Bill Text: NY S06533 | 2013-2014 | General Assembly | Introduced

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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) 2014-02-04 - REFERRED TO CODES [S06533 Detail]

Download: New_York-2013-S06533-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6533
                                   I N  S E N A T E
                                   February 4, 2014
                                      ___________
       Introduced  by Sen. CARLUCCI -- 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  S 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    S 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  S 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    S 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.
                                                                  LBD04477-01-3