Senate Bill S3975

                                
 
BILL NUMBER: S3975

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the penal law, in relation to aggravated promotion or
possession of an obscene sexual performance by a child

 
PURPOSE:

This bill creates an aggravated child pornography charge (Felony D) when
the victim involved is under the age of 13, the content of the pornogra-
phy portrays sadistic or masochistic conduct, the still or motion
pictures images are in an amount greater than or equal to six hundred
images, and/or there is an intent to derive pecuniary gain.

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding a new section 263.12.
Subsection 1 establishes the charge of aggravated promotion of obscene
sexual performance of a child when an individual knowingly produces,
              

directs or promotes sexual conduct by a child and involves either a
victim under the age of 13, the content of the pornography portrays
sadistic or masochistic conduct, the still or motion pictures images are
in an amount greater than or equal to six hundred images, or there is an
intent to derive pecuniary gain. Subsection 2 defines a motion picture
less than or equal to thirty minutes in duration as containing 75
images, and for each 10 minutes in duration, and additional 75 images,

Section 2 amends the penal law by adding a new section 263.13.
Subsection 1 establishes the charge of aggravated possession of an
obscene sexual performance by a child when an individual knowingly has
in their possession or accesses with intent to view any obscene perform-
ance which includes sexual conduct by a child and involves either a
victim under the age of 13, the content of the pornography portrays
sadistic or masochistic conduct, the still or motion pictures images are
in an amount greater than or equal to six hundred images, or there is an
intent to derive pecuniary gain.  Subsection 2 defines a motion picture
less than or equal to thirty minutes in duration as containing 75
images, and for each 10 minutes in duration, and additional 75 images.

Section 3 states that the act shall take effect on the first of November
next succeeding the date that it becomes law.

 
JUSTIFICATION:

Data derived from a 2000 study by the Federal Bureau of Prisons indi-
cated that 76 percent of offenders convicted of Internet-related child
pornography reported having sexual contact with children in the past and
had an average of 30.5 child sexual victims each. According to studies
published by the National District Attorneys Association, child sexual
abusers frequently use pornographic images to "groom" child victims
prior to committing sexual abuse.

New York State has one of the weakest child pornography possession and
promotion charges and does not currently include increased penalties for
aggravating factors such as the number of images, the age of the child
or extreme content. This bill creates a D Felony aggravated child
pornography charge for persons found guilty of promoting or possessing
child pornography that involves a child under the age of 13, contains
sadistic or masochistic content, or produces child pornography with the
intent to monetarily profit or receive something in return for the
distribution.

In addition, this legislation will align state law with federal law in
increasing the felony level when a motion picture exceeds six hundred
images. This bill also seeks to ensure that those found guilty of aggra-
vated child pornography charges will be identified and registered as a
sex offender under the New York State Sex Offender Registry to further
protect potential victims.

 
LEGISLATIVE HISTORY:

2015-16: S.4418 PASSED SENATE

2017-18: S.673 PASSED SENATE

2019-20: S.1536 Referred to Codes/A6218 Referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The first of November next succeeding the date that it becomes law.