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Senate Bill S3653

2019-2020 Legislative Session

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

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Archive: Last Bill Status - Stricken

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2019-S3653 (ACTIVE) - Details

See Assembly Version of this Bill:
A4582
Law Section:
Penal Law
Laws Affected:
Add §263.35, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6021, A8445
2021-2022: A4320
2023-2024: A2138

2019-S3653 (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.

2019-S3653 (ACTIVE) - Sponsor Memo

2019-S3653 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3653
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2019
                                ___________
 
 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 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.
                                                            LBD04738-01-9

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