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Senate Bill S6021B

2017-2018 Legislative Session

Establishes the crime of criminal possession of an image of a minor victim

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Bill Amendments

2017-S6021 - Details

See Assembly Version of this Bill:
A8445
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §263.35, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S3653, A4582
2021-2022: A4320
2023-2024: A2138

2017-S6021 - Summary

Prohibits possession of an image of a minor victim by child sex offenders and prohibits any other person from disseminating to such person any image of a child victim of such sex offense.

2017-S6021 - Sponsor Memo

2017-S6021 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6021
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen.  JACOBS -- 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  prohibiting  child  sex
   offenders from possessing a depiction of any minor during their incar-
   ceration

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 70.80 of the penal law is amended by adding  a  new
 subdivision 10 to read as follows:
   10.  EVERY  SENTENCE FOR A FELONY SEX OFFENSE, AS DEFINED IN PARAGRAPH
 (A) OF SUBDIVISION ONE OF THIS SECTION, IMPOSED PURSUANT TO ANY  SECTION
 OF  THIS  ARTICLE,  WHERE  THE VICTIM OF SUCH OFFENSE WAS A MINOR, SHALL
 INCLUDE AS A PART THEREOF A PROHIBITION AGAINST THE POSSESSION OF PHOTO-
 GRAPHS, VIDEOS OR ANY OTHER DEPICTIONS OF ANY MINOR DURING THE  TERM  OF
 SUCH INCARCERATION.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10706-06-7

2017-S6021A - Details

See Assembly Version of this Bill:
A8445
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §263.35, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S3653, A4582
2021-2022: A4320
2023-2024: A2138

2017-S6021A - Summary

Prohibits possession of an image of a minor victim by child sex offenders and prohibits any other person from disseminating to such person any image of a child victim of such sex offense.

2017-S6021A - Sponsor Memo

2017-S6021A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6021--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance 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 prohibiting child sex
   offenders from possessing a depiction of any minor during their incar-
   ceration
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 70.80 of the penal law is amended by adding a new
 subdivision 10 to read as follows:
   10. EVERY SENTENCE FOR A SEX OFFENSE, AS DEFINED IN SUBDIVISION TWO OR
 THREE OF SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE  CORRECTION  LAW,
 IMPOSED  PURSUANT  TO  ANY  SECTION OF THIS ARTICLE, WHERE THE VICTIM OF
 SUCH OFFENSE WAS A MINOR, SHALL INCLUDE AS A PART THEREOF A  PROHIBITION
 AGAINST THE POSSESSION OF PHOTOGRAPHS, VIDEOS OR ANY OTHER DEPICTIONS OF
 ANY MINOR DURING THE TERM OF SUCH INCARCERATION.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10706-07-8

2017-S6021B (ACTIVE) - Details

See Assembly Version of this Bill:
A8445
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §263.35, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S3653, A4582
2021-2022: A4320
2023-2024: A2138

2017-S6021B (ACTIVE) - Summary

Prohibits possession of an image of a minor victim by child sex offenders and prohibits any other person from disseminating to such person any image of a child victim of such sex offense.

2017-S6021B (ACTIVE) - Sponsor Memo

2017-S6021B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6021--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the penal law, in  relation  to  prohibiting  child  sex
   offenders from possessing images of their victims
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 263.35  to
 read as follows:
 § 263.35 CRIMINAL POSSESSION OF AN IMAGE OF A MINOR VICTIM.
   A  PERSON  IS  GUILTY  OF  CRIMINAL  POSSESSION OF AN IMAGE OF A MINOR
 VICTIM WHEN HE OR SHE:
   1. HAS BEEN CONVICTED OF A SEX OFFENSE AS DEFINED IN  SUBDIVISION  TWO
 OR  THREE  OF  SECTION  ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW,
 WHERE THE VICTIM OF SUCH OFFENSE  WAS  A  MINOR,  AND  SUCH  PERSON  HAS
 POSSESSION OF ONE OR MORE IMAGES, RECORDINGS, OR ANY OTHER DEPICTIONS OF
 THE VICTIM OR VICTIMS OF SUCH SEX OFFENSE; OR
   2.  KNOWINGLY  DISSEMINATES  TO A PERSON CONVICTED OF A SEX OFFENSE AS
 DEFINED IN SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A
 OF THE CORRECTION LAW, WHERE THE VICTIM OF SUCH OFFENSE WAS A MINOR, ONE
 OR MORE IMAGES, RECORDINGS, OR ANY OTHER DEPICTIONS  OF  THE  VICTIM  OR
 VICTIMS OF SUCH SEX OFFENSE.
   CRIMINAL POSSESSION OF AN IMAGE OF A MINOR VICTIM IS A CLASS E FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10706-09-8

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