Bill Text: NY A08262 | 2015-2016 | General Assembly | Introduced

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Bill Title: Creates offenses of aggravated promotion and aggravated possession of an obscene sexual performance by a child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A08262 Detail]

Download: New_York-2015-A08262-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8262
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 16, 2015
                                      ___________
       Introduced by M. of A. PAULIN -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend the penal law, in relation to aggravated promotion or
         possession of 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:
    1    Section  1. The penal law is amended by adding a new section 263.12 to
    2  read as follows:
    3  S 263.12 AGGRAVATED PROMOTION OF AN  OBSCENE  SEXUAL  PERFORMANCE  BY  A
    4             CHILD.
    5    1.  A  PERSON  IS  GUILTY OF AGGRAVATED PROMOTION OF AN OBSCENE SEXUAL
    6  PERFORMANCE BY A CHILD WHEN, KNOWING THE CHARACTER AND CONTENT  THEREOF,
    7  HE  PRODUCES, DIRECTS OR PROMOTES ANY OBSCENE PERFORMANCE WHICH INCLUDES
    8  SEXUAL CONDUCT BY A CHILD AND INVOLVES EITHER:
    9    (A) A CHILD WHO HAD NOT ATTAINED THE AGE OF THIRTEEN;
   10    (B) MATERIAL THAT PORTRAYS SADISTIC OR MASOCHISTIC CONDUCT;
   11    (C) STILL OR MOTION PICTURE IMAGES IN AN AMOUNT GREATER THAN OR  EQUAL
   12  TO SIX HUNDRED IMAGES; OR
   13    (D) INTENT TO DERIVE PECUNIARY GAIN THEREFROM.
   14    2.  FOR  THE  PURPOSES  OF  PARAGRAPH  (C)  OF SUBDIVISION ONE OF THIS
   15  SECTION, A MOTION PICTURE LESS THAN OR EQUAL TO THIRTY MINUTES IN  DURA-
   16  TION  SHALL BE DEEMED TO CONTAIN SEVENTY-FIVE IMAGES AND, FOR EACH ADDI-
   17  TIONAL TEN MINUTES IN DURATION, AN ADDITIONAL SEVENTY-FIVE IMAGES.
   18    AGGRAVATED PROMOTION OF AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IS  A
   19  CLASS C FELONY.
   20    S  2.  The penal law is amended by adding a new section 263.13 to read
   21  as follows:
   22  S 263.13 AGGRAVATED POSSESSION OF AN OBSCENE  SEXUAL  PERFORMANCE  BY  A
   23             CHILD.
   24    1.  A  PERSON  IS GUILTY OF AGGRAVATED POSSESSION OF AN OBSCENE SEXUAL
   25  PERFORMANCE BY A CHILD WHEN, KNOWING THE CHARACTER AND CONTENT  THEREOF,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10029-01-5
       A. 8262                             2
    1  HE  KNOWINGLY  HAS  IN  HIS POSSESSION OR CONTROL, OR KNOWINGLY ACCESSES
    2  WITH INTENT TO VIEW,  ANY  OBSCENE  PERFORMANCE  WHICH  INCLUDES  SEXUAL
    3  CONDUCT BY A CHILD AND INVOLVES EITHER:
    4    (A) A CHILD WHO HAD NOT ATTAINED THE AGE OF THIRTEEN;
    5    (B) MATERIAL THAT PORTRAYS SADISTIC OR MASOCHISTIC CONDUCT;
    6    (C)  STILL OR MOTION PICTURE IMAGES IN AN AMOUNT GREATER THAN OR EQUAL
    7  TO SIX HUNDRED IMAGES; OR
    8    (D) INTENT TO DERIVE PECUNIARY GAIN THEREFROM.
    9    2. FOR THE PURPOSES OF  PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF  THIS
   10  SECTION,  A MOTION PICTURE LESS THAN OR EQUAL TO THIRTY MINUTES IN DURA-
   11  TION SHALL BE DEEMED TO CONTAIN SEVENTY-FIVE IMAGES AND, FOR EACH  ADDI-
   12  TIONAL TEN MINUTES IN DURATION, AN ADDITIONAL SEVENTY-FIVE IMAGES.
   13    AGGRAVATED POSSESSION OF AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IS A
   14  CLASS D FELONY.
   15    S 3. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law.