NY State Assembly Bill 2011-A281

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- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2012	print number 281a
Jan 13, 2012	amend and recommit to codes
Jan 04, 2012	referred to codes
Jan 05, 2011	referred to codes

Bill Amendments

Original

A (Active)

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2011-A281 - Details

See Senate Version of this Bill:: S620
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally; amd §995, Exec L; amd §509-cc, V & T L
Versions Introduced in 2009-2010 Legislative Session:: A803, S6308

2011-A281 - Summary

Relates to offenses involving the sexual performance of a child; increases penalties for offenses involving promoting and possessing the sexual performance of a child.

2011-A281 - Bill Text download pdf

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

                                   281

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. PAULIN, HOYT, GUNTHER, SCHROEDER, SCHIMMINGER,
  GALEF, ROBINSON, N. RIVERA, ENGLEBRIGHT, BENEDETTO, MAGNARELLI,  PHEF-
  FER,  LATIMER,  SPANO,  GABRYSZAK  --  Multi-Sponsored  by -- M. of A.
  CLARK, COLTON, DESTITO, DINOWITZ, HOOPER, MARKEY, MAYERSOHN, MOLINARO,
  SWEENEY, WEISENBERG -- read once and  referred  to  the  Committee  on
  Codes

AN  ACT  to  amend  the penal law, the executive law and the vehicle and
  traffic law, in relation to offenses involving sexual performances  by
  a child

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

  Section 1. The penal law is amended by adding a new section 263.09  to
read as follows:
S 263.09 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
           DEGREE.
  A  PERSON  IS  GUILTY  OF PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THERE-
OF, HE  PRODUCES,  DIRECTS  OR  PROMOTES  TWENTY-FIVE  OR  MORE  OBSCENE
PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT BY A CHILD LESS THAN SEVENTEEN
YEARS OF AGE.
  PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE
IS A CLASS C FELONY.
  S  2.  Section 263.10 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
S 263.10 Promoting an obscene sexual  performance  by  a  child  IN  THE
           SECOND DEGREE.
  A  person  is  guilty  of promoting an obscene sexual performance by a
child IN THE SECOND DEGREE when, knowing the character and content ther-
eof, he produces, directs or  promotes  any  obscene  performance  which
includes sexual conduct by a child less than seventeen years of age.

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

                                                           LBD00833-01-1

A. 281                              2

  Promoting  an  obscene  sexual  performance  by  a child IN THE SECOND
DEGREE is a class D felony.
  S  3.  Section  263.11 of the penal law, as added by chapter 11 of the
laws of 1996, is amended to read as follows:
S 263.11 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 knowingly has in his possession or control any  obscene  perform-
ance which includes sexual conduct by a child less than sixteen years of
age.
  Possessing  an  obscene  sexual  performance  by  a child IN THE THIRD
DEGREE is a class E felony.
  S 4. The penal law is amended by adding  three  new  sections  263.12,
263.13 and 263.14 to read as follows:
S 263.12 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  KNOWINGLY HAS IN HIS POSSESSION OR CONTROL TWENTY-FIVE OR MORE
OBSCENE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT BY A CHILD  LESS  THAN
SIXTEEN YEARS OF AGE.
  POSSESSING  AN  OBSCENE  SEXUAL  PERFORMANCE  BY A CHILD IN THE SECOND
DEGREE IS A CLASS D FELONY.
S 263.13 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 KNOWINGLY HAS IN HIS POSSESSION OR CONTROL TWO HUNDRED  FIFTY  OR
MORE  OBSCENE  PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT BY A CHILD LESS
THAN SIXTEEN YEARS OF AGE.
  POSSESSING AN OBSCENE SEXUAL PERFORMANCE  BY  A  CHILD  IN  THE  FIRST
DEGREE IS A CLASS C 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 PRODUC-
ES,  DIRECTS OR PROMOTES TWENTY-FIVE OR MORE PERFORMANCES WHICH INCLUDES
SEXUAL CONDUCT BY A CHILD LESS THAN SEVENTEEN YEARS OF AGE.
  PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE  FIRST  DEGREE  IS  A
CLASS C FELONY.
  S  5.  Section 263.15 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
S 263.15 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
produces,  directs  or  promotes  any  performance which includes sexual
conduct by a child less than seventeen years of age.
  Promoting a sexual performance by a child IN THE SECOND  DEGREE  is  a
class D felony.
  S  6.  Section  263.16 of the penal law, as added by chapter 11 of the
laws of 1996, is amended and two new  sections  263.17  and  263.18  are
added to read as follows:
S 263.16 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

