S T A T E O F N E W Y O R K
________________________________________________________________________
6657
2011-2012 Regular Sessions
I N A S S E M B L Y
March 24, 2011
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to promoting 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 closing paragraph of section 263.10 of the penal law,
as amended by chapter 1 of the laws of 2000, is amended to read as
follows:
Promoting an obscene sexual performance by a child is a class [D] B
felony.
S 2. The closing paragraph of section 263.15 of the penal law, as
amended by chapter 1 of the laws of 2000, is amended to read as follows:
Promoting a sexual performance by a child is a class [D] B felony.
S 3. Subdivision 5 of section 220.10 of the criminal procedure law is
amended by adding a new paragraph (i) to read as follows:
(I) WHERE THE INDICTMENT CHARGES THE CLASS B FELONY OFFENSE OF PROMOT-
ING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN SECTION
263.10 OF THE PENAL LAW OR PROMOTING A SEXUAL PERFORMANCE BY A CHILD AS
DEFINED IN SECTION 263.15 OF THE PENAL LAW, THEN A PLEA OF GUILTY MUST
INCLUDE AT LEAST A PLEA TO SUCH OFFENSE.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10274-02-1