilty of CRIMINAL prostitution when, BEING SEVENTEEN
YEARS OLD OR MORE, such person engages or agrees or offers to engage in
sexual conduct with another person in return for a fee.
[Prostitution] CRIMINAL PROSTITUTION is a class B [Misdemeanor] MISDE-
MEANOR.
S 25. The penal law is amended by adding a new section 230.01 to read
as follows:
S. 5226--A 10
S 230.01 UNLAWFUL PROSTITUTION.
A PERSON IS GUILTY OF UNLAWFUL PROSTITUTION WHEN, BEING LESS THAN
SEVENTEEN YEARS OLD, SUCH PERSON ENGAGES OR AGREES OR OFFERS TO ENGAGE
IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE.
UNLAWFUL PROSTITUTION IS A VIOLATION, PROVIDED, HOWEVER, THAT ANY
PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A CRIME DEFINED IN THIS
ARTICLE OR SECTION 240.37 OF THIS PART SHALL BE GUILTY OF A CLASS B
MISDEMEANOR.
S 26. Sections 230.05 and 230.06 of the penal law, as added by chap-
ter 627 of the laws of 1978, are amended to read as follows:
S 230.05 Patronizing a prostitute in the second degree.
A person is guilty of patronizing a prostitute in the second degree
when, being [over eighteen] TWENTY-ONE years of age OR MORE, he OR SHE
patronizes a prostitute and the person patronized is less than [four-
teen] SEVENTEEN years of age.
Patronizing a prostitute in the second degree is a class E felony.
S 230.06 Patronizing a prostitute in the first degree.
A person is guilty of patronizing a prostitute in the first degree
when, BEING EIGHTEEN YEARS OF AGE OR MORE, he OR SHE patronizes a pros-
titute and the person patronized is less than [eleven] FIFTEEN years of
age.
Patronizing a prostitute in the first degree is a class D felony.
S 27. The penal law is amended by adding a new section 230.06-a to
read as follows:
S 230.06-A SEXUAL EXPLOITATION OF A CHILD.
A PERSON IS GUILTY OF SEXUAL EXPLOITATION OF A CHILD WHEN:
1. BEING EIGHTEEN YEARS OF AGE OR MORE HE OR SHE PATRONIZES A PROSTI-
TUTE AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OF AGE; OR
2. HE OR SHE PATRONIZES A PROSTITUTE AND THE PERSON PATRONIZED IS LESS
THAN ELEVEN YEARS OF AGE.
SEXUAL EXPLOITATION OF A CHILD IS A CLASS B FELONY.
S 28. Section 230.07 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:
S 230.07 Patronizing a prostitute; defense.
In any prosecution for patronizing a prostitute in the first or second
degrees OR SEXUAL EXPLOITATION OF A CHILD, it is [a] AN AFFIRMATIVE
defense that the defendant did not have reasonable grounds to believe
that the person was less than the age specified.
S 29. The opening paragraph of section 230.10 of the penal law is
amended to read as follows:
In any prosecution for SEXUAL EXPLOITATION OF A CHILD, prostitution or
patronizing a prostitute, the sex of the two parties or prospective
parties to the sexual conduct engaged in, contemplated or solicited is
immaterial, and it is no defense that:
S 30. The penal law is amended by adding a new section 230.11 to read
as follows:
S 230.11 PROSTITUTION; DEFENSE.
IN ANY PROSECUTION FOR UNLAWFUL PROSTITUTION OR CRIMINAL PROSTITUTION,
IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT IS A VICTIM OF SEX TRAF-
FICKING.
S 31. Subdivision 2 of section 230.30 of the penal law, as amended by
chapter 627 of the laws of 1978, is amended to read as follows:
2. Advances or profits from prostitution of a person less than
[sixteen] SEVENTEEN years old.
S 32. Section 230.33 of the penal law, as added by chapter 450 of the
laws of 2005, is amended to read as follows:
S. 5226--A 11
S 230.33 Compelling prostitution.
A person is guilty of compelling prostitution when, being twenty-one
years of age or older, he or she knowingly advances prostitution by
compelling a person less than [sixteen] SEVENTEEN years old, by force or
intimidation, to engage in prostitution.
Compelling prostitution is a class B felony.
S 33. Section 230.40 of the penal law is amended and a new section
230.45 is added to read as follows:
S 230.40 Permitting prostitution IN THE SECOND DEGREE.
A person is guilty of permitting prostitution IN THE SECOND DEGREE
when, having possession or control of premises which he OR SHE knows are
being used for prostitution purposes, he OR SHE fails to make reasonable
effort to halt or abate such use.
Permitting prostitution IN THE SECOND DEGREE is a class [B] A misde-
meanor.
S 230.45 PERMITTING PROSTITUTION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF PERMITTING PROSTITUTION IN THE FIRST DEGREE WHEN
HAVING POSSESSION OR CONTROL OF PREMISES WHICH HE OR SHE KNOWS ARE BEING
USED FOR PROSTITUTION PURPOSES INCLUDING THE PROSTITUTION OF A CHILD
LESS THAN SEVENTEEN YEARS OF AGE, HE OR SHE FAILS TO MAKE REASONABLE
EFFORT TO HALT OR ABATE SUCH USE.
PERMITTING PROSTITUTION IN THE FIRST DEGREE IS A CLASS E FELONY.
S 34. The section heading and subdivision 1 of section 235.15 of the
penal law, as amended by chapter 600 of the laws of 1996, are amended to
read as follows:
Obscenity [or disseminating indecent material to minors in the second
degree]; defense.
1. In any prosecution for obscenity[, or disseminating indecent mate-
rial to minors in the second degree in violation of subdivision three of
section 235.21 of this article,] it is an affirmative defense that the
persons to whom allegedly obscene or indecent material was dissem-
inated, or the audience to an allegedly obscene performance, consisted
of persons or institutions having scientific, educational, governmental
or other similar justification for possessing, disseminating or viewing
the same.
S 35. Subdivision 2 of section 240.37 of the penal law, as added by
chapter 344 of the laws of 1976, is amended to read as follows:
2. Any person who remains or wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by in conversation, or
repeatedly stops or attempts to stop motor vehicles, or repeatedly
interferes with the free passage of other persons, for the purpose of
prostitution, or of patronizing a prostitute as those terms are defined
in article two hundred thirty of [the penal law] THIS CHAPTER, shall be
guilty of a violation and is guilty of a class B misdemeanor if such
person has previously been convicted of a violation of this section or
of [sections] SECTION 230.00, 230.01 or 230.05 of [the penal law] THIS
PART.
S 36. Subdivision 2 of section 250.65 of the penal law, as added by
chapter 69 of the laws of 2003, is amended to read as follows:
2. With respect to sections 250.55 and 250.60 of this article, the
provisions of subdivision two of section 235.15 and subdivisions one and
two of section [235.24] 263.05 of this chapter shall apply.
