senate Bill S1417B

2011-2012 Legislative Session

Relates to offenses involving sexual performances by a child

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2012 referred to codes
delivered to assembly
passed senate
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.57
Jan 10, 2012 print number 1417b
amend and recommit to codes
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Feb 14, 2011 referred to codes
delivered to assembly
passed senate
Feb 08, 2011 advanced to third reading
Feb 07, 2011 2nd report cal.
amended 1417a
Feb 01, 2011 1st report cal.61
Jan 07, 2011 referred to codes

Votes

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Jan 18, 2012 - Codes committee Vote

S1417B
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Feb 1, 2011 - Codes committee Vote

S1417
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S1417 - Bill Details

See Assembly Version of this Bill:
A281A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd Pen L generally; amd §995, Exec L; amd §509-cc, V & T L

S1417 - Bill Texts

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

view sponsor memo
BILL NUMBER:S1417

TITLE OF BILL:
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

PURPOSE:
To permit prosecution of internet pedophiles in proportion to the
scale and danger of their criminal activity.

SUMMARY OF PROVISIONS:
Section one amends the Penal Law by adding a new section 263.09 to
create the crime of promoting an obscene sexual performance by a
child in the first degree as a class C felony when an individual
produces, directs or promotes twenty-five (25) or more obscene
performances involving a child less than seventeen years of age.

Section two amends section 263.10 of the Penal Law to create the crime
of promoting an obscene sexual performance by a child in the second
degree as a class D felony when an individual produces, directs or
promotes obscene performances involving a child less than seventeen
years of age.

Section three amends section 263.11 of the Penal Law creating the
crime of possessing an obscene sexual performance by a child in the
third degree as a class E felony when an individual knowingly
possesses or has in their control any obscene performance including
sexual conduct involving a child less than sixteen years of age.

Section four amends the Penal Law adding two new sections, 263.12 and
263.13 to create the crime of possessing an obscene sexual
performance by a child in the second degree when the individual
knowingly possesses or controls twenty-five (25) or more obscene
performances involving a child less than sixteen. This is a class D
felony.

Possessing an obscene sexual performance by a child in the first
degree is added to include knowingly possessing or controlling
two-hundred fifty (250) or more sexual performances involving a child
less than sixteen. This is a class C felony.

Section five amends Section 263.15 of the Penal Law creating a crime
of promoting a sexual performance by a child in the second degree
when knowing the character and content, an individual produces,
directs or promotes any performance which includes sexual conduct
by a child less than seventeen. This is a class D felony.

Section six amends the Penal Law to add section 263.14 to create the
crime of promoting a sexual performance by a child in the first
degree when knowingly produces, directs or promotes twenty-five (25)
or more performances including sexual conduct involving a child less
than seventeen. This is a class C felony.

Section seven adds sections 263.17 and 263.18 to the Penal Law.
Possessing a sexual performance by a child in the third degree is a


class E felony. Possessing a sexual performance by a child in the
second degree is a class D felony when an individual possesses
twenty-five (25) or more performances including sexual conduct of a
child less than sixteen. Possessing a sexual performance by a child
in the first degree is a class C felony when a person possesses
two hundred fifty (250) or more performances involving a child less
than sixteen.

Section eight amends section 263.20 of the Penal Law.

Section nine amends paragraph (d) of subdivision 7 of section 995
of the Executive Law.

Section ten amends subdivisions 1 and 2 of section 263.00 of the Penal
Law.

Section eleven amends paragraph (a) of subdivision 1 of section 460.10
of the Penal Law.

Section twelve amends paragraph (b) of subdivision 4 of section 509-cc
of the Vehicle and Traffic Law.

Section thirteen sets forth the effective date, on the one hundred
eightieth day after it shall have become law.

JUSTIFICATION:
This bill responds to the increasing misuse of the internet as a
medium for the sexual exploitation and abuse of children. A recent
study by the National Center for Missing and Exploited Children
reports that 1 in 4 children were subjected to unwanted exposure to
pictures of nude individuals or people having sex on the internet.
Child pornography is a particular threat, as it not only victimizes
the children used in the production or pictures, but creates a ripple
effect in the victimization of further children. Child abuse experts
have documented the common tendency of pedophiles to lower potential
victims' inhibitions by exposing them to images of other children
engaging in sexual activity.

No level of child pornography is harmless and the current statutory
scheme reflects that insight.
However, the unintended consequence of a "one size fits all" statutory
scheme lends itself to unwarranted leniency for child pornographers
overall. The high-volume dealer may escape criminal liability
proportionate to the crime, both through a low top felony count and
through the frequent conflation of multiple counts at sentencing.

