Bill Text: NY S04859 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the class B felony of promoting a sex offense against a child for producing, directing or promoting any visual or audio representation of the commission of a sex offense against a person under the age of 16 years; establishes the class C felony of possessing a sex offense against a child for knowingly possessing any such representation; designates both such felonies as violent felony offenses.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S04859 Detail]
Download: New_York-2019-S04859-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4859 2019-2020 Regular Sessions IN SENATE March 27, 2019 ___________ Introduced by Sens. RANZENHOFER, FUNKE, GALLIVAN, LANZA, O'MARA, ORTT, RITCHIE, SERINO -- 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 establishing the offenses of promoting and possessing a sex offense against a child The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of 2 the penal law, paragraph (a) as amended by chapter 189 of the laws of 3 2018 and paragraph (b) as amended by chapter 476 of the laws of 2018, 4 are amended to read as follows: 5 (a) Class B violent felony offenses: an attempt to commit the class 6 A-I felonies of murder in the second degree as defined in section 7 125.25, kidnapping in the first degree as defined in section 135.25, and 8 arson in the first degree as defined in section 150.20; manslaughter in 9 the first degree as defined in section 125.20, aggravated manslaughter 10 in the first degree as defined in section 125.22, rape in the first 11 degree as defined in section 130.35, criminal sexual act in the first 12 degree as defined in section 130.50, aggravated sexual abuse in the 13 first degree as defined in section 130.70, course of sexual conduct 14 against a child in the first degree as defined in section 130.75; 15 assault in the first degree as defined in section 120.10, kidnapping in 16 the second degree as defined in section 135.20, burglary in the first 17 degree as defined in section 140.30, arson in the second degree as 18 defined in section 150.15, robbery in the first degree as defined in 19 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of 20 subdivision five of section 230.34, sex trafficking of a child as 21 defined in section 230.34-a, incest in the first degree as defined in 22 section 255.27, promoting a sex offense against a child as defined in 23 section 263.35, criminal possession of a weapon in the first degree as 24 defined in section 265.04, criminal use of a firearm in the first degree 25 as defined in section 265.09, criminal sale of a firearm in the first 26 degree as defined in section 265.13, aggravated assault upon a police 27 officer or a peace officer as defined in section 120.11, gang assault in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03629-02-9S. 4859 2 1 the first degree as defined in section 120.07, intimidating a victim or 2 witness in the first degree as defined in section 215.17, hindering 3 prosecution of terrorism in the first degree as defined in section 4 490.35, criminal possession of a chemical weapon or biological weapon in 5 the second degree as defined in section 490.40, and criminal use of a 6 chemical weapon or biological weapon in the third degree as defined in 7 section 490.47. 8 (b) Class C violent felony offenses: an attempt to commit any of the 9 class B felonies set forth in paragraph (a) of this subdivision; aggra- 10 vated criminally negligent homicide as defined in section 125.11, aggra- 11 vated manslaughter in the second degree as defined in section 125.21, 12 aggravated sexual abuse in the second degree as defined in section 13 130.67, assault on a peace officer, police officer, firefighter or emer- 14 gency medical services professional as defined in section 120.08, 15 assault on a judge as defined in section 120.09, gang assault in the 16 second degree as defined in section 120.06, strangulation in the first 17 degree as defined in section 121.13, burglary in the second degree as 18 defined in section 140.25, robbery in the second degree as defined in 19 section 160.10, possessing a sex offense against a child as defined in 20 section 263.40, criminal possession of a weapon in the second degree as 21 defined in section 265.03, criminal use of a firearm in the second 22 degree as defined in section 265.08, criminal sale of a firearm in the 23 second degree as defined in section 265.12, criminal sale of a firearm 24 with the aid of a minor as defined in section 265.14, aggravated crimi- 25 nal possession of a weapon as defined in section 265.19, soliciting or 26 providing support for an act of terrorism in the first degree as defined 27 in section 490.15, hindering prosecution of terrorism in the second 28 degree as defined in section 490.30, and criminal possession of a chemi- 29 cal weapon or biological weapon in the third degree as defined in 30 section 490.37. 31 § 2. Section 263.00 of the penal law is amended by adding a new subdi- 32 vision 10 to read as follows: 33 10. "Computer network" means the interconnection of hardware or wire- 34 less communication lines with a computer through remote terminals, or a 35 complex consisting of two or more interconnected computers. 36 § 3. The penal law is amended by adding two new sections 263.35 and 37 263.40 to read as follows: 38 § 263.35 Promoting a sex offense against a child. 39 A person is guilty of promoting a sex offense against a child when, 40 knowing the character and content thereof, he or she produces, directs 41 or promotes any visual or audio representation of the commission of any 42 offense defined in article one hundred thirty of this part against a 43 child less than sixteen years of age, including the dissemination of any 44 such representation through a computer network. 45 Promoting a sex offense against a child is a class B felony. 46 § 263.40 Possessing a sex offense against a child. 47 A person is guilty of possessing a sex offense against a child when, 48 knowing the character and content thereof, he or she knowingly has in 49 his or her possession or control any visual or audio representation of 50 the commission of any offense defined in article one hundred thirty of 51 this part against a child less than sixteen years of age. 52 Possessing a sex offense against a child is a class C felony. 53 § 4. This act shall take effect on the first of November next succeed- 54 ing the date on which it shall have become a law.