S 37. Article 263 of the penal law is REPEALED and a new article 263
is added to read as follows:
S. 5226--A 12
ARTICLE 263
CHILD SEXUAL ABUSE, EXPLOITATION
AND PORNOGRAPHY OFFENSES
SECTION 263.00 DEFINITIONS.
263.01 LURING A CHILD.
263.02 DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND
DEGREE.
263.03 DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST
DEGREE.
263.04 DISSEMINATING INDECENT MATERIAL TO MINORS; PRESUMPTION
AND DEFENSES.
263.05 DISSEMINATING INDECENT MATERIAL TO MINORS; LIMITATIONS.
263.06 USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE SECOND
DEGREE.
263.07 USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST
DEGREE.
263.08 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE
SECOND DEGREE.
263.09 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE
FIRST DEGREE.
263.10 POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN
THE THIRD DEGREE.
263.11 POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN
THE SECOND DEGREE.
263.12 POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN
THE FIRST DEGREE.
263.13 PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND
DEGREE.
263.14 PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
DEGREE.
263.15 POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE THIRD
DEGREE.
263.16 POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND
DEGREE.
263.17 POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
DEGREE.
263.18 COMPUTER SEX CRIMES AGAINST CHILDREN.
263.19 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
263.20 SEXUAL PERFORMANCE BY A CHILD; AFFIRMATIVE DEFENSES.
263.25 PROOF OF AGE OF CHILD.
S 263.00 DEFINITIONS.
AS USED IN THIS ARTICLE THE FOLLOWING DEFINITIONS SHALL APPLY:
1. "MINOR" MEANS ANY PERSON LESS THAN SEVENTEEN YEARS OLD.
2. "NUDITY" MEANS THE SHOWING OF THE HUMAN MALE OR FEMALE GENITALS,
PUBIC AREA OR BUTTOCKS WITH LESS THAN A FULL OPAQUE COVERING, OR THE
SHOWING OF THE FEMALE BREAST WITH LESS THAN A FULLY OPAQUE COVERING OF
ANY PORTION THEREOF BELOW THE TOP OF THE NIPPLE, OR THE DEPICTION OF
COVERED MALE GENITALS IN A DISCERNIBLY TURGID STATE.
3. "SEXUAL CONDUCT" MEANS ACTUAL OR SIMULATED SEXUAL INTERCOURSE, ORAL
SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, SEXUAL BESTIALITY, MASTURBATION,
SADOMASOCHISTIC ABUSE, OR LEWD EXHIBITION OF THE GENITALS.
4. "SEXUAL EXCITEMENT" MEANS THE CONDITION OF HUMAN MALE OR FEMALE
GENITALS WHEN IN A STATE OF SEXUAL STIMULATION OR AROUSAL.
5. "SEXUAL PERFORMANCE" MEANS ANY PERFORMANCE OR PART THEREOF WHICH
INCLUDES SEXUAL CONDUCT OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT,
BY A CHILD LESS THAN SEVENTEEN YEARS OF AGE.
S. 5226--A 13
6. "OBSCENE SEXUAL PERFORMANCE" MEANS ANY PERFORMANCE WHICH INCLUDES
SEXUAL CONDUCT OR WHAT REASONABLY APPEARS TO BE 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 PART.
7. "SEXUAL INTERCOURSE", "SEXUAL CONTACT", "ORAL SEXUAL CONDUCT" AND
"ANAL SEXUAL CONDUCT" MEAN THE CONDUCT DEFINED BY SECTION 130.00 OF THIS
PART.
8. "SADOMASOCHISTIC ABUSE" MEANS FLAGELLATION OR TORTURE BY OR UPON A
PERSON CLAD IN UNDERGARMENTS, A MASK OR BIZARRE COSTUME, OR THE CONDI-
TION OF BEING FETTERED, BOUND OR OTHERWISE PHYSICALLY RESTRAINED ON THE
PART OF ONE SO CLOTHED.
9. "PERFORMANCE" MEANS ANY PLAY, MOTION PICTURE, PHOTOGRAPH OR DANCE,
FILM, VIDEO, DIGITAL IMAGE OR DATA STORED ON A COMPUTER DISK OR BY ELEC-
TRONIC MEANS WHERE SUCH DATA IS CAPABLE OF CONVERSION INTO A VISUAL
IMAGE. PERFORMANCE ALSO MEANS ANY OTHER VISUAL REPRESENTATION EXHIBITED
BEFORE AN AUDIENCE.
10. "PROMOTE" MEANS TO PROCURE, MANUFACTURE, ISSUE, SELL, GIVE,
PROVIDE, LEND, MAIL, DELIVER, TRANSFER, TRANSMUTE, PUBLISH, DISTRIBUTE,
CIRCULATE, DISSEMINATE, PRESENT, EXHIBIT OR ADVERTISE, OR TO OFFER OR
AGREE TO DO THE SAME.
11. "SIMULATED" MEANS THE EXPLICIT DEPICTION OF ANY OF THE CONDUCT SET
FORTH IN SUBDIVISION THREE OF THIS SECTION WHICH CREATES THE APPEARANCE
OF SUCH CONDUCT.
12. "HARMFUL TO MINORS" MEANS THAT QUALITY OF ANY DESCRIPTION OR
REPRESENTATION, IN WHATEVER FORM, OF NUDITY, SEXUAL CONDUCT, SEXUAL
EXCITEMENT, OR SADOMASOCHISTIC ABUSE, WHEN IT: (A) CONSIDERED AS A
WHOLE, APPEALS TO THE PRURIENT INTEREST IN SEX OF MINORS; AND (B) IS
PATENTLY OFFENSIVE TO PREVAILING STANDARDS IN THE ADULT COMMUNITY AS A
WHOLE WITH RESPECT TO WHAT IS SUITABLE MATERIAL FOR MINORS; AND (C)
CONSIDERED AS A WHOLE, LACKS SERIOUS LITERARY, ARTISTIC, POLITICAL AND
SCIENTIFIC VALUE FOR MINORS.
13. "ACCESS SOFTWARE" MEANS SOFTWARE (INCLUDING CLIENT OR SERVER SOFT-
WARE) OR ENABLING TOOLS THAT DO NOT CREATE OR PROVIDE THE CONTENT OF THE
COMMUNICATION BUT THAT ALLOW A USER TO DO ANY ONE OR MORE OF THE FOLLOW-
ING: (A) FILTER, SCREEN, ALLOW OR DISALLOW CONTENT; (B) PICK, CHOOSE,
ANALYZE OR DIGEST CONTENT; OR (C) TRANSMIT, RECEIVE, DISPLAY, FORWARD,
CACHE, SEARCH, SUBSET, ORGANIZE, REORGANIZE OR TRANSLATE CONTENT.
14. "COMPUTER" SHALL HAVE THE SAME MEANING AS ASCRIBED TO SUCH TERM BY
SECTION 156.00 OF THIS PART.
15. "TELEPHONIC COMMUNICATION" AND "ELECTRONIC COMMUNICATION" SHALL
HAVE THE MEANING GIVEN TO THOSE TERMS BY SUBDIVISIONS THREE AND FIVE
RESPECTIVELY, OF SECTION 250.00 OF THIS PART.
