Senate Bill S3532

2019-2020 Legislative Session

Establishes the crime of promoting an obscene sexual performance by a child in the first degree

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S3532 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §263.09, amd §263.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6328
2011-2012: S619
2013-2014: S2260, S6533
2015-2016: S1739
2017-2018: S717
2021-2022: S4857

2019-S3532 (ACTIVE) - Summary

Establishes the crime of promoting an obscene sexual performance by a child in the first degree; defines performance.

2019-S3532 (ACTIVE) - Sponsor Memo

2019-S3532 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3532
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 promoting an obscene sexu-
   al performance by a child in the first degree
 
   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 263.09 to
 read as follows:
 § 263.09 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
            DEGREE.
   A PERSON IS GUILTY OF PROMOTING AN OBSCENE  SEXUAL  PERFORMANCE  BY  A
 CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THERE-
 OF, HE OR SHE PRODUCES OR DIRECTS TEN OR MORE OBSCENE PERFORMANCES, EACH
 OF WHICH INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN SEVENTEEN YEARS OF
 AGE.    NOTWITHSTANDING SUBDIVISION FOUR OF SECTION 263.00 OF THIS ARTI-
 CLE, FOR PURPOSES OF THIS SECTION, A "PERFORMANCE" SHALL  MEAN  A  PLAY,
 MOTION  PICTURE  OR  DANCE,  OR A PHOTOGRAPHIC SESSION AT WHICH MULTIPLE
 PHOTOGRAPHS ARE TAKEN.
   PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE
 IS A CLASS C FELONY.
   § 2. Section 263.10 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 263.10 Promoting  an  obscene  sexual  performance  by  a child IN THE
            SECOND DEGREE.
   A person is guilty of promoting an obscene  sexual  performance  by  a
 child IN THE SECOND DEGREE when, knowing the character and content ther-
 eof,  he  produces,  directs  or  promotes any obscene performance which
 includes sexual conduct by a child less than seventeen years of age.
   Promoting an obscene sexual performance  by  a  child  IN  THE  SECOND
 DEGREE 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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