A. 281                              3

knowingly  has  in  his  possession  or  control  any  performance which
includes sexual conduct by a child less than sixteen years of age.
  Possessing  a  sexual  performance by a child IN THE THIRD DEGREE is a
class E felony.
S 263.17 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
KNOWINGLY  HAS IN HIS POSSESSION OR CONTROL TWENTY-FIVE OR MORE PERFORM-
ANCES WHICH INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN  SIXTEEN  YEARS
OF AGE.
  POSSESSING  A  SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE IS A
CLASS D FELONY.
S 263.18 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
KNOWINGLY HAS IN HIS POSSESSION OR CONTROL TWO  HUNDRED  FIFTY  OR  MORE
PERFORMANCES  WHICH INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN SIXTEEN
YEARS OF AGE.
  POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST  DEGREE  IS  A
CLASS C FELONY.
  S  7.  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 263.11  [or],  263.12,  263.13,
263.16,  263.17  OR 263.18 of this article, sixteen years of age or over
or, for purposes of section 263.05, 263.09, 263.10, 263.14 or 263.15  of
this article, seventeen years of age or over.
  S  8.  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
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,

A. 281                              4

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;  promoting
prostitution  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  to
minors  in  the second degree, as defined in section 235.21 of the penal
law; disseminating indecent materials to minors in the first degree,  as
defined in section 235.22 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, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON  in  the
second  degree, as defined in section 260.32 of the penal law; endanger-
ing the welfare of a vulnerable elderly person,  OR  AN  INCOMPETENT  OR
PHYSICALLY  DISABLED  PERSON  in the first degree, as defined in section
260.34 of the penal law; use of a child  in  a  sexual  performance,  as
defined  in section 263.05 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; promoting an obscene sexual performance by a child IN
THE SECOND DEGREE, as defined  in  section  263.10  of  the  penal  law;
possessing an obscene sexual performance by a child IN THE THIRD DEGREE,
as  defined  in  section  263.11 of the penal law; POSSESSING AN OBSCENE
SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION
263.12 OF THE PENAL LAW; POSSESSING AN OBSCENE SEXUAL PERFORMANCE  BY  A
CHILD IN THE FIRST 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; promoting a sexual performance by a
child IN THE SECOND DEGREE, as defined in section 263.15  of  the  penal
law;  possessing a sexual performance by a child IN THE THIRD DEGREE, as
defined in section 263.16 of the penal law; POSSESSING A SEXUAL PERFORM-
ANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 263.17 OF THE
PENAL LAW; POSSESSING A SEXUAL PERFORMANCE  BY  A  CHILD  IN  THE  FIRST
DEGREE  AS  DEFINED  IN  SECTION  263.18  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;

A. 281                              5

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  9.  Subdivisions  1  and  2  of section 263.00 of the penal law, as
amended by chapter 1 of the  laws  of  2000,  are  amended  to  read  as
follows:
  1.  "Sexual  performance" means any performance or part thereof which,
for purposes of [section] SECTIONS 263.16, 263.17  AND  263.18  of  this
article,  includes  sexual conduct by a child less than sixteen years of
age or, for purposes of section 263.05, 263.14 or 263.15 of  this  arti-
cle,  includes  sexual  conduct  by a child less than seventeen years of
age.
  2. "Obscene sexual  performance"  means  any  performance  which,  for
purposes  of  [section] SECTIONS 263.11, 263.12 AND 263.13 of this arti-
cle, includes sexual conduct by a child less than sixteen years  of  age
or,  for  purposes of [section] SECTIONS 263.09 AND 263.10 of this arti-
cle, includes 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 chapter.
  S 10. 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,
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, 235.07, 235.21 and
235.22 relating to obscenity; sections 263.09, 263.10 and 263.15  relat-
ing  to  promoting  a  sexual  performance  by a child; 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 danger-

A. 281                              6

ous 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 laundering; or
  S  11. Paragraph (b) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 360  of  the  laws  of  1986,  is
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, 125.10,  125.15,  130.40,
130.60,  130.65, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43,
260.00, 263.05, 263.09, 263.10, 263.14, 263.15, 265.04 of the penal  law
or  an  attempt  to  commit  any of the aforesaid 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 afore-
said  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 12. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.

co-Sponsors

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multi-Sponsors

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2011-A281A (ACTIVE) - Details

See Senate Version of this Bill:: S620
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally; amd §995, Exec L; amd §509-cc, V & T L
Versions Introduced in 2009-2010 Legislative Session:: A803, S6308

2011-A281A (ACTIVE) - Summary

Relates to offenses involving the sexual performance of a child; increases penalties for offenses involving promoting and possessing the sexual performance of a child.