S 263.01 LURING A CHILD.
1. A PERSON IS GUILTY OF LURING A CHILD WHEN HE OR SHE LURES A CHILD
INTO A MOTOR VEHICLE, AIRCRAFT, WATERCRAFT, ISOLATED AREA, BUILDING, OR
PART THEREOF, FOR THE PURPOSE OF COMMITTING AGAINST SUCH CHILD ANY OF
THE FOLLOWING OFFENSES: AN OFFENSE AS DEFINED IN SECTION 70.02 OF THIS
CHAPTER; AN OFFENSE AS DEFINED IN SECTION 125.25 OR 125.27 OF THIS PART;
A FELONY OFFENSE THAT IS A VIOLATION OF ARTICLE ONE HUNDRED THIRTY OF
THIS PART; AN OFFENSE AS DEFINED IN SECTION 135.25 OF THIS PART; AN
OFFENSE AS DEFINED IN SECTIONS 230.30, 230.33 OR 230.34 OF THIS PART; AN
OFFENSE AS DEFINED IN SECTIONS 255.25, 255.26, OR 255.27 OF THIS PART;
OR AN OFFENSE AS DEFINED IN THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVI-
SION "CHILD" MEANS A PERSON LESS THAN SEVENTEEN YEARS OF AGE. NOTHING IN
THIS SECTION SHALL BE DEEMED TO PRECLUDE, IF THE EVIDENCE WARRANTS, A
CONVICTION FOR THE COMMISSION OR ATTEMPTED COMMISSION OF ANY CRIME,
S. 5226--A 14
INCLUDING BUT NOT LIMITED TO A CRIME DEFINED IN ARTICLE ONE HUNDRED
THIRTY-FIVE OF THIS PART.
2. LURING A CHILD IS A CLASS E FELONY, PROVIDED, HOWEVER, THAT IF THE
UNDERLYING OFFENSE THE ACTOR INTENDED TO COMMIT AGAINST SUCH CHILD
CONSTITUTED A CLASS A OR A CLASS B FELONY, THEN THE OFFENSE OF LURING A
CHILD IN VIOLATION OF THIS SECTION SHALL BE DEEMED RESPECTIVELY, A CLASS
C FELONY OR CLASS D FELONY.
S 263.02 DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE.
A PERSON IS GUILTY OF DISSEMINATING INDECENT MATERIAL TO MINORS IN THE
SECOND DEGREE WHEN:
1. WITH KNOWLEDGE OF ITS CHARACTER AND CONTENT, HE OR SHE SELLS OR
LOANS TO A MINOR FOR MONETARY CONSIDERATION:
(A) ANY PICTURE, PHOTOGRAPH, DRAWING, SCULPTURE, MOTION PICTURE FILM,
OR SIMILAR VISUAL REPRESENTATION OR IMAGE OF A PERSON OR PORTION OF THE
HUMAN BODY WHICH DEPICTS NUDITY, SEXUAL CONDUCT OR SADOMASOCHISTIC ABUSE
AND WHICH IS HARMFUL TO MINORS; OR
(B) ANY BOOK, PAMPHLET, MAGAZINE, PRINTED MATTER HOWEVER REPRODUCED,
OR SOUND RECORDING WHICH CONTAINS ANY MATTER ENUMERATED IN PARAGRAPH (A)
OF THIS SUBDIVISION, OR EXPLICIT AND DETAILED VERBAL DESCRIPTIONS OR
NARRATIVE ACCOUNTS OF SEXUAL EXCITEMENT, SEXUAL CONDUCT OR SADOMASOCHIS-
TIC ABUSE AND WHICH, TAKEN AS A WHOLE, IS HARMFUL TO MINORS; OR
2. KNOWING THE CHARACTER AND CONTENT OF A MOTION PICTURE, SHOW OR
OTHER PRESENTATION WHICH, IN WHOLE OR IN PART, DEPICTS NUDITY, SEXUAL
CONDUCT OR SADOMASOCHISTIC ABUSE, AND WHICH IS HARMFUL TO MINORS, HE OR
SHE:
(A) EXHIBITS SUCH MOTION PICTURE, SHOW OR OTHER PRESENTATION TO A
MINOR FOR MONETARY CONSIDERATION; OR
(B) SELLS TO A MINOR AN ADMISSION TICKET OR PASS TO PREMISES WHEREON
THERE IS EXHIBITED OR TO BE EXHIBITED SUCH MOTION PICTURE, SHOW OR OTHER
PRESENTATION; OR
(C) ADMITS A MINOR FOR A MONETARY CONSIDERATION TO PREMISES WHEREON
THERE IS EXHIBITED OR TO BE EXHIBITED SUCH MOTION PICTURE SHOW OR OTHER
PRESENTATION; OR
3. KNOWING THE CHARACTER AND CONTENT OF THE COMMUNICATION WHICH, IN
WHOLE OR IN PART, DEPICTS OR DESCRIBES, EITHER IN WORDS OR IMAGES ACTUAL
OR SIMULATED NUDITY, SEXUAL CONDUCT OR SADOMASOCHISTIC ABUSE, AND WHICH
IS HARMFUL TO MINORS, HE OR SHE INTENTIONALLY USES ANY COMPUTER COMMUNI-
CATION SYSTEM ALLOWING THE INPUT, OUTPUT, EXAMINATION OR TRANSFER, OF
COMPUTER DATA OR COMPUTER PROGRAMS FROM ONE COMPUTER TO ANOTHER, TO
INITIATE OR ENGAGE IN SUCH COMMUNICATION WITH A PERSON WHO IS A MINOR.
DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE IS A
CLASS E FELONY.
S 263.03 DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE.
A PERSON IS GUILTY OF DISSEMINATING INDECENT MATERIAL TO MINORS IN THE
FIRST DEGREE WHEN:
1. KNOWING THE CHARACTER AND CONTENT OF THE COMMUNICATION WHICH, IN
WHOLE OR IN PART, DEPICTS OR DESCRIBES, EITHER IN WORDS OR IMAGES ACTUAL
OR SIMULATED NUDITY, SEXUAL CONDUCT OR SADOMASOCHISTIC ABUSE, AND WHICH
IS HARMFUL TO MINORS, HE OR SHE INTENTIONALLY USES ANY TELEPHONIC COMMU-
NICATION, ELECTRONIC COMMUNICATION OR COMPUTER COMMUNICATION SYSTEM
ALLOWING THE INPUT, OUTPUT, EXAMINATION OR TRANSFER, OF COMPUTER DATA OR
COMPUTER PROGRAMS FROM ONE COMPUTER TO ANOTHER, TO INITIATE OR ENGAGE IN
SUCH COMMUNICATION WITH A PERSON WHO IS A MINOR OR A PERSON WHO, REGARD-
LESS OF HIS OR HER AGE, IS A POLICE OFFICER AND THE ACTOR REASONABLY
BELIEVES SUCH OFFICER TO BE A MINOR; AND
S. 5226--A 15
2. BY MEANS OF SUCH COMMUNICATION HE OR SHE IMPORTUNES, INVITES OR
INDUCES A MINOR OR A PERSON WHO, REGARDLESS OF HIS OR HER AGE, IS A
POLICE OFFICER AND THE ACTOR REASONABLY BELIEVES SUCH OFFICER TO BE A
MINOR TO ENGAGE IN SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXU-
AL CONDUCT, OR SEXUAL CONTACT WITH HIM OR HER, OR TO ENGAGE IN A SEXUAL
PERFORMANCE, OBSCENE SEXUAL PERFORMANCE, OR SEXUAL CONDUCT FOR HIS OR
HER BENEFIT.
DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE IS A
CLASS C FELONY.
S 263.04 DISSEMINATING INDECENT MATERIAL TO MINORS; PRESUMPTION AND
DEFENSES.
1. A PERSON WHO ENGAGES IN THE CONDUCT PROSCRIBED BY SECTION 263.02 OF
THIS ARTICLE IS PRESUMED TO DO SO WITH KNOWLEDGE OF THE CHARACTER AND
CONTENT OF THE MATERIAL SOLD OR LOANED, OR THE MOTION PICTURE, SHOW OR
PRESENTATION EXHIBITED OR TO BE EXHIBITED.
2. IN ANY PROSECUTION FOR DISSEMINATING INDECENT MATERIAL TO MINORS IN
THE SECOND DEGREE PURSUANT TO SUBDIVISION ONE OR TWO OF SECTION 263.02
OF THIS ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT:
(A) THE DEFENDANT HAD REASONABLE CAUSE TO BELIEVE THAT THE MINOR
INVOLVED WAS SEVENTEEN YEARS OLD OR MORE; AND
(B) SUCH MINOR EXHIBITED TO THE DEFENDANT A DRAFT CARD, DRIVER'S
LICENSE, BIRTH CERTIFICATE OR OTHER OFFICIAL OR APPARENTLY OFFICIAL
DOCUMENT PURPORTING TO ESTABLISH THAT SUCH MINOR WAS SEVENTEEN YEARS OLD
OR MORE.
3. IN ANY PROSECUTION FOR DISSEMINATING INDECENT MATERIAL TO MINORS IN
THE SECOND DEGREE IN VIOLATION OF SUBDIVISION THREE OF SECTION 263.02 OF
THIS ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE PERSONS TO WHOM
ALLEGEDLY OBSCENE OR INDECENT MATERIAL WAS DISSEMINATED, OR THE AUDIENCE
TO AN ALLEGEDLY OBSCENE PERFORMANCE, CONSISTED OF PERSONS OR INSTI-
TUTIONS HAVING SCIENTIFIC, EDUCATIONAL, GOVERNMENTAL OR OTHER SIMILAR
JUSTIFICATION FOR POSSESSING, DISSEMINATING OR VIEWING THE SAME.
4. IN ANY PROSECUTION FOR DISSEMINATING INDECENT MATERIAL TO MINORS IN
THE SECOND DEGREE PURSUANT TO SUBDIVISION THREE OF SECTION 263.02 OF
THIS ARTICLE OR DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST
DEGREE PURSUANT TO SECTION 263.03 OF THIS ARTICLE, IT SHALL BE A DEFENSE
THAT:
(A) THE DEFENDANT MADE A REASONABLE EFFORT TO ASCERTAIN THE TRUE AGE
OF THE MINOR AND WAS UNABLE TO DO SO AS A RESULT OF ACTIONS TAKEN BY THE
MINOR; OR
(B) THE DEFENDANT HAS TAKEN, IN GOOD FAITH, REASONABLE, EFFECTIVE AND
APPROPRIATE ACTIONS UNDER THE CIRCUMSTANCES TO RESTRICT OR PREVENT
ACCESS BY MINORS TO MATERIALS SPECIFIED IN SUCH SUBDIVISION, WHICH MAY
INVOLVE ANY APPROPRIATE MEASURES TO RESTRICT MINORS FROM ACCESS TO SUCH
COMMUNICATIONS, INCLUDING ANY METHOD WHICH IS FEASIBLE UNDER AVAILABLE
TECHNOLOGY; OR
(C) THE DEFENDANT HAS RESTRICTED ACCESS TO SUCH MATERIALS BY REQUIRING
USE OF A VERIFIED CREDIT CARD, DEBIT ACCOUNT, ADULT ACCESS CODE OR ADULT
PERSONAL IDENTIFICATION NUMBER; OR
(D) THE DEFENDANT HAS IN GOOD FAITH ESTABLISHED A MECHANISM SUCH THAT
THE LABELLING, SEGREGATION OR OTHER MECHANISM ENABLES SUCH MATERIAL TO
BE AUTOMATICALLY BLOCKED OR SCREENED BY SOFTWARE OR OTHER CAPABILITIES
REASONABLY AVAILABLE TO RESPONSIBLE ADULTS WISHING TO EFFECT SUCH BLOCK-
ING OR SCREENING AND THE DEFENDANT HAS NOT OTHERWISE SOLICITED MINORS
NOT SUBJECT TO SUCH SCREENING OR BLOCKING CAPABILITIES TO ACCESS THAT
MATERIAL OR TO CIRCUMVENT ANY SUCH SCREENING OR BLOCKING.
S 263.05 DISSEMINATING INDECENT MATERIAL TO MINORS; LIMITATIONS.
S. 5226--A 16
IN ANY PROSECUTION FOR DISSEMINATING INDECENT MATERIAL TO MINORS IN
THE SECOND DEGREE PURSUANT TO SUBDIVISION THREE OF SECTION 263.02 OF
THIS ARTICLE OR DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST
DEGREE PURSUANT TO SECTION 263.03 OF THIS ARTICLE:
1. NO PERSON SHALL BE HELD TO HAVE VIOLATED SUCH PROVISIONS SOLELY FOR
PROVIDING ACCESS OR CONNECTION TO OR FROM A FACILITY, SYSTEM, OR NETWORK
NOT UNDER THAT PERSON'S CONTROL, INCLUDING TRANSMISSION, DOWNLOADING,
INTERMEDIATE STORAGE, ACCESS SOFTWARE, OR OTHER RELATED CAPABILITIES
THAT ARE INCIDENTAL TO PROVIDING SUCH ACCESS OR CONNECTION THAT DO NOT
INCLUDE THE CREATION OF THE CONTENT OF THE COMMUNICATION.
(A) THE LIMITATIONS PROVIDED BY THIS SUBDIVISION SHALL NOT BE APPLICA-
BLE TO A PERSON WHO IS A CONSPIRATOR WITH AN ENTITY ACTIVELY INVOLVED IN
THE CREATION OR KNOWING DISTRIBUTION OF COMMUNICATIONS THAT VIOLATE SUCH
PROVISIONS, OR WHO KNOWINGLY ADVERTISES THE AVAILABILITY OF SUCH COMMU-
NICATIONS.
