S T A T E O F N E W Y O R K
________________________________________________________________________
S. 7407 A. 10161
S E N A T E - A S S E M B L Y
May 9, 2012
___________
IN SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. LENTOL -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to amending the crime of
possessing an obscene sexual performance by a child to include know-
ingly accessing such material with intent to view
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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.
A person is guilty of possessing an obscene sexual performance by a
child when, knowing the character and content thereof, he knowingly has
in his possession or control, OR KNOWINGLY ACCESSES WITH INTENT TO VIEW,
any obscene performance which includes sexual conduct by a child less
than sixteen years of age.
Possessing an obscene sexual performance by a child is a class E felo-
ny.
S 2. Section 263.16 of the penal law, as added by chapter 11 of the
laws of 1996, is amended to read as follows:
S 263.16 Possessing a sexual performance by a child.
A person is guilty of possessing a sexual performance by a child when,
knowing the character and content thereof, he knowingly has in his
possession or control, OR KNOWINGLY ACCESSES WITH INTENT TO VIEW, any
performance which includes sexual conduct by a child less than sixteen
years of age.
Possessing a sexual performance by a child is a class E felony.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15801-01-2