Senate Bill S532

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    532
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens. YOUNG, AVELLA, BONACIC, DeFRANCISCO, FUNKE, GALLI-
   VAN, GOLDEN, LANZA, LARKIN, O'MARA, ORTT, RANZENHOFER, RITCHIE, SERINO
   -- 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 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
 defined in section 255.27, criminal possession of a weapon in the  first
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05954-01-7

 S. 532                              2
 
 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.
   § 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.
   §  3.  The  penal law is amended by adding two new sections 263.35 and
 263.40 to read as follows:
 § 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.
 § 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.

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   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.