Senate Bill S3212A

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

                                 3212--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by  Sens. YOUNG, AVELLA, BONACIC, DeFRANCISCO, FUNKE, GALLI-
  VAN, GOLDEN, LANZA, LARKIN, O'MARA, ORTT, RANZENHOFER, RITCHIE -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance 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, 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 368 of the laws of
2015 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, sex trafficking as defined in paragraphs (a) and (b) of
subdivision five of section  230.34,  incest  in  the  first  degree  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06007-02-6
              

S. 3212--A                          2

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 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.

S. 3212--A                          3

  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, provided that if chap-
ter  368  of  the laws of 2015 shall not have taken effect prior to such
effective date, then the amendments to paragraph (a) of subdivision 1 of
section 70.02, made by section one of this act, shall take effect on the
same date and in the same manner as chapter 368  of  the  laws  of  2015
takes effect.