2011-A281A (ACTIVE) - Bill Text download pdf

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

                                 281--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. PAULIN, GUNTHER, SCHIMMINGER, GALEF, ROBINSON,
  N. RIVERA, ENGLEBRIGHT, BENEDETTO, MAGNARELLI, LATIMER,  GABRYSZAK  --
  Multi-Sponsored  by -- M. of A. CLARK, COLTON, CURRAN, DINOWITZ, HOOP-
  ER, MARKEY, SWEENEY, WEISENBERG --  read  once  and  referred  to  the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the penal law, the executive law and the vehicle and
  traffic law, in relation to offenses involving sexual performances  by
  a child

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

  Section 1. The penal law is amended by adding a new section 263.09  to
read as follows:
S 263.09 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
           DEGREE.
  A  PERSON  IS  GUILTY  OF PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THERE-
OF, HE  PRODUCES,  DIRECTS  OR  PROMOTES  TWENTY-FIVE  OR  MORE  OBSCENE
PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT BY A CHILD LESS THAN SEVENTEEN
YEARS OF AGE.
  PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE
IS A CLASS C FELONY.
  S  2.  Section 263.10 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
S 263.10 Promoting an obscene sexual  performance  by  a  child  IN  THE
           SECOND DEGREE.
  A  person  is  guilty  of promoting an obscene sexual performance by a
child IN THE SECOND DEGREE when, knowing the character and content ther-

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

                                                           LBD00833-02-2

A. 281--A                           2

eof, he produces, directs or  promotes  any  obscene  performance  which
includes sexual conduct by a child less than seventeen years of age.
  Promoting  an  obscene  sexual  performance  by  a child IN THE SECOND
DEGREE is a class D felony.
  S 3. Section 263.11 of the penal law, as added by chapter  11  of  the
laws of 1996, is amended to read as follows:
S 263.11 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  knowingly has in his possession or control any obscene perform-
ance which includes sexual conduct by a child less than sixteen years of
age.
  Possessing an obscene sexual performance  by  a  child  IN  THE  THIRD
DEGREE is a class E felony.
  S  4.  The  penal  law is amended by adding three new sections 263.12,
263.13 and 263.14 to read as follows:
S 263.12 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 KNOWINGLY HAS IN HIS POSSESSION OR CONTROL TWENTY-FIVE  OR  MORE
OBSCENE  PERFORMANCES  WHICH INCLUDE SEXUAL CONDUCT BY A CHILD LESS THAN
SIXTEEN YEARS OF AGE.
  POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY  A  CHILD  IN  THE  SECOND
DEGREE IS A CLASS D FELONY.
S 263.13 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  KNOWINGLY HAS IN HIS POSSESSION OR CONTROL TWO HUNDRED FIFTY OR
MORE OBSCENE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT BY A  CHILD  LESS
THAN SIXTEEN YEARS OF AGE.
  POSSESSING  AN  OBSCENE  SEXUAL  PERFORMANCE  BY  A CHILD IN THE FIRST
DEGREE IS A CLASS C 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 PRODUC-
ES, DIRECTS OR PROMOTES TWENTY-FIVE OR MORE PERFORMANCES WHICH  INCLUDES
SEXUAL CONDUCT BY A CHILD LESS THAN SEVENTEEN YEARS OF AGE.
  PROMOTING  A  SEXUAL  PERFORMANCE  BY A CHILD IN THE FIRST DEGREE IS A
CLASS C FELONY.
  S 5. Section 263.15 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
S 263.15 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
produces, directs or promotes  any  performance  which  includes  sexual
conduct by a child less than seventeen years of age.
  Promoting  a  sexual  performance by a child IN THE SECOND DEGREE is a
class D felony.
  S 6. Section 263.16 of the penal law, as added by chapter  11  of  the
laws  of  1996,  is  amended  and two new sections 263.17 and 263.18 are
added to read as follows:
S 263.16 Possessing a sexual performance by a child IN THE THIRD DEGREE.