A statutory amendment to provide for graded child pornography offenses
is urgently required to assist law enforcement in the face of
evolving technology. Over the past decade, explosive growth in disk
storage capacity has facilitated the development of massive
collections of child pornography, while evolving internet
communication technology has enabled collection owners to organize
sophisticated trade or profit-based mechanisms for distribution.

A graduated scheme of child pornography offenses is consistent with
other New York statutes governing the distribution and possession of
contraband. In the area of narcotics and possession of stolen


property, for example, the state statutes are graded to reflect the
insight that kingpins and mid-level operatives generally pose a
greater threat to society than street-level criminals.

A graduated scheme of state statutes governing child pornography would
also be in harmony with the effect of federal procedures in this
area. Federal sentencing procedure in the field of child pornography
approximates the effect of a graded statutory scheme via sentencing
enhancements applied, for example, to the possession of greater than
ten images of child pornography.

LEGISLATIVE HISTORY:
2007-2008: S.1086A - Passed Senate.
2005-2006: S.7352A - Passed Senate.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
One hundred and eightieth day after becoming law.

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

                                  1417

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed 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 OR SHE 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  OR  SHE  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05320-01-1

S. 1417                             2

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 OR SHE knowingly has in his OR  HER  possession  or  control  any
obscene  performance  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 two new sections 263.12 and
263.13 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 OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR  CONTROL  TWEN-
TY-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  OR  SHE  KNOWINGLY  HAS IN HIS OR HER 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 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 OR SHE
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.  The penal law is amended by adding a new section 263.14 to read
as follows:
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  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  7.  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  OR
SHE  knowingly  has  in his OR HER possession or control any performance
which includes sexual conduct by a child less than sixteen years of age.

S. 1417                             3

  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 OR
SHE  KNOWINGLY  HAS  IN  HIS OR HER POSSESSION OR CONTROL TWENTY-FIVE 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 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 OR
SHE KNOWINGLY HAS IN HIS OR HER 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  8.  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  9.  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,
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

S. 1417                             4

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 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, 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 PERFORMANCE 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; 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. 1417                             5

  S 10. 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 11. 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 236.09, 263.10, 263.14 and 263.15
relating 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-
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

S. 1417                             6

unauthorized recordings; and sections 470.05, 470.10, 470.15 and  470.20
relating to money laundering; or
  S  12. 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, 263.11, 263.12, 263.13, 263.14,  263.15,
263.16,  263.17, 263.18, 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 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 13. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.

Co-Sponsors

S1417A - Bill Details

See Assembly Version of this Bill:
A281A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd Pen L generally; amd §995, Exec L; amd §509-cc, V & T L

S1417A - Bill Texts

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

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BILL NUMBER:S1417A

TITLE OF BILL:
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

PURPOSE:
To permit prosecution of internet pedophiles in proportion to the
scale and danger of their criminal activity.

SUMMARY OF PROVISIONS:
Section one amends the Penal Law by adding a new section 263.09 to
create the crime of promoting an obscene sexual performance by a
child in the first degree as a class C felony when an individual
produces, directs or promotes twenty-five (25) or more obscene
performances involving a child less than seventeen years of age.

Section two amends section 263.10 of the Penal Law to create the
crime of promoting an obscene sexual performance by a child in the
second degree as a class D felony when an individual produces,
directs or promotes obscene performances involving a child less than
seventeen years of age.

Section three amends section 263.11 of the Penal Law creating the
crime of possessing an obscene sexual performance by a child in the
third degree as a class E felony when an individual knowingly
possesses or has in their control any obscene performance including
sexual conduct involving a child less than sixteen years of age.

Section four amends the Penal Law adding three new sections,
263.12, 263.13 and
263.14 to create the crime of possessing an obscene sexual
performance by a child in the second degree when the individual
knowingly possesses or controls twenty-five (25) or more obscene
performances involving a child less than sixteen. This is a class D
felony.

Possessing an obscene sexual performance by a child in the first
degree is added to include knowingly possessing or controlling
two-hundred fifty (250) or more sexual performances involving a child
less than sixteen. This is a class C felony.

Section five amends Section 263.15 of the Penal Law creating a crime
of promoting a sexual performance by a child in the second degree
when knowing the character and content, an individual produces,
directs or promotes any performance which includes sexual conduct by
a child less than seventeen. This is a class D felony.