(B) THE LIMITATIONS PROVIDED BY THIS SUBDIVISION SHALL NOT BE APPLICA-
BLE TO A PERSON WHO PROVIDES ACCESS OR CONNECTION TO A FACILITY, SYSTEM,
OR NETWORK ENGAGED IN THE VIOLATION OF SUCH PROVISIONS THAT IS OWNED OR
CONTROLLED BY SUCH PERSON.
2. NO EMPLOYER SHALL BE HELD LIABLE UNDER SUCH PROVISIONS FOR THE
ACTIONS OF AN EMPLOYEE OR AGENT UNLESS THE EMPLOYEE'S OR AGENT'S CONDUCT
IS WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT OR AGENCY AND THE EMPLOYER
HAVING KNOWLEDGE OF SUCH CONDUCT, AUTHORIZES OR RATIFIES SUCH CONDUCT,
OR RECKLESSLY DISREGARDS SUCH CONDUCT.
S 263.06 USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE SECOND DEGREE.
A PERSON IS GUILTY OF THE USE OF A CHILD IN A SEXUAL PERFORMANCE IN
THE SECOND DEGREE IF KNOWING THE CHARACTER AND CONTENT THEREOF HE OR SHE
EMPLOYS, AUTHORIZES OR INDUCES A MINOR TO ENGAGE IN A SEXUAL PERFORMANCE
OR OBSCENE SEXUAL PERFORMANCE OR BEING A PARENT, LEGAL GUARDIAN OR
CUSTODIAN OF SUCH MINOR, HE OR SHE CONSENTS TO THE PARTICIPATION BY SUCH
MINOR IN A SEXUAL PERFORMANCE OR OBSCENE SEXUAL PERFORMANCE.
USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE SECOND DEGREE IS A CLASS
C FELONY.
S 263.07 USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE.
A PERSON IS GUILTY OF THE USE OF A CHILD IN A SEXUAL PERFORMANCE IN
THE FIRST DEGREE IF KNOWING THE CHARACTER AND CONTENT THEREOF HE OR SHE
EMPLOYS, AUTHORIZES OR INDUCES A CHILD LESS THAN ELEVEN YEARS OF AGE TO
ENGAGE IN A SEXUAL PERFORMANCE OR OBSCENE SEXUAL PERFORMANCE OR BEING A
PARENT, LEGAL GUARDIAN OR CUSTODIAN OF SUCH CHILD, HE OR SHE CONSENTS TO
THE PARTICIPATION BY SUCH CHILD IN A SEXUAL PERFORMANCE OR OBSCENE SEXU-
AL PERFORMANCE.
USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE IS A CLASS
B FELONY.
S 263.08 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-
EOF, HE OR SHE PRODUCES, DIRECTS OR PROMOTES ANY OBSCENE PERFORMANCE
WHICH INCLUDES SEXUAL CONDUCT, OR WHAT REASONABLY APPEARS TO BE SEXUAL
CONDUCT, BY A MINOR.
PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND
DEGREE IS A CLASS D FELONY.
S 263.09 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
DEGREE.
S. 5226--A 17
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, DIRECTS OR PROMOTES:
1. TEN OR MORE OBSCENE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT, OR
WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT, BY A MINOR; OR
2. ANY OBSCENE PERFORMANCE WHICH INCLUDES SEXUAL CONDUCT, OR WHAT
REASONABLY APPEARS TO BE SEXUAL CONDUCT, BY A MINOR AND HE OR SHE
PROMOTES SUCH PERFORMANCE TO A MINOR, OR A PERSON WHO, REGARDLESS OF HIS
OR HER AGE, IS A POLICE OFFICER AND THE ACTOR REASONABLY BELIEVES SUCH
OFFICER TO BE A MINOR.
PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE
IS A CLASS C FELONY.
S 263.10 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 OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL ANY
OBSCENE PERFORMANCE WHICH INCLUDES SEXUAL CONDUCT OR WHAT REASONABLY
APPEARS TO BE SEXUAL CONDUCT BY A MINOR.
POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE THIRD
DEGREE IS A CLASS E FELONY.
S 263.11 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 OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL TEN OR
MORE OBSCENE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT OR WHAT REASON-
ABLY APPEARS TO BE SEXUAL CONDUCT BY A MINOR.
POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND
DEGREE IS A CLASS D FELONY.
S 263.12 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 OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL ONE
HUNDRED OR MORE OBSCENE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT OR
WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT BY A MINOR.
POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
DEGREE IS A CLASS C FELONY.
S 263.13 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 OR SHE
PRODUCES, DIRECTS OR PROMOTES ANY PERFORMANCE WHICH INCLUDES SEXUAL
CONDUCT BY A MINOR.
PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE IS A
CLASS D 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 OR SHE
PRODUCES, DIRECTS OR PROMOTES:
1. TEN OR MORE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT, OR WHAT
REASONABLY APPEARS TO BE SEXUAL CONDUCT, BY A MINOR; OR
2. ANY PERFORMANCE WHICH INCLUDES SEXUAL CONDUCT, OR WHAT REASONABLY
APPEARS TO BE SEXUAL CONDUCT, BY A MINOR AND HE OR SHE PROMOTES SUCH
PERFORMANCE TO A MINOR, OR A PERSON WHO, REGARDLESS OF HIS OR HER AGE,
S. 5226--A 18
IS A POLICE OFFICER AND THE ACTOR REASONABLY BELIEVES SUCH OFFICER TO BE
A MINOR.
PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE IS A
CLASS C FELONY.
S 263.15 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 OR
SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL ANY PERFORMANCE
WHICH INCLUDES SEXUAL CONDUCT, OR WHAT REASONABLY APPEARS TO BE SEXUAL
CONDUCT, BY A MINOR.
POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE THIRD DEGREE IS A
CLASS E FELONY.
S 263.16 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 OR
SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL TEN OR MORE
PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT OR WHAT REASONABLY APPEARS TO
BE SEXUAL CONDUCT BY A MINOR.
POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE IS A
CLASS D FELONY.
S 263.17 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 OR
SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL ONE HUNDRED OR
MORE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT OR WHAT REASONABLY
APPEARS TO BE SEXUAL CONDUCT BY A MINOR.
POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE IS A
CLASS C FELONY.
S 263.18 COMPUTER SEX CRIMES AGAINST CHILDREN.
1. A PERSON COMMITS A COMPUTER SEX CRIME WHEN HE OR SHE COMMITS A SEX
CRIME AGAINST A CHILD AND FACILITATED THE COMMISSION OF SUCH OFFENSE BY
USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE TO COMMUNI-
CATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED.
2. A "SEX CRIME AGAINST A CHILD" MEANS A FELONY OFFENSE (A) THE ESSEN-
TIAL ELEMENTS OF WHICH INCLUDE THE COMMISSION OR ATTEMPTED COMMISSION OF
SEXUAL CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THIS
PART, OR THE USE OR PROMOTION OF A SEXUAL OR OBSCENE SEXUAL PERFORMANCE,
AS DEFINED IN SECTION 263.00 OF THIS ARTICLE, (B) COMMITTED OR ATTEMPTED
TO BE COMMITTED AGAINST A CHILD LESS THAN SEVENTEEN YEARS OLD.
