S T A T E O F N E W Y O R K
________________________________________________________________________
6218
2019-2020 Regular Sessions
I N A S S E M B L Y
March 4, 2019
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Introduced by M. of A. BURKE -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to aggravated promotion or
possession of an obscene sexual performance by a child
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 263.12 to
read as follows:
§ 263.12 AGGRAVATED PROMOTION OF AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD.
1. A PERSON IS GUILTY OF AGGRAVATED PROMOTION OF AN OBSCENE SEXUAL
PERFORMANCE BY A CHILD WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF,
HE PRODUCES, DIRECTS OR PROMOTES ANY OBSCENE PERFORMANCE WHICH INCLUDES
SEXUAL CONDUCT BY A CHILD AND INVOLVES EITHER:
(A) A CHILD WHO HAD NOT ATTAINED THE AGE OF THIRTEEN;
(B) MATERIAL THAT PORTRAYS SADISTIC OR MASOCHISTIC CONDUCT;
(C) STILL OR MOTION PICTURE IMAGES IN AN AMOUNT GREATER THAN OR EQUAL
TO SIX HUNDRED IMAGES; OR
(D) INTENT TO DERIVE PECUNIARY GAIN THEREFROM.
2. FOR THE PURPOSES OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
SECTION, A MOTION PICTURE LESS THAN OR EQUAL TO THIRTY MINUTES IN DURA-
TION SHALL BE DEEMED TO CONTAIN SEVENTY-FIVE IMAGES AND, FOR EACH ADDI-
TIONAL TEN MINUTES IN DURATION, AN ADDITIONAL SEVENTY-FIVE IMAGES.
AGGRAVATED PROMOTION OF AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IS A
CLASS C FELONY.
§ 2. The penal law is amended by adding a new section 263.13 to read
as follows:
§ 263.13 AGGRAVATED POSSESSION OF AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD.
1. A PERSON IS GUILTY OF AGGRAVATED POSSESSION OF AN OBSCENE SEXUAL
PERFORMANCE BY A CHILD WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02063-01-9
A. 6218 2
HE KNOWINGLY HAS IN HIS POSSESSION OR CONTROL, OR KNOWINGLY ACCESSES
WITH INTENT TO VIEW, ANY OBSCENE PERFORMANCE WHICH INCLUDES SEXUAL
CONDUCT BY A CHILD AND INVOLVES EITHER:
(A) A CHILD WHO HAD NOT ATTAINED THE AGE OF THIRTEEN;
(B) MATERIAL THAT PORTRAYS SADISTIC OR MASOCHISTIC CONDUCT;
(C) STILL OR MOTION PICTURE IMAGES IN AN AMOUNT GREATER THAN OR EQUAL
TO SIX HUNDRED IMAGES; OR
(D) INTENT TO DERIVE PECUNIARY GAIN THEREFROM.
2. FOR THE PURPOSES OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
SECTION, A MOTION PICTURE LESS THAN OR EQUAL TO THIRTY MINUTES IN DURA-
TION SHALL BE DEEMED TO CONTAIN SEVENTY-FIVE IMAGES AND, FOR EACH ADDI-
TIONAL TEN MINUTES IN DURATION, AN ADDITIONAL SEVENTY-FIVE IMAGES.
AGGRAVATED POSSESSION OF AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IS A
CLASS D FELONY.
§ 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.