Senate Bill S4859

2019-2020 Legislative Session

Establishes the offenses of promoting and possessing a sex offense against a child

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-S4859 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§70.02 & 263.00, add §§263.35 & 263.40, Pen L

2019-S4859 (ACTIVE) - Summary

Establishes the class B felony of promoting a sex offense against a child for producing, directing or promoting any visual or audio representation of the commission of a sex offense against a person under the age of 16 years; establishes the class C felony of possessing a sex offense against a child for knowingly possessing any such representation; designates both such felonies as violent felony offenses.

2019-S4859 (ACTIVE) - Sponsor Memo

2019-S4859 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4859
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2019
                                ___________
 
 Introduced  by  Sens. RANZENHOFER, FUNKE, GALLIVAN, LANZA, O'MARA, ORTT,
   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 189 of  the  laws  of
 2018  and  paragraph  (b) as amended by chapter 476 of the laws of 2018,
 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, sex trafficking as defined in paragraphs (a) and (b) of
 subdivision five of section  230.34,  sex  trafficking  of  a  child  as
 defined  in  section  230.34-a, incest in the first degree as defined in
 section 255.27, PROMOTING A SEX OFFENSE AGAINST A CHILD  AS  DEFINED  IN
 SECTION  263.35,  criminal possession of a weapon in the first 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
              

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