Senate Bill S991

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    991
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. YOUNG, FUNKE, GALLIVAN, LANZA, O'MARA, ORTT, RANZEN-
   HOFER,  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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03629-02-9

 S. 991                              2
 
 the first degree as defined in section 120.07, intimidating a victim  or
 witness  in  the  first  degree  as defined in section 215.17, hindering
 prosecution of terrorism in the  first  degree  as  defined  in  section
 490.35, criminal possession of a chemical weapon or biological weapon in
 the  second  degree  as defined in section 490.40, and criminal use of a
 chemical weapon or biological weapon in the third degree as  defined  in
 section 490.47.
   (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated  manslaughter  in  the second degree as defined in section 125.21,
 aggravated sexual abuse in the  second  degree  as  defined  in  section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency  medical  services  professional  as  defined  in  section 120.08,
 assault on a judge as defined in section 120.09,  gang  assault  in  the
 second  degree  as defined in section 120.06, strangulation in the first
 degree as defined in section 121.13, burglary in the  second  degree  as
 defined  in  section  140.25, robbery in the second degree as defined in
 section 160.10, POSSESSING A SEX OFFENSE AGAINST A CHILD AS  DEFINED  IN
 SECTION  263.40, criminal possession of a weapon in the second degree as
 defined in section 265.03, criminal use  of  a  firearm  in  the  second
 degree  as  defined in section 265.08, criminal sale of a firearm in the
 second degree as defined in section 265.12, criminal sale of  a  firearm
 with  the aid of a minor as defined in section 265.14, aggravated crimi-
 nal possession of a weapon as defined in section 265.19,  soliciting  or
 providing support for an act of terrorism in the first degree as defined
 in  section  490.15,  hindering  prosecution  of terrorism in the second
 degree as defined in section 490.30, and criminal possession of a chemi-
 cal weapon or biological weapon  in  the  third  degree  as  defined  in
 section 490.37.
   § 2. Section 263.00 of the penal law is amended by adding a new subdi-
 vision 10 to read as follows:
   10.  "COMPUTER NETWORK" MEANS THE INTERCONNECTION OF HARDWARE OR WIRE-
 LESS  COMMUNICATION LINES WITH A COMPUTER THROUGH REMOTE TERMINALS, OR A
 COMPLEX CONSISTING OF TWO OR MORE INTERCONNECTED COMPUTERS.
   § 3. The penal law is amended by adding two new  sections  263.35  and
 263.40 to read as follows:
 § 263.35 PROMOTING A SEX OFFENSE AGAINST A CHILD.
   A  PERSON  IS  GUILTY OF PROMOTING A SEX OFFENSE AGAINST A CHILD WHEN,
 KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE  PRODUCES,  DIRECTS
 OR  PROMOTES ANY VISUAL OR AUDIO REPRESENTATION OF THE COMMISSION OF ANY
 OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF  THIS  PART  AGAINST  A
 CHILD LESS THAN SIXTEEN YEARS OF AGE, INCLUDING THE DISSEMINATION OF ANY
 SUCH REPRESENTATION THROUGH A COMPUTER NETWORK.
   PROMOTING A SEX OFFENSE AGAINST A CHILD IS A CLASS B FELONY.
 § 263.40 POSSESSING A SEX OFFENSE AGAINST A CHILD.
   A  PERSON  IS GUILTY OF POSSESSING A SEX OFFENSE AGAINST A CHILD WHEN,
 KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE  KNOWINGLY  HAS  IN
 HIS  OR  HER POSSESSION OR CONTROL ANY VISUAL OR AUDIO REPRESENTATION OF
 THE COMMISSION OF ANY OFFENSE DEFINED IN ARTICLE ONE HUNDRED  THIRTY  OF
 THIS PART AGAINST A CHILD LESS THAN SIXTEEN YEARS OF AGE.
   POSSESSING A SEX OFFENSE AGAINST A CHILD IS A CLASS C FELONY.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.