S T A T E O F N E W Y O R K ________________________________________________________________________ S. 7742 A. 10713 S E N A T E - A S S E M B L Y June 16, 2012 ___________ IN SENATE -- Introduced by Sen. GOLDEN -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lentol, Simanowitz, Colton, Weisenberg, Skartados, Cymbrowitz, Schimminger, Roberts, P. Rivera, Brindisi, Barrett, Bronson, Gabrys- zak, Russell, Zebrowski) -- (at request of the Governor) -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to amending the crime of possessing an obscene sexual performance by a child to include know- ingly accessing such material with intent to view THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 263.11 of the penal law, as added by chapter 11 of 2 the laws of 1996, is amended to read as follows: 3 S 263.11 Possessing an obscene sexual performance by a child. 4 A person is guilty of possessing an obscene sexual performance by a 5 child when, knowing the character and content thereof, he knowingly has 6 in his possession or control, OR KNOWINGLY ACCESSES WITH INTENT TO VIEW, 7 any obscene performance which includes sexual conduct by a child less 8 than sixteen years of age. 9 Possessing an obscene sexual performance by a child is a class E felo- 10 ny. 11 S 2. Section 263.16 of the penal law, as added by chapter 11 of the 12 laws of 1996, is amended to read as follows: 13 S 263.16 Possessing a sexual performance by a child. 14 A person is guilty of possessing a sexual performance by a child when, 15 knowing the character and content thereof, he knowingly has in his 16 possession or control, OR KNOWINGLY ACCESSES WITH INTENT TO VIEW, any 17 performance which includes sexual conduct by a child less than sixteen 18 years of age. 19 Possessing a sexual performance by a child is a class E felony. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12161-01-2 S. 7742 2 A. 10713 1 S 3. Section 263.00 of the penal law is amended by adding a new subdi- 2 vision 9 to read as follows: 3 9. FOR PURPOSES OF SECTIONS 263.10, 263.11, 263.15 AND 263.16 OF THIS 4 ARTICLE, THE TERMS "POSSESSION," "CONTROL" AND "PROMOTION" SHALL NOT 5 INCLUDE CONDUCT BY AN ATTORNEY WHEN THE PERFORMANCE WAS PROVIDED TO SUCH 6 ATTORNEY IN RELATION TO THE REPRESENTATION OF A PERSON UNDER INVESTI- 7 GATION OR CHARGED UNDER THIS CHAPTER OR AS A RESPONDENT PURSUANT TO THE 8 FAMILY COURT ACT, AND IS LIMITED IN USE FOR THE PURPOSE OF REPRESEN- 9 TATION FOR THE PERIOD OF SUCH REPRESENTATION. 10 S 4. This act shall take effect immediately.