STATE OF NEW YORK ________________________________________________________________________ 462 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. PAULIN, GUNTHER, AUBRY, SCHIMMINGER, ZEBROWSKI, GALEF, ENGLEBRIGHT, BENEDETTO, ARROYO -- Multi-Sponsored by -- M. of A. COLTON, DINOWITZ, HOOPER, MAGEE, MAGNARELLI -- read once and referred 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01833-01-7A. 462 2 1 Promoting an obscene sexual performance by a child in the second 2 degree is a class D felony. 3 § 3. This act shall take effect on the first of November next succeed- 4 ing the date on which it shall have become a law.