S 263.19 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
1. WHEN A PERSON IS CONVICTED OF A COMPUTER SEX CRIME PURSUANT TO
SECTION 263.18 OF THIS ARTICLE, AND THE UNDERLYING CRIME AGAINST A CHILD
IS A VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS CHAP-
TER, THE COMPUTER SEX CRIME SHALL BE DEEMED A VIOLENT FELONY OFFENSE.
2. WHEN A PERSON IS CONVICTED OF A COMPUTER SEX CRIME PURSUANT TO
SECTION 263.18 OF THIS ARTICLE, AND THE UNDERLYING SEX CRIME AGAINST A
CHILD IS A CLASS C, D OR E FELONY, THE COMPUTER SEX CRIME SHALL BE
DEEMED TO BE ONE CATEGORY HIGHER THAN THE SEX CRIME AGAINST A CHILD THE
DEFENDANT COMMITTED, OR ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL
APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
COMMIT A SEX CRIME AGAINST A CHILD, WHICHEVER IS APPLICABLE.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
CONVICTED OF A COMPUTER SEX CRIME PURSUANT TO SECTION 263.18 OF THIS
ARTICLE AND THE UNDERLYING SEX CRIME AGAINST A CHILD IS A CLASS B FELO-
NY:
S. 5226--A 19
(A) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
(B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
AND
(C) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.05 OF
THIS CHAPTER.
S 263.20 SEXUAL PERFORMANCE BY A CHILD; AFFIRMATIVE DEFENSES.
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 NOT A MINOR.
2. IN ANY PROSECUTION FOR ANY OFFENSE PURSUANT TO THIS ARTICLE, IT IS
AN AFFIRMATIVE DEFENSE THAT THE PERSON SO CHARGED WAS A LIBRARIAN
ENGAGED IN THE NORMAL COURSE OF HIS OR HER EMPLOYMENT, A MOTION PICTURE
PROJECTIONIST, STAGE EMPLOYEE OR SPOTLIGHT OPERATOR, CASHIER, DOORMAN,
USHER, CANDY STAND ATTENDANT, PORTER OR IN ANY OTHER NON-MANAGERIAL OR
NON-SUPERVISORY CAPACITY IN A MOTION PICTURE THEATRE; PROVIDED HE OR SHE
HAS NO FINANCIAL INTEREST, OTHER THAN HIS OR HER EMPLOYMENT, WHICH
EMPLOYMENT DOES NOT ENCOMPASS COMPENSATION BASED UPON ANY PROPORTION OF
THE GROSS RECEIPTS, IN THE PROMOTION OF A SEXUAL PERFORMANCE FOR SALE,
RENTAL OR EXHIBITION OR IN THE PROMOTION, PRESENTATION OR DIRECTION OF
ANY SEXUAL PERFORMANCE, OR IS IN ANY WAY RESPONSIBLE FOR ACQUIRING SUCH
MATERIAL FOR SALE, RENTAL OR EXHIBITION.
S 263.25 PROOF OF AGE OF CHILD.
WHENEVER IT BECOMES NECESSARY FOR THE PURPOSES OF THIS ARTICLE TO
DETERMINE WHETHER A CHILD WHO PARTICIPATED IN A SEXUAL PERFORMANCE WAS A
MINOR, THE COURT OR JURY MAY MAKE SUCH DETERMINATION BY ANY OF THE
FOLLOWING: PERSONAL INSPECTION OF THE CHILD; INSPECTION OF THE SEXUAL
PERFORMANCE; ORAL TESTIMONY BY A WITNESS TO THE SEXUAL PERFORMANCE AS TO
THE AGE OF THE CHILD BASED UPON THE CHILD'S APPEARANCE; EXPERT MEDICAL
TESTIMONY BASED UPON THE APPEARANCE OF THE CHILD IN THE SEXUAL PERFORM-
ANCE; AND ANY OTHER METHOD AUTHORIZED BY ANY APPLICABLE PROVISION OF LAW
OR BY THE RULES OF EVIDENCE AT COMMON LAW.
S 38. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 405 of the laws of 2010, 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 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27 relating 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 relating to labor traf-
ficking; 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 coun-
terfeiting; 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,
S. 5226--A 20
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 relating to hindering prosecution;
sections 210.10, 210.15, and 215.51 relating 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[,] AND 235.07[,
235.21 and 235.22] relating to obscenity; sections [263.10] 263.01,
263.02, 263.03, 263.06, 263.07, 263.08, 263.09, 263.13 and [263.15]
263.14 relating to [promoting a sexual performance by a] child SEXUAL
ABUSE, EXPLOITATION AND PORNOGRAPHY; SECTION 263.18 RELATING TO SEX
CRIMES AGAINST CHILDREN; 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 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 laun-
dering; or
S 39. Subdivision 1 of section 50-b of the civil rights law, as
amended by chapter 320 of the laws of 2006, is amended to read as
follows:
1. The identity of any victim of a sex offense, as defined in article
one hundred thirty, ARTICLE TWO HUNDRED SIXTY-THREE or section 255.25,
255.26 or 255.27 of the penal law, or of an offense involving the
alleged transmission of the human immunodeficiency virus, shall be
confidential. No report, paper, picture, photograph, court file or other
documents, in the custody or possession of any public officer or employ-
ee, which identifies such a victim shall be made available for public
inspection. No such public officer or employee shall disclose any
portion of any police report, court file, or other document, which tends
to identify such a victim except as provided in subdivision two of this
section.
S 40. Subdivision 2 of section 61 of the civil rights law, as amended
by section 54 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
2. If the petitioner stands convicted of a violent felony offense as
defined in section 70.02 of the penal law or a felony defined in article
one hundred twenty-five of such law or any of the following provisions
of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
230.06-A, subdivision two of section 230.30 or 230.32, and is currently
confined as an inmate in any correctional facility or currently under
the supervision of the department of corrections and community super-
vision or a county probation department as a result of such conviction,
the petition shall for each such conviction specify such felony
conviction, the date of such conviction or convictions, and the court in
which such conviction or convictions were entered.
S 41. Subdivision 2 of section 62 of the civil rights law, as amended
by section 55 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
S. 5226--A 21
2. If the petition be to change the name of a person currently
confined as an inmate in any correctional facility or currently under
the supervision of the department of corrections and community super-
vision or a county probation department as a result of a conviction for
a violent felony offense as defined in section 70.02 of the penal law or
a felony defined in article one hundred twenty-five of such law or any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25, 230.05, 230.06, 230.06-A, subdivision two of section 230.30 or
230.32, notice of the time and place when and where the petition will be
presented shall be served, in like manner as a notice of a motion upon
an attorney in an action, upon the district attorney of every county in
which such person has been convicted of such felony and upon the court
or courts in which the sentence for such felony was entered. Unless a
shorter period of time is ordered by the court, said notice shall be
served upon each such district attorney and court or courts not less
than sixty days prior to the date on which such petition is noticed to
be heard.