Section six amends the Penal Law to add section 263.14 to create the
crime of promoting a sexual performance by a child in the first
degree when knowingly produces, directs or promotes twenty-five (25)
or more performances including sexual conduct involving a child less
than seventeen. This is a class C felony.


Section seven adds sections 263.17 and 263.18 to the Penal Law.
Possessing a sexual performance by a child in the third degree is a
class E felony. Possessing a sexual performance by a child in the
second degree is a class D felony when an individual possesses
twenty-five (25) or more performances including sexual conduct of a
child less than sixteen. Possessing a sexual performance by a child
in the first degree is a class C felony when a person possesses
two hundred fifty (250) or more performances involving a child less
than sixteen.

Section eight amends section 263.20 of the Penal Law.

Section nine amends paragraph (d) of subdivision 7 of section 995 of
the Executive Law.

Section ten amends subdivisions 1 and 2 of section 263.00 of the Penal
Law.

Section eleven amends paragraph (a) of subdivision 1 of section 460.10
of the Penal Law.

Section twelve amends paragraph (b) of subdivision 4 of section
509-cc of the Vehicle and Traffic Law.

Section thirteen sets forth the effective date, on the one hundred
eightieth day after it shall have become law.

JUSTIFICATION:
This bill responds to the increasing misuse of the internet as a
medium for the sexual exploitation and abuse of children. A recent
study by the National Center for Missing and Exploited Children
reports that 1 in 4 children were subjected to unwanted exposure to
pictures of nude individuals or people having sex on the internet.
Child pornography is a particular threat, as it not only victimizes
the children used in the production or pictures, but creates a ripple
effect in the victimization of further children. Child abuse experts
have documented the common tendency of pedophiles to lower potential
victims' inhibitions by exposing them to images of other children
engaging in sexual activity.

No level of child pornography is harmless and the current statutory
scheme reflects that insight.
However, the unintended consequence of a "one size fits all" statutory
scheme lends itself to unwarranted leniency for child pornographers
overall. The high-volume dealer may escape criminal liability
proportionate to the crime, both through a low top felony count and
through the frequent conflation of multiple counts at sentencing.

A statutory amendment to provide for graded child pornography offenses
is urgently required to assist law enforcement in the face of
evolving technology. Over the past decade, explosive growth in disk
storage capacity has facilitated the development of massive
collections of child pornography, while evolving internet
communication technology has enabled collection owners to organize
sophisticated trade or profit-based mechanisms for distribution.


A graduated scheme of child pornography offenses is consistent with
other New York statutes governing the distribution and possession of
contraband. In the area of narcotics and possession of stolen
property, for example, the state statutes are graded to reflect the
insight that kingpins and mid-level operatives generally pose a
greater threat to society than street-level criminals.

A graduated scheme of state statutes governing child pornography would
also be in harmony with the effect of federal procedures in this
area. Federal sentencing procedure in the field of child pornography
approximates the effect of a graded statutory scheme via sentencing
enhancements applied, for example, to the possession of greater than
ten images of child pornography.

LEGISLATIVE HISTORY:
2007-2008: S.1086A - Passed Senate.
2005-2006: S.7352A -- Passed Senate.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
One hundred and eightieth day after becoming law.

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

                                 1417--A
    Cal. No. 61

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said  committee,  ordered to first report, amended on first
  report, ordered to a second report and  ordered  reprinted,  retaining
  its place in the order of second report

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.
  Promoting  an  obscene  sexual  performance  by  a child IN THE SECOND
DEGREE is a class D felony.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05320-02-1

S. 1417--A                          2

  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
knowingly has  in  his  possession  or  control  any  performance  which
includes sexual conduct by a child less than sixteen years of age.

S. 1417--A                          3

  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,
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

S. 1417--A                          4

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;
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. 1417--A                          5

  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-
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

S. 1417--A                          6

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

S1417B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A281A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd Pen L generally; amd §995, Exec L; amd §509-cc, V & T L

S1417B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1417B

TITLE OF BILL:
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

PURPOSE:
To permit prosecution of internet pedophiles in proportion to thee
scale and danger of their criminal activity.

SUMMARY OF PROVISIONS:
Section one amends the Penal Law by adding a new section 263.09
to create the crime of promoting an obscene sexual performance
by a child in the first degree as a Class C felony when an
individual produces, directs or promotes twenty-five (25) or
more obscene performances involving a child less than seventeen
years of age.

