Bill Text: NY S06257 | 2009-2010 | General Assembly | Introduced


Bill Title: Increases the penalties for sexual performances by a child; increases age from 16 to 18 for application of existing sexual performance crimes; creates crimes of use of a child in a sexual performance in the first degree, promoting an obscene sexual performance by a child in the first degree, promoting a sexual performance by a child in the first degree; provides for consecutive sentencing upon certain multiple convictions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S06257 Detail]

Download: New_York-2009-S06257-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6257
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   October 30, 2009
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the penal law, in relation to  increasing  the  criminal
         penalties  for  sexual  performances  by  a  child  and in relation to
         providing for consecutive sentencing upon certain multiple convictions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 1 and 2 of section 263.00 of the penal law, as
    2  amended  by  chapter  1  of  the  laws  of  2000, are amended to read as
    3  follows:
    4    1. "Sexual performance" means any performance or part thereof  which[,
    5  for purposes of section 263.16 of this article,] includes sexual conduct
    6  by  a  child less than [sixteen] EIGHTEEN years of age [or, for purposes
    7  of section 263.05 or 263.15 of this article, includes sexual conduct  by
    8  a child less than seventeen years of age].
    9    2.  "Obscene  sexual  performance"  means  any performance which[, for
   10  purposes of section 263.11 of this article,] includes sexual conduct  by
   11  a  child  less than [sixteen] EIGHTEEN years of age [or, for purposes of
   12  section 263.10 of this article, includes sexual conduct by a child  less
   13  than  seventeen years of age,] in any material which is obscene, as such
   14  term is defined in section 235.00 of this chapter.
   15    S 2. The penal law is amended by adding a new section 263.03  to  read
   16  as follows:
   17  S 263.03 USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE.
   18    A  PERSON  IS  GUILTY OF THE USE OF A CHILD IN A SEXUAL PERFORMANCE IN
   19  THE FIRST DEGREE  IF  KNOWING  THE  CHARACTER  AND  CONTENT  THEREOF  HE
   20  EMPLOYS,  AUTHORIZES OR INDUCES A CHILD LESS THAN TWELVE YEARS OF AGE TO
   21  ENGAGE IN A SEXUAL PERFORMANCE OR BEING  A  PARENT,  LEGAL  GUARDIAN  OR
   22  CUSTODIAN  OF SUCH CHILD, HE CONSENTS TO THE PARTICIPATION BY SUCH CHILD
   23  IN A SEXUAL PERFORMANCE.
   24    USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE IS A  CLASS
   25  B FELONY.
   26    S  3.  Section 263.05 of the penal law, as amended by chapter 1 of the
   27  laws of 2000, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02164-01-9
       S. 6257                             2
    1   S 263.05 Use of a child in a sexual performance IN THE SECOND DEGREE.
    2    A  person  is  guilty of the use of a child in a sexual performance IN
    3  THE SECOND DEGREE if  knowing  the  character  and  content  thereof  he
    4  employs,  authorizes  or  induces a child less than [seventeen] EIGHTEEN
    5  years of age to engage in a sexual performance or being a parent,  legal
    6  guardian or custodian of such child, he consents to the participation by
    7  such child in a sexual performance.
    8    Use of a child in a sexual performance IN THE SECOND DEGREE is a class
    9  C felony.
   10    S  4.  The penal law is amended by adding a new section 263.08 to read
   11  as follows:
   12  S 263.08 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
   13             DEGREE.
   14    A PERSON IS GUILTY OF PROMOTING AN OBSCENE  SEXUAL  PERFORMANCE  BY  A
   15  CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THERE-
   16  OF,  HE  PRODUCES,  DIRECTS  OR  PROMOTES  ANY OBSCENE PERFORMANCE WHICH
   17  INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN TWELVE YEARS OF AGE.
   18    PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE
   19  IS A CLASS C FELONY.
   20    S 5. Section 263.10 of the penal law, as amended by chapter 1  of  the
   21  laws of 2000, is amended to read as follows:
   22  S  263.10  Promoting  an  obscene  sexual  performance by a child IN THE
   23             SECOND DEGREE.
   24    A person is guilty of promoting an obscene  sexual  performance  by  a
   25  child IN THE SECOND DEGREE when, knowing the character and content ther-
   26  eof,  he  produces,  directs  or  promotes any obscene performance which
   27  includes sexual conduct by a child less than [seventeen] EIGHTEEN  years
   28  of age.
   29    Promoting  an  obscene  sexual  performance  by  a child IN THE SECOND
   30  DEGREE is a class D felony.
   31    S 6. Section 263.11 of the penal law, as added by chapter  11  of  the
   32  laws of 1996, is amended to read as follows:
   33  S 263.11 Possessing an obscene sexual performance by a child.
   34    A  person  is  guilty of possessing an obscene sexual performance by a
   35  child when, knowing the character and content thereof, he knowingly  has
   36  in  his  possession  or  control  any obscene performance which includes
   37  sexual conduct by a child less than [sixteen] EIGHTEEN years of age.