S 42. The closing paragraph of section 64 of the civil rights law, as
separately amended by chapters 258, 320 and 481 of the laws of 2006, is
amended to read as follows:
Upon compliance with the order and the filing of the affidavit of the
publication, as provided in this section, the clerk of the court in
which the order has been entered shall certify that the order has been
complied with; and, if the petition states that the petitioner stands
convicted of a violent felony offense as defined in section 70.02 of the
penal law or a felony defined in article one hundred twenty-five of such
law or any of the following provisions of such law sections 130.25,
130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred
sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-A, subdivision two
of section 230.30 or 230.32, such clerk (1) shall deliver, by first
class mail, a copy of such certified order to the division of criminal
justice services at its office in the county of Albany and (2) upon the
clerk of the court reviewing the petitioner's application for name
change and subsequent in-court inquiry, may, in the clerk's discretion,
deliver, by first class mail, the petitioner's new name with such certi-
fied order to the court of competent jurisdiction which imposed the
orders of support. Such certification shall appear on the original
order and on any certified copy thereof and shall be entered in the
clerk's minutes of the proceeding.
S 43. 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
S. 5226--A 22
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;
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; SEXUAL
EXPLOITATION OF A CHILD, AS DEFINED IN SECTION 230.06-A; promoting pros-
titution 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] MATERIAL to
minors in the second degree, as defined in section [235.21] 263.02 of
the penal law; disseminating indecent [materials] MATERIAL to minors in
the first degree, as defined in section [235.22] 263.03 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 IN THE
SECOND DEGREE, as defined in section [263.05] 263.06 of the penal law;
USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE, AS DEFINED
IN SECTION 263.07 OF THE PENAL LAW; promoting an obscene sexual perform-
ance by a child IN THE SECOND DEGREE, as defined in section [263.10]
263.08 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; POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE THIRD
DEGREE, AS DEFINED IN SECTION 263.10 OF THE PENAL LAW; POSSESSING AN
OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE, AS DEFINED
IN SECTION 263.11 OF THE PENAL LAW; possessing an obscene sexual
performance by a child IN THE FIRST DEGREE, as defined in section
[263.11] 263.12 of the penal law; promoting a sexual performance by a
S. 5226--A 23
child[, as defined in section 263.15 of the penal law; possessing a
sexual performance by a child, as defined in section 263.16] IN THE
SECOND 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; POSSESSING A SEXUAL PERFORMANCE BY A
CHILD IN THE THIRD DEGREE, AS DEFINED IN SECTION 263.15 OF THE PENAL
LAW; POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE, AS
DEFINED IN SECTION 263.16 OF THE PENAL LAW; POSSESSING A SEXUAL PERFORM-
ANCE BY A CHILD IN THE FIRST DEGREE, AS DEFINED IN SECTION 263.17 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 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 44. Subdivision 2 of section 344.4 of the family court act, as added
by chapter 761 of the laws of 1987, is amended to read as follows:
2. proves or tends to prove that the victim has been convicted of an
offense under section 230.00 OR 230.01 of the penal law within three
years prior to the sex offense which is the subject of the juvenile
delinquency proceeding; or
S 45. Subdivisions (f) and (p) of section 10.03 of the mental hygiene
law, subdivision (f) as amended by chapter 405 of the laws of 2010 and
subdivision (p) as added by chapter 7 of the laws of 2007, are amended
to read as follows:
(f) "Designated felony" means any felony offense defined by any of the
following provisions of the penal law: assault in the second degree as
defined in section 120.05, assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in section
120.06, gang assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, strangulation
in the second degree as defined in section 121.12, strangulation in the
first degree as defined in section 121.13, manslaughter in the second
degree as defined in subdivision one of section 125.15, manslaughter in
the first degree as defined in section 125.20, murder in the second
degree as defined in section 125.25, aggravated murder as defined in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the second degree as
defined in section 140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery in the
third degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
disseminating indecent material to minors in the first degree as defined
in section [235.22] 263.03, use of a child in a sexual performance IN
THE SECOND DEGREE as defined in section [263.05] 263.06, USE OF A CHILD
IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE AS DEFINED IN SECTION
263.07, promoting an obscene sexual performance by a child IN THE SECOND
DEGREE as defined in section [263.10] 263.08, PROMOTING AN OBSCENE SEXU-
S. 5226--A 24
AL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
263.09, promoting a sexual performance by a child IN THE SECOND DEGREE
as defined in section [263.15] 263.13, PROMOTING A SEXUAL PERFORMANCE BY
A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.14, or any felony
attempt or conspiracy to commit any of the foregoing offenses.
(p) "Sex offense" means an act or acts constituting: (1) any felony
defined in article one hundred thirty of the penal law, including a
sexually motivated felony; (2) patronizing a prostitute in the first
degree as defined in section 230.06 of the penal law, incest in the
second degree as defined in section 255.26 of the penal law, SEXUAL
EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A OF THE PENAL LAW,
or incest in the first degree as defined in section 255.27 of the penal
law; (3) a felony attempt or conspiracy to commit any of the foregoing
offenses set forth in this subdivision; or (4) a designated felony, as
defined in subdivision (f) of this section, if sexually motivated and
committed prior to the effective date of this article.
S 46. Subdivision 2 of section 353 of the multiple dwelling law, as
amended by chapter 680 of the laws of 1967, is amended to read as
follows:
2. If there be two or more convictions in such dwelling within a peri-
od of six months, under sections 230.00, 230.01, 230.25, [or] 230.40 OR
230.45 of the penal law.
S 47. Subdivision 1 of section 2302 of the public health law, as
amended by chapter 680 of the laws of 1967, is amended to read as
follows:
1. Every person arrested charged with a violation of section 230.00
[or], 230.01, 230.40 OR 230.45 of the penal law, or arrested for failure
to comply with the order of a judge or justice issued pursuant to the
provisions of section two thousand three hundred one of this chapter, or
any person arrested for frequenting disorderly houses or houses of pros-
titution, shall be reported within twenty-four hours by the court or
magistrate before whom such person is arraigned to the health officer of
the health district in which the alleged offense occurred, and shall be
examined in accordance with the provisions of section two thousand three
hundred of this chapter.
S 48. Paragraph (b) of subdivision 3 of section 2324 of the public
health law, as amended by chapter 680 of the laws of 1967, is amended to
read as follows:
(b) An admission or finding of guilt of any person of a violation of
section 230.40 OR 230.45 of the penal law at such place shall be
presumptive evidence of the nuisance, and a plea of guilty or a
conviction in a criminal action of maintaining a nuisance at the place
described in the complaint shall be prima facie evidence of the
nuisance, and the records of any court in the jurisdiction shall be
admissible as evidence to prove the conviction or plea of guilty.