A. 281--A                           3

  A person is guilty of possessing a sexual performance by  a  child  IN
THE  THIRD  DEGREE  when,  knowing the character and content thereof, he
knowingly has  in  his  possession  or  control  any  performance  which
includes sexual conduct by a child less than sixteen years of age.
  Possessing  a  sexual  performance by a child IN THE THIRD DEGREE is a
class E felony.
S 263.17 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
KNOWINGLY  HAS IN HIS POSSESSION OR CONTROL TWENTY-FIVE OR MORE PERFORM-
ANCES WHICH INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN  SIXTEEN  YEARS
OF AGE.
  POSSESSING  A  SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE IS A
CLASS D FELONY.
S 263.18 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
KNOWINGLY HAS IN HIS POSSESSION OR CONTROL TWO  HUNDRED  FIFTY  OR  MORE
PERFORMANCES  WHICH INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN SIXTEEN
YEARS OF AGE.
  POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST  DEGREE  IS  A
CLASS C FELONY.
  S  7.  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 263.11  [or],  263.12,  263.13,
263.16,  263.17  OR 263.18 of this article, sixteen years of age or over
or, for purposes of section 263.05, 263.09, 263.10, 263.14 or 263.15  of
this article, seventeen years of age or over.
  S  8.  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
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

A. 281--A                           4

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;  promoting
prostitution  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  to
minors  in  the second degree, as defined in section 235.21 of the penal
law; disseminating indecent materials to minors in the first degree,  as
defined in section 235.22 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, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON  in  the
second  degree, as defined in section 260.32 of the penal law; endanger-
ing the welfare of a vulnerable elderly person,  OR  AN  INCOMPETENT  OR
PHYSICALLY  DISABLED  PERSON  in the first degree, as defined in section
260.34 of the penal law; use of a child  in  a  sexual  performance,  as
defined  in section 263.05 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; promoting an obscene sexual performance by a child IN
THE SECOND DEGREE, as defined  in  section  263.10  of  the  penal  law;
possessing an obscene sexual performance by a child IN THE THIRD DEGREE,
as  defined  in  section  263.11 of the penal law; POSSESSING AN OBSCENE
SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION
263.12 OF THE PENAL LAW; POSSESSING AN OBSCENE SEXUAL PERFORMANCE  BY  A
CHILD IN THE FIRST 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; promoting a sexual performance by a
child IN THE SECOND DEGREE, as defined in section 263.15  of  the  penal
law;  possessing a sexual performance by a child IN THE THIRD DEGREE, as
defined in section 263.16 of the penal law; POSSESSING A SEXUAL PERFORM-
ANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 263.17 OF THE
PENAL LAW; POSSESSING A SEXUAL PERFORMANCE  BY  A  CHILD  IN  THE  FIRST
DEGREE  AS  DEFINED  IN  SECTION  263.18  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

A. 281--A                           5

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  9.  Subdivisions  1  and  2  of section 263.00 of the penal law, as
amended by chapter 1 of the  laws  of  2000,  are  amended  to  read  as
follows:
  1.  "Sexual  performance" means any performance or part thereof which,
for purposes of [section] SECTIONS 263.16, 263.17  AND  263.18  of  this
article,  includes  sexual conduct by a child less than sixteen years of
age or, for purposes of section 263.05, 263.14 or 263.15 of  this  arti-
cle,  includes  sexual  conduct  by a child less than seventeen years of
age.
  2. "Obscene sexual  performance"  means  any  performance  which,  for
purposes  of  [section] SECTIONS 263.11, 263.12 AND 263.13 of this arti-
cle, includes sexual conduct by a child less than sixteen years  of  age
or,  for  purposes of [section] SECTIONS 263.09 AND 263.10 of this arti-
cle, includes 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 chapter.
  S 10. 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,
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, 235.07, 235.21 and
235.22 relating to obscenity; sections 263.09, 263.10 and 263.15  relat-
ing  to  promoting  a  sexual  performance  by a child; sections 265.02,
265.03, 265.04, 265.11, 265.12, 265.13 and  the  provisions  of  section

A. 281--A                           6

265.10  which constitute a felony relating to firearms and other danger-
ous 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 laundering; or
  S 11. Paragraph (b) 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:
  (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, 263.09, 263.14,
265.04 of the penal law or an attempt to commit  any  of  the  aforesaid
offenses  under section 110.00 of the penal law, or any offenses commit-
ted 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  12.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it  shall  have  become  a  law;  provided,
however,  that  the  amendments  to  paragraph  (b)  of subdivision 4 of
section 509-cc of the vehicle and traffic law made by section eleven  of
this  act  shall  take effect on the same date and in the same manner as
section 1 of chapter 400 of the laws of 2011, takes effect.

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Assembly Bill A281

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