senate Bill S2620

2013-2014 Legislative Session

Establishes the offenses of promoting and possessing a sex offense against a child

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Archive: Last Bill Status - In Committee


  • 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 08, 2014 referred to codes
Jan 23, 2013 referred to codes

Co-Sponsors

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S2620 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 263.00, add §§263.35 & 263.40, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S746B
2009-2010: S3411

S2620 - Bill Texts

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Establishes the class B felony of promoting a sex offense against a child for producing, directing or promoting any visual or audio representation of the commission of a sex offense against a person under the age of 16 years; establishes the class C felony of possessing a sex offense against a child for knowingly possessing any such representation; designates both such felonies as violent felony offenses.

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BILL NUMBER:S2620

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the offenses of
promoting and possessing a sex offense against a child

PURPOSE:
This bill creates the new crimes of promoting and possessing a sex
offense with a child. Additionally, it directly addresses the
solicitation and/or participation in such acts via a computer network
(i.e. the internet, Instant message, e-mail, blog, etc.).

SUMMARY OF PROVISIONS:
State Penal Law is amended to establish the new crime of promoting a
sex offense against a child as a Class B violent felony and
possessing a sex offense against a child as a Class C violent felony.

JUSTIFICATION:
Without question, the proliferation of modern technology has enhanced
our lives in countless ways. Unfortunately, child predators are also
using modern technology to promote their sexual crimes against
children.
In cyberspace, child predators are not limited by the traditional
boundaries of time and geography. The Internet has provided these
predators with a worldwide forum where like-minded pedophiles have
formed online communities which openly discuss and provide mutual
support for their perverted philosophies and activities.

Computer Networks and the internet also supply child predators with
the tools they need to promote their criminal activities in the form
of anonymity, ease of accessibility and real time communication with
other persons of the pedophile community. Emboldened by this sense of
community and support, child predators have become more impudent and
explicit in their exploitation of children. This was seen recently in
Jamestown, NY, where a
55-year-old man performed sexual acts with a 9-year-old female and
broadcast it live over the Internet. While the predator was having
sex with the child, Internet viewers sent instant messages, offering
suggestions of abuse.

This legislation seeks to remove the cloak of security pedophiles have
found within the Internet. By creating these new crimes and directly
addressing the solicitation and/or participation in such heinous acts
by other Internet users (i.e. Instant message, e-mail, blog, etc.),
this bill accurately reflects the full scope of injury inflicted by
these Internet crimes against children.

LEGISLATIVE HISTORY:
2011,2012: S.746-B Passed Senate
2009,2010: S.3411 Referred to Codes
2007,2008: S.3245/A.8745 Passed Senate
2005,2006: S.5685-A 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
________________________________________________________________________

                                  2620

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced by Sens. YOUNG, AVELLA, BONACIC, DeFRANCISCO, GALLIVAN, GOLD-
  EN,  LANZA,  LARKIN,  MAZIARZ,  O'MARA,  RANZENHOFER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

AN  ACT to amend the penal law, in relation to establishing the offenses
  of promoting and possessing a sex offense against a child

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

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
the  penal  law,  paragraph (a) as amended by chapter 320 of the laws of
2006 and paragraph (b) as amended by chapter 1 of the laws of 2013,  are
amended to read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, PROMOTING A SEX OFFENSE AGAINST A CHILD  AS  DEFINED  IN
SECTION 263.35, incest in the first degree as defined in section 255.27,
criminal  possession  of  a  weapon  in  the  first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in  the  first  degree  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06426-02-3

S. 2620                             2

defined in section 265.13, aggravated assault upon a police officer or a
peace  officer  as  defined in section 120.11, gang assault in the first
degree as defined in section 120.07, intimidating a victim or witness in
the  first degree as defined in section 215.17, hindering prosecution of
terrorism in the first degree as defined  in  section  490.35,  criminal
possession  of  a  chemical  weapon  or  biological weapon in the second
degree as defined in section 490.40, and  criminal  use  of  a  chemical
weapon  or  biological  weapon in the third degree as defined in section
490.47.
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as  defined
in  section  121.13, burglary in the second degree as defined in section
140.25, robbery in the second  degree  as  defined  in  section  160.10,
POSSESSING  A  SEX OFFENSE AGAINST A CHILD AS DEFINED IN SECTION 263.40,
criminal possession of a weapon in  the  second  degree  as  defined  in
section  265.03,  criminal  use  of  a  firearm  in the second degree as
defined in section 265.08, criminal sale of  a  firearm  in  the  second
degree as defined in section 265.12, criminal sale of a firearm with the
aid  of  a  minor  as  defined  in  section  265.14, aggravated criminal
possession of a weapon as  defined  in  section  265.19,  soliciting  or
providing support for an act of terrorism in the first degree as defined
in  section  490.15,  hindering  prosecution  of terrorism in the second
degree as defined in section 490.30, and criminal possession of a chemi-
cal weapon or biological weapon  in  the  third  degree  as  defined  in
section 490.37.
  S 2. Section 263.00 of the penal law is amended by adding a new subdi-
vision 10 to read as follows:
  10.  "COMPUTER NETWORK" MEANS THE INTERCONNECTION OF HARDWARE OR WIRE-
LESS  COMMUNICATION LINES WITH A COMPUTER THROUGH REMOTE TERMINALS, OR A
COMPLEX CONSISTING OF TWO OR MORE INTERCONNECTED COMPUTERS.
  S 3. The penal law is amended by adding two new  sections  263.35  and
263.40 to read as follows:
S 263.35 PROMOTING A SEX OFFENSE AGAINST A CHILD.
  A  PERSON  IS  GUILTY OF PROMOTING A SEX OFFENSE AGAINST A CHILD WHEN,
KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE  PRODUCES,  DIRECTS
OR  PROMOTES ANY VISUAL OR AUDIO REPRESENTATION OF THE COMMISSION OF ANY
OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF  THIS  PART  AGAINST  A
CHILD LESS THAN SIXTEEN YEARS OF AGE, INCLUDING THE DISSEMINATION OF ANY
SUCH REPRESENTATION THROUGH A COMPUTER NETWORK.
  PROMOTING A SEX OFFENSE AGAINST A CHILD IS A CLASS B FELONY.
S 263.40 POSSESSING A SEX OFFENSE AGAINST A CHILD.
  A  PERSON  IS GUILTY OF POSSESSING A SEX OFFENSE AGAINST A CHILD WHEN,
KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE  KNOWINGLY  HAS  IN
HIS  OR  HER POSSESSION OR CONTROL ANY VISUAL OR AUDIO REPRESENTATION OF
THE COMMISSION OF ANY OFFENSE DEFINED IN ARTICLE ONE HUNDRED  THIRTY  OF
THIS PART AGAINST A CHILD LESS THAN SIXTEEN YEARS OF AGE.
  POSSESSING A SEX OFFENSE AGAINST A CHILD IS A CLASS C FELONY.
  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.

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