The New York State Senate

                    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.

S. 532                              3

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