S T A T E O F N E W Y O R K
________________________________________________________________________
4320
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
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Introduced by M. of A. COLTON -- read once and referred 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.
LBD05994-01-1