Bill Text: NY S04857 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Establishes the crime of promoting an obscene sexual performance by a child in the first degree; defines performance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S04857 Detail]

Download: New_York-2021-S04857-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4857

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 16, 2021
                                       ___________

        Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation to promoting an obscene sexu-
          al performance by a child in the first degree

          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 263.09 to
     2  read as follows:
     3  § 263.09 Promoting an obscene sexual performance by a child in the first
     4             degree.
     5    A person is guilty of promoting an obscene  sexual  performance  by  a
     6  child in the first degree when, knowing the character and content there-
     7  of, he or she produces or directs ten or more obscene performances, each
     8  of which includes sexual conduct by a child less than seventeen years of
     9  age.    Notwithstanding subdivision four of section 263.00 of this arti-
    10  cle, for purposes of this section, a "performance" shall  mean  a  play,
    11  motion  picture  or  dance,  or a photographic session at which multiple
    12  photographs are taken.
    13    Promoting an obscene sexual performance by a child in the first degree
    14  is a class C felony.
    15    § 2. Section 263.10 of the penal law, as amended by chapter 1  of  the
    16  laws of 2000, is amended to read as follows:
    17  § 263.10 Promoting  an  obscene  sexual  performance  by  a child in the
    18             second degree.
    19    A person is guilty of promoting an obscene  sexual  performance  by  a
    20  child in the second degree when, knowing the character and content ther-
    21  eof,  he  produces,  directs  or  promotes any obscene performance which
    22  includes sexual conduct by a child less than seventeen years of age.
    23    Promoting an obscene sexual performance  by  a  child  in  the  second
    24  degree is a class D felony.
    25    § 3. This act shall take effect on the first of November next succeed-
    26  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.
                                                                   LBD08279-01-1