   38    Possessing an obscene sexual performance by a child is a class E felo-
   39  ny.
   40    S 7. The penal law is amended by adding a new section 263.13  to  read
   41  as follows:
   42  S 263.13 PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE.
   43    A PERSON IS GUILTY OF PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE
   44  FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF, HE PRODUC-
   45  ES, DIRECTS OR PROMOTES ANY PERFORMANCE WHICH INCLUDES SEXUAL CONDUCT BY
   46  A CHILD LESS THAN TWELVE YEARS OF AGE.
   47    PROMOTING  A  SEXUAL  PERFORMANCE  BY A CHILD IN THE FIRST DEGREE IS A
   48  CLASS C FELONY.
   49    S 8. Section 263.15 of the penal law, as amended by chapter 1  of  the
   50  laws of 2000, is amended to read as follows:
   51  S 263.15 Promoting a sexual performance by a child IN THE SECOND DEGREE.
   52    A person is guilty of promoting a sexual performance by a child IN THE
   53  SECOND  DEGREE  when,  knowing  the  character  and  content thereof, he
   54  produces, directs or promotes  any  performance  which  includes  sexual
   55  conduct by a child less than [seventeen] EIGHTEEN years of age.
       S. 6257                             3
    1    Promoting  a  sexual  performance by a child IN THE SECOND DEGREE is a
    2  class D felony.
    3    S  9.  Section  263.16 of the penal law, as added by chapter 11 of the
    4  laws of 1996, is amended to read as follows:
    5  S 263.16 Possessing a sexual performance by a child.
    6    A person is guilty of possessing a sexual performance by a child when,
    7  knowing the character and content  thereof,  he  knowingly  has  in  his
    8  possession or control any performance which includes sexual conduct by a
    9  child less than [sixteen] EIGHTEEN years of age.
   10    Possessing a sexual performance by a child is a class E felony.
   11    S  10. Subdivision 1 of section 263.20 of the penal law, as amended by
   12  chapter 1 of the laws of 2000, is amended to read as follows:
   13    1. Under this article, it shall be an  affirmative  defense  that  the
   14  defendant  in good faith reasonably believed the person appearing in the
   15  performance was, for purposes  of  section  263.10,  263.11,  263.15  or
   16  263.16  of  this article, [sixteen years of age or over or, for purposes
   17  of section 263.05, 263.10 or 263.15 of this article, seventeen] EIGHTEEN
   18  years of age or over.
   19    S 11. The opening paragraph of subdivision  1  and  subdivision  2  of
   20  section  70.25  of the penal law, the opening paragraph of subdivision 1
   21  as amended by chapter 372 of the laws  of  1981  and  subdivision  2  as
   22  amended  by chapter 56 of the laws of 1984, are amended and a new subdi-
   23  vision 6 is added to read as follows:
   24    Except as provided in subdivisions two, two-a [and], five AND  SIX  of
   25  this  section,  when multiple sentences of imprisonment are imposed on a
   26  person at the same time, or when a person who is subject to any  undisc-
   27  harged  term  of  imprisonment  imposed at a previous time by a court of
   28  this state is sentenced to  an  additional  term  of  imprisonment,  the
   29  sentence or sentences imposed by the court shall run either concurrently
   30  or consecutively with respect to each other and the undischarged term or
   31  terms  in  such  manner as the court directs at the time of sentence. If
   32  the court does not specify the manner in which a sentence imposed by  it
   33  is to run, the sentence shall run as follows:
   34    2.  When more than one sentence of imprisonment is imposed on a person
   35  for two or more offenses committed through a single act or omission,  or
   36  through  an  act  or  omission  which  in  itself constituted one of the
   37  offenses and also was a material element of the  other,  the  sentences,
   38  except  if  one  or more of such sentences is for a violation of section
   39  263.03, 263.05, 263.08, 263.10, 263.13, 263.15, OR 270.20 of this  chap-
   40  ter, must run concurrently.
   41    6.  WHEN  A PERSON IS CONVICTED OF USE OF A CHILD IN A SEXUAL PERFORM-
   42  ANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 263.03 OF THIS CHAPTER OR
   43  USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE SECOND DEGREE  AS  DEFINED
   44  IN  SECTION  263.05  OF  THIS  CHAPTER  OR  PROMOTING  AN OBSCENE SEXUAL
   45  PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION  263.08
   46  OF THIS CHAPTER OR PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN
   47  THE  SECOND  DEGREE  AS  DEFINED  IN  SECTION  263.10 OF THIS CHAPTER OR
   48  PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED
   49  IN SECTION 263.13 OF THIS CHAPTER OR PROMOTING A SEXUAL PERFORMANCE BY A
   50  CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 263.15 OF THIS CHAPTER,
   51  AND ANY OTHER CRIME, THE SENTENCES FOR SUCH  CRIMES  SHALL  RUN  CONSEC-
   52  UTIVELY.
   53    S  12.  This  act  shall  take  effect  on  the first of November next
   54  succeeding the date on which it shall have become a law.
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