New York A 4487: Increases the penalties for sexual performances by a child and provides for consecutive sentencing upon certain multiple convictions

Bill Text

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A04487 Summary:

BILL NOA04487 

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SAME ASNo Same As

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SPONSORJensen

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COSPNSR

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MLTSPNSR

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Amd Pen L, generally

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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, and promoting a sexual performance by a child in the first degree; provides for consecutive sentencing upon certain multiple convictions.

Go to top A04487 Actions:

BILL NOA04487 

&nbsp

02/04/2025referred to codes

01/07/2026referred to codes

Go to topA04487 Committee&nbspVotes:

Go to topA04487 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04487 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4487

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. JENSEN -- read once and referred to the Committee
 on Codes

 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] part.
 15 § 2. The penal law is amended by adding a new section 263.03 to read
 16 as follows:
 17 § 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 such
 20 person employs, authorizes or induces a child less than twelve years of
 21 age to engage in a sexual performance or being a parent, legal guardian
 22 or custodian of such child, such person consents to the participation by
 23 such child in a sexual performance.
 24 Use of a child in a sexual performance in the first degree is a class
 25 B felony.
 26 § 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.
 LBD06745-01-5

 A. 4487 2

 1 § 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] such
 4 person employs, authorizes or induces a child less than [seventeen]
 5 eighteen years of age to engage in a sexual performance or being a
 6 parent, legal guardian or custodian of such child, [he] such person
 7 consents to the participation by 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 § 4. The penal law is amended by adding a new section 263.08 to read
 11 as follows:
 12 § 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, such person produces, directs or promotes any obscene performance
 17 which includes sexual conduct by a child less than twelve years of age.
 18 Prom