BILL NUMBER:S4418

TITLE OF BILL:  An act to amend the penal law, in relation to
aggravated promotion or possession of an obscene sexual performance by
a child

PURPOSE:

This bill creates an aggravated child pornography charge (Felony D)
when the victim involved is under the age of 13, the content of the
pornography portrays sadistic or masochistic conduct, the still or
motion pictures images are in an amount greater than or equal to six
hundred images, and/or there is an intent to derive pecuniary gain.

SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding a new section 263.12.
Subsection 1 establishes the charge of aggravated promotion of obscene
sexual performance of a child when an individual knowingly produces,
directs or promotes sexual conduct by a child and involves either a
victim under the age of 13, the content of the pornography portrays
sadistic or masochistic conduct, the still or motion pictures images
are in an amount greater than or equal to six hundred images, or there
is an intent to derive pecuniary gain.

Subsection 2 defines a motion picture less than or equal to thirty
              

minutes in duration as containing 75 images, and for each 10 minutes
in duration, and additional 75 images.

Section 2 amends the penal law by adding a new section 263.13.

Subsection 1 establishes the charge of aggravated possession of an
obscene sexual performance by a child when an individual knowingly has
in their possession or accesses with intent to view any obscene
performance which includes sexual conduct by a child and involves
either a victim under the age of 13, the content of the pornography
portrays sadistic or masochistic conduct, the still or motion pictures
images are in an amount greater than or equal to six hundred images,
or there is an intent to derive pecuniary gain.

Subsection 2 defines a motion picture less than or equal to thirty
minutes in duration as containing 75 images, and for each 10 minutes
in duration, and additional 75 images.

Section 3 states that the act shall take effect on the first of
November next succeeding the date that it becomes law.

EXISTING LAW:

This bill creates a new aggravated child pornography charge of
aggravated promotion and/or possession as a Felony D.

LEGISLATIVE HISTORY:

New Bill.

JUSTIFICATION:


Data derived from a 2000 study by the Federal Bureau of Prisons
indicated that 76 percent of offenders convicted of Internet-related
child pornography reported having sexual contact with children in the
past and had an average of 30.5 child sexual victims each. According
to studies published by the National District Attorneys Association,
child sexual abusers frequently use pornographic images to "groom"
child victims prior to committing sexual abuse.

New York State has one of the weakest child pornography possession and
promotion charges and does not currently include increased penalties
for aggravating factors such as the number of images, the age of the
child or extreme content. This bill creates a D Felony aggravated
child pornography charge for persons found guilty of promoting or
possessing child pornography that involves a child under the age of
13, contains sadistic or masochistic content, or produces child
pornography with the intent to monetarily profit or receive something
in return for the distribution.

In addition, this legislation will align state law with federal law in
increasing the felony level when a motion picture exceeds six hundred
images. This bill also seeks to ensure that those found guilty of
aggravated child pornography charges will be identified and registered
as a sex offender under the New York State Sex Offender Registry to
further protect potential victims.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

The first of November next succeeding the date that it becomes law.