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Assembly Bill A9180

2023-2024 Legislative Session

Enacts the New York AI Child Safety Act

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Archive: Last Bill Status - In Assembly Committee

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2023-A9180 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§263.10, 263.11, 263.15 & 263.16, Pen L

2023-A9180 (ACTIVE) - Summary

Enacts the "New York AI Child Safety Act" relating to the unlawful promotion or possession of a sexual performance of a child created by digitization; defines terms; increases penalties from a class D or E felony to a class C felony.

2023-A9180 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9180
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BLUMENCRANZ -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to the unlawful promotion  or
   possession  of a sexual performance of a child created by digitization
   and of sexually explicit depictions of a child created by digitization
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York AI Child Safety Act".
   § 2. Section 263.10 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 263.10 Promoting an obscene sexual performance by a child.
   A  person  is  guilty  of promoting an obscene sexual performance by a
 child when, knowing the character and content thereof, he OR SHE produc-
 es, directs or promotes any obscene performance  which  includes  sexual
 conduct  by a child less than [seventeen] EIGHTEEN years of age, INCLUD-
 ING AN IMAGE OR PERFORMANCE CREATED OR ALTERED BY DIGITIZATION, FROM THE
 STILL OR VIDEO IMAGE ITSELF OR FROM INFORMATION DISPLAYED IN  CONNECTION
 WITH  THE  STILL  OR  VIDEO  IMAGE,  WHERE  SUCH IMAGE MAY REASONABLY BE
 PERCEIVED OR IDENTIFIED TO BE A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   FOR PURPOSES OF THIS  SECTION  THE  FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "SEXUAL CONDUCT" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDI-
 VISION TEN OF SECTION 130.00 OF THIS CHAPTER; AND
   (B) "DIGITIZATION" SHALL MEAN TO ALTER AN IMAGE IN A REALISTIC  MANNER
 UTILIZING  AN  IMAGE  OR  IMAGES  OF  A  PERSON,  OTHER  THAN THE PERSON
 DEPICTED, OR COMPUTER GENERATED IMAGES.
   Promoting an obscene sexual performance by a child is a  class  [D]  C
 felony.
   § 3. Section 263.11 of the penal law, as amended by chapter 456 of the
 laws of 2012, is amended to read as follows:
 § 263.11 Possessing an obscene sexual performance by a child.
   A  person  is  guilty of possessing an obscene sexual performance by a
 child when, knowing the character and content thereof, he OR  SHE  know-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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