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Assembly Bill A10251

2011-2012 Legislative Session

Creates the crime of viewing an obscene sexual performance by a child; and disqualifies any person convicted of the crime of viewing a sexual performance by a child from driving a school bus

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Archive: Last Bill Status - In Assembly Committee

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2011-A10251 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §263.07, amd §§263.00 & 263.20, Pen L; amd §509-cc, V & T L

2011-A10251 (ACTIVE) - Summary

Creates the crime of viewing an obscene sexual performance by a child; and disqualifies any person convicted of the crime of viewing a sexual performance by a child from driving a school bus.

2011-A10251 (ACTIVE) - Bill Text download pdf 

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

                                  10251

                          I N  A S S E M B L Y

                              May 16, 2012
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation  to  creating  the  crime  of
  viewing  an  obscene  sexual  performance by a child; and to amend the
  vehicle and traffic law,  in  relation  to  disqualifying  any  person
  convicted of the crime of viewing a sexual performance by a child from
  driving a school bus

  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 263.07  to
read as follows:
S 263.07 VIEWING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD.
  A PERSON IS GUILTY OF VIEWING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD
WHEN,  HE  OR SHE KNOWINGLY ACCESSES WITH INTENT TO VIEW ANY PERFORMANCE
WHICH INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN SIXTEEN YEARS OF AGE.
  VIEWING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IS A CLASS E FELONY.
  S 2. Subdivision 1 of section 263.00 of the penal law, as  amended  by
chapter 1 of the laws of 2000, is amended to read as follows:
  1.  "Sexual  performance" means any performance or part thereof which,
for purposes of section 263.07 OR 263.16 of this article, includes sexu-
al conduct by a child less than sixteen years of age or, for purposes of
section 263.05 or 263.15 of this article, includes sexual conduct  by  a
child less than seventeen years of age.
  S  3.  Subdivision 1 of section 263.20 of the penal law, as amended by
chapter 1 of the laws of 2000, is amended to read as follows:
  1. Under this article, it shall be an  affirmative  defense  that  the
defendant  in good faith reasonably believed the person appearing in the
performance was, for purposes of section 263.07,  263.11  or  263.16  of
this  article,  sixteen years of age or over or, for purposes of section
263.05, 263.10 or 263.15 of this article,  seventeen  years  of  age  or
over.
  S  4.  Paragraph (a) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
amended to read as follows:

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

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