S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2138
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 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.
                                                            LBD05658-01-3