senate Bill S4119

2011-2012 Legislative Session

Elevates promoting an obscene sexual performance by a child and promoting a sexual performance by a child to be class B felonies

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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
Jun 20, 2012 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1375
committee discharged and committed to rules
Jan 04, 2012 referred to codes
Mar 18, 2011 referred to codes

Votes

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Co-Sponsors

S4119 - Bill Details

See Assembly Version of this Bill:
A6657
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§263.10 & 263.15, Pen L; amd §220.10, CP L

S4119 - Bill Texts

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Elevates promoting an obscene sexual performance by a child and promoting a sexual performance by a child to be class B felonies; prohibits pleading to a lesser offense after indictment for either such offense.

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BILL NUMBER:S4119

TITLE OF BILL:
An act
to amend the penal law and the criminal procedure law, in relation to
promoting sexual performances by a child

PURPOSE:
Elevates promoting an obscene sexual performance by a child and
promoting a sexual performance by a child to be class B felonies.

SUMMARY OF PROVISIONS:
Section one amends the closing paragraph of section 263.10 of the
penal law and Section two amends the closing paragraph of section
263.15 of the penal law to increase the penalty of promoting an
obscene sexual performance by a child from a class D felony to a
class B felony. Section three requires that a plea of guilty allows
for no plea bargain for such offense.

JUSTIFICATION:
This bill makes it a class B felony for promoting an obscene sexual
performance by a child and promoting a sexual performance by a child.
Sex offenses against children are intolerable acts that society
should not put up with. This measure would also require those who
plead guilty cannot plea down to a lesser offense. This bill will
keep these classes of criminals out of our neighborhoods so they
cannot harm society's innocent children.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first 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
________________________________________________________________________

                                  4119

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 18, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed 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

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