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Senate Bill S10696

2025-2026 Legislative Session

Relates to the crime of promoting an obscene sexual performance by a child

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Current Bill Status - In Senate Committee Rules Committee

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2025-S10696 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §§263.00 & 263.10, Pen L

2025-S10696 (ACTIVE) - Summary

Includes the act of, when knowing the character and content thereof, a person produces, directs or promotes any obscene synthetic sexual performance, as committing the crime of promoting an obscene sexual performance by a child; defines "obscene synthetic sexual performance".

2025-S10696 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10696
 
                             I N  S E N A T E
 
                            September 11, 2026
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to the crime of promoting  an
   obscene sexual performance by a child
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 263.00 of the penal law is amended by adding a  new
 subdivision 10 to read as follows:
   10.  "OBSCENE  SYNTHETIC  SEXUAL  PERFORMANCE"  MEANS  ANY PERFORMANCE
 CREATED THROUGH ARTIFICIAL INTELLIGENCE OR  OTHER  DIGITAL  OR  COMPUTA-
 TIONAL  MEANS THAT REALISTICALLY DEPICTS A PERSON WHO REASONABLY APPEARS
 TO BE A CHILD LESS THAN  SEVENTEEN  YEARS  OF  AGE  ENGAGING  IN  SEXUAL
 CONDUCT,  REGARDLESS  OF  WHETHER  SUCH DEPICTED CHILD CORRESPONDS TO AN
 ACTUAL PERSON.
   § 2. Section 263.10 of the penal law, as amended by section 1 of  part
 L of chapter 55 of the laws of 2025, 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,  such  person
 produces,  directs  or  promotes  any  obscene  SEXUAL performance which
 includes sexual conduct by a child less than  seventeen  years  of  age,
 including a performance created or altered by digitization as defined in
 section  245.15 of this part, OR WHEN, KNOWING THE CHARACTER AND CONTENT
 THEREOF, SUCH PERSON PRODUCES, DIRECTS OR PROMOTES ANY OBSCENE SYNTHETIC
 SEXUAL PERFORMANCE.
   Promoting an obscene sexual performance by a child is a class D  felo-
 ny.
   §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be  invalid, such judgment shall not affect, impair or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   § 4. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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