New York A 4315: Increases the penalties for sexual performances by a child and provides for consecutive sentencing upon certain multiple convictions

Bill Text

STATE OF NEW YORK
________________________________________________________________________
4315
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
___________
Introduced by M. of A. LAWRENCE -- read once and referred to the Commit-
tee 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 ] includes sexual conductfor purposes of section 263.16 of this article,
6 by a child less than [ ] years of age [sixteen eighteen 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 ] includes sexual conduct bypurposes of section 263.11 of this article,
11 a child less than [ ] years of age [sixteen eighteen or, for purposes of
12 section 263.10 of this article, includes sexual conduct by a child less
13 ] in any material which is obscene, as suchthan seventeen years of age,
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 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.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD05731-01-7

A. 4315 2
1 Use of a child in a sexual performance in the first degree is a class
2 B felony.
3 § 3. Section 263.05 of the penal law, as amended by chapter 1 of the
4 laws of 2000, is amended to read as follows:
5 § 263.05 Use of a child in a sexual performance .in the second degree
6 A person is guilty of the use of a child in a sexual performance in
7 if knowing the character and content thereof hethe second degree
8 employs, authorizes or induces a child less than [ ] seventeen eighteen
9 years of age to engage in a sexual performance or being a parent, legal
10 guardian or custodian of such child, he consents to the participation by
11 such child in a sexual performance.
12 Use of a child in a sexual performance is a classin the second degree
13 C felony.
14 § 4. The penal law is amended by adding a new section 263.08 to read
15 as follows:
16 § 263.08 Promoting an obscene sexual performance by a child in the first
17 degree.
18 A person is guilty of promoting an obscene sexual performance by a
19 child in the first degree when, knowing the character and content there-
20 of, he produces, directs or promotes any obscene performance which
21 includes sexual conduct by a child less than twelve years of age.
22 Promoting an obscene sexual performance by a child in the first degree
23 is a class C felony.
24 § 5. Section 263.10 of the penal law, as amended by chapter 1 of the
25 laws of 2000, is amended to read as follows:
26 § 263.10 Promoting an obscene sexual performance by a child in the
27 .second degree
28 A person is guilty of promoting an obscene sexual performance by a
29 child when, knowing the character and content ther-in the second degree
30 eof, he produces, directs or promotes any obscene performance which
31 includes sexual conduct by a child less than [ ] yearsseventeen eighteen
32 of age.
33 Promoting an obscene sexual performance by a child in the second
34 is a class D felony.degree
35 § 6. Section 263.11 of the penal law, as amended by chapter 456 of the
36 laws of 2012, is amended to read as follows:
37 § 263.11 Possessing an obscene sexual performance by a child.
38 A person is guilty of possessing an obscene sexual performance by a
39 child when, knowing the character and content thereof, he knowingly has
40 in his possession or control, or knowingly accesses with intent to view,
41 any obscene performance which includes sexual conduct by a child less
42 than [ ] years of age.sixteen eighteen
43 Possessing an obscene sexual performance by a child is a class E felo-
44 ny.
45 § 7. The penal law is amended by adding a new section 263.13 to read
46 as follows:
47 § 263.13 Promoting a sexual performance by a child in the first degree.
48 A person is guilty of promoting a sexual performance by a child in the
49 first degree when, knowing the character and content thereof, he produc-
50 es, di