Section two amends section 263.10 of the Penal Law to create the
crime of promoting an obscene sexual performance by a child in the
second degree as a class D felony when an individual produces,
directs or promotes obscene performances involving a child less than
seventeen years of age.

Section three amends section 263.11 of the Penal Law creating the
crime of possessing an obscene sexual performance by a child in the
third degree as a class E felony when an individual knowingly
possesses or has in their control any obscene performance including
sexual conduct involving a child less than sixteen years of age.

Section four amends the Penal Law adding three new sections,
263.12, 263.13 and 263.14 to create the crime of possessing an
obscene sexual
performance by a child in the second degree when the individual
knowingly possesses or controls twenty-five (25) or more obscene
performances involving a child less than sixteen. This is a class D
felony.

Possessing an obscene sexual performance by a child in the first
degree is added to include knowingly possessing or controlling
two-hundred fifty (250) or more sexual performances involving a child
less than sixteen. This is a class C felony.

Section five amends Section 263.15 of the Penal Law creating a crime
of promoting a sexual performance by a child in the second degree
when knowing the character and content, an individual produces,
directs or promotes any performance which includes sexual conduct by a
child less than seventeen. This is a class D felony.

Section six amends the Penal Law section 263.16,
also section six adds sections 263.17 and 263.18 to the Penal Law.
Possessing a sexual performance by a child in the third degree is a
class E felony. Possessing a sexual performance by a child in the
second degree is a class D felony when an individual possesses
twenty-five (25) or more performances including sexual conduct of a
child less than sixteen. Possessing a sexual performance by a child
in the first degree is a class C felony when a person possesses
two hundred fifty (250) or more performances involving a child less
than sixteen.

Section seven amends section 263.20 of the Penal Law.

Section eight amends paragraph (d) of subdivision 7 of section 995 of
the Executive Law.

Section nine amends subdivisions 1 and 2 of section 263.00 of the
Penal Law.

Section ten amends paragraph (a) of subdivision 1 of section 460.10 of
the Penal Law.

Section eleven amends paragraph (b) of subdivision 4 of section 509-cc
of the Vehicle and Traffic Law.

Section twelve sets forth the effective date, on the one hundred
eightieth day after it shall have become law.

JUSTIFICATION:
This bill responds to the increasing misuse of the internet as a
medium for the sexual exploitation and abuse of children. A recent
study by the National Center for Missing and Exploited Children
reports that 1 in 4 children were subjected to unwanted exposure to
pictures of nude individuals or people having sex on the internet.
Child pornography is a particular threat, as it not only victimizes
the children used in the production or pictures, but creates a ripple
effect in the victimization of further children. Child abuse experts
have documented the common tendency of pedophiles to lower potential
victims' inhibitions by exposing them to images of other children
engaging in sexual activity.

No level of child pornography is harmless and the current statutory
scheme reflects that insight.
However, the unintended consequence of a "one size fits all" statutory
scheme lends itself to unwarranted leniency for child pornographers
overall. The high-volume dealer may escape criminal liability
proportionate to the crime, both through a low top felony count and
through the frequent conflation of multiple counts at sentencing.

A statutory amendment to provide for graded child pornography offenses
is urgently required to assist law enforcement in the face of
evolving technology. Over the past decade, explosive growth in disk

storage capacity has facilitated the development of massive
collections of child pornography, while evolving internet
communication technology has enabled collection owners to organize
sophisticated trade or profit-based mechanisms for distribution.

A graduated scheme of child pornography offenses is consistent with
other New York statutes governing the distribution and possession of
contraband. In the area of narcotics and possession of stolen
property, for example, the state statutes are graded to reflect the
insight that kingpins and mid-level operatives generally pose a
greater threat to society than street-level criminals.

A graduated scheme of state statutes governing child pornography would
also be in harmony with the effect of federal procedures in this area.
Federal sentencing procedure in the field of child pornography
approximates the effect of a graded statutory scheme via sentencing
enhancements applied, for example, to the possession of greater than
ten images of child pornography.

LEGISLATIVE HISTORY:
2007-2008: S.1086A - Passed Senate.
2005-2006: S.7352A - Passed Senate.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

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

                                 1417--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  SALAND, AVELLA, KENNEDY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  reported favorably from  said  committee,  ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report -- recom-
  mitted to the Committee on Codes in accordance  with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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.
                                                           LBD05320-03-2

S. 1417--B                          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.

S. 1417--B                          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

S. 1417--B                          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

S. 1417--B                          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

S. 1417--B                          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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