S 49. Section 2324-a of the public health law, as amended by chapter
260 of the laws of 1978, is amended to read as follows:
S 2324-a. Presumptive evidence. For the purposes of this title, two or
more convictions of any person or persons had, within a period of one
year, for any of the offenses described in section 230.00, 230.01,
230.05, 230.20, 230.25 or 230.30 of the penal law arising out of conduct
engaged in at the same real property consisting of a dwelling as that
term is defined in subdivision four of section four of the multiple
dwelling law shall be presumptive evidence of conduct constituting use
of the premises for purposes of prostitution.
S. 5226--A 25
S 50. Subdivisions 1 and 4 of section 126 of the alcoholic beverage
control law, as amended by section 50 of subpart B of part C of chapter
62 of the laws of 2011, are amended to read as follows:
1. Except as provided in subdivision one-a of this section, a person
who has been convicted of a felony or any of the misdemeanors mentioned
in section eleven hundred forty-six of the former penal law as in force
and effect immediately prior to September first, nineteen hundred
sixty-seven, or of an offense defined in section 230.20 [or], 230.40 OR
230.45 of the penal law, unless subsequent to such conviction such
person shall have received an executive pardon therefor removing this
disability, a certificate of good conduct granted by the department of
corrections and community supervision, or a certificate of relief from
disabilities granted by the department of corrections and community
supervision or a court of this state pursuant to the provisions of arti-
cle twenty-three of the correction law to remove the disability under
this section because of such conviction.
4. A copartnership or a corporation, unless each member of the part-
nership, or each of the principal officers and directors of the corpo-
ration, is a citizen of the United States or an alien lawfully admitted
for permanent residence in the United States, not less than twenty-one
years of age, and has not been convicted of any felony or any of the
misdemeanors, specified in section eleven hundred forty-six of the
former penal law as in force and effect immediately prior to September
first, nineteen hundred sixty-seven, or of an offense defined in section
230.20 [or], 230.40 OR 230.45 of the penal law, or if so convicted has
received, subsequent to such conviction, an executive pardon therefor
removing this disability a certificate of good conduct granted by the
department of corrections and community supervision, or a certificate of
relief from disabilities granted by the department of corrections and
community supervision, or a court of this state pursuant to the
provisions of article twenty-three of the correction law to remove the
disability under this section because of such conviction; provided
however that a corporation which otherwise conforms to the requirements
of this section and chapter may be licensed if each of its principal
officers and more than one-half of its directors are citizens of the
United States or aliens lawfully admitted for permanent residence in the
United States; and provided further that a corporation organized under
the not-for-profit corporation law or the education law which otherwise
conforms to the requirements of this section and chapter may be licensed
if each of its principal officers and more than one-half of its direc-
tors are not less than twenty-one years of age and none of its directors
are less than eighteen years of age; and provided further that a corpo-
ration organized under the not-for-profit corporation law or the educa-
tion law and located on the premises of a college as defined by section
two of the education law which otherwise conforms to the requirements of
this section and chapter may be licensed if each of its principal offi-
cers and each of its directors are not less than eighteen years of age.
S 51. Subdivision 2 of section 715 of the real property actions and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
2. For purposes of this section, two or more convictions of any person
or persons had, within a period of one year, for any of the offenses
described in section 230.00, 230.01, 230.05, 230.20, 230.25, 230.30
[or], 230.40 OR 230.45 of the penal law arising out of conduct engaged
in at the same real property consisting of a dwelling as that term is
defined in subdivision four of section four of the multiple dwelling law
S. 5226--A 26
shall be presumptive evidence of conduct constituting use of the prem-
ises for purposes of prostitution.
S 52. Subdivision 3 of section 231 of the real property law, as
amended by chapter 203 of the laws of 1980, is amended to read as
follows:
3. For the purposes of this section, two or more convictions of any
person or persons had, within a period of one year, for any of the
offenses described in section 230.00, 230.01, 230.05, 230.20, 230.25,
230.30, [or] 230.40 OR 230.45 of the penal law arising out of conduct
engaged in at the same premises consisting of a dwelling as that term is
defined in subdivision four of section four of the multiple dwelling law
shall be presumptive evidence of unlawful use of such premises and of
the owners knowledge of the same.
S 53. Subdivision 2 of section 35.07 of the arts and cultural affairs
law, as added by chapter 160 of the laws of 2007, is amended to read as
follows:
2. It shall be unlawful for any person to employ, use or exhibit any
person under eighteen years of age as a dancer or performer in any
portion of a facility open to the public wherein performers appear and
dance or otherwise perform unclothed, under circumstances in which such
employment would be harmful to such person in the manner defined in
subdivision [six] TWELVE of section [235.20] 263.00 of the penal law.
S 54. Subdivision 1 of section 390-c of the general business law, as
added by chapter 160 of the laws of 2007, is amended to read as follows:
1. No person under the age of eighteen years shall be admitted to any
portion of a facility open to the public wherein performers appear and
dance or otherwise perform unclothed, under circumstances where viewing
such dancing or performance would be harmful to such person, in the
manner described in subdivision [six] TWELVE of section [235.20] 263.00
of the penal law.
S 55. Paragraph s of subdivision 2 of section 133 of the labor law, as
added by chapter 160 of the laws of 2007, is amended to read as follows:
s. as a dancer or performer in any portion of a facility open to the
public wherein performers appear and dance or otherwise perform
unclothed, under circumstances in which such employment would be harmful
to such person in the manner defined in subdivision [six] TWELVE of
section [235.20] 263.00 of the penal law.
S 56. Subdivision 6 of section 6330 of the civil practice law and
rules, as amended by chapter 826 of the laws of 1972, is amended to read
as follows:
6. The court, in its adjudication, may (1) grant the relief sought (2)
deny the relief sought or (3) enjoin the sale, further sale, display,
distribution, further distribution, acquisition, publication, or
possession of the material, to persons under the age of seventeen, upon
a finding that the material is of the kind described in paragraph [a]
(A) or [b] (B) of subdivision one of section [235.21] 263.02 of the
penal law.
S 57. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of the
vehicle and traffic law, paragraph (b) as amended by chapter 400 of the
laws of 2011, are 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, 120.12, 120.70, 125.10,
125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18,
220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 263.06, 263.07,
S. 5226--A 27
263.08, 263.09, 263.13, 263.14, 265.04 OR ARTICLE TWO HUNDRED
SIXTY-THREE of the penal law or an attempt to commit any of the afore-
said 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 aforesaid sections of the penal law, or any offenses
committed outside this state which would constitute violations of the
aforesaid sections of the penal law.
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.01, 230.05, 230.06, 230.06-A, 230.20, 235.05, 235.06, 235.07,
[235.21,] 240.06, 245.00, 260.10, subdivision two of section 260.20 and
sections 260.25, 263.02, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12,
265.35 of the penal law or an attempt to commit any of the aforesaid
offenses under section 110.00 of the penal law, or any similar offenses
committed under a former section of the penal law, or any offenses
committed under a former section of the penal law which would constitute
violations of the aforesaid 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 58. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.