Elevates promoting an obscene sexual performance by a child and promoting a sexual performance by a child to be class B felonies; prohibits pleading to a lesser offense after indictment for either such offense.
STATE OF NEW YORK
________________________________________________________________________
4119
2011-2012 Regular Sessions
IN SENATE
March 18, 2011
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to promoting sexual performances by a child
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The closing paragraph of section 263.10 of the penal law,
2 as amended by chapter 1 of the laws of 2000, is amended to read as
3 follows:
4 Promoting an obscene sexual performance by a child is a class [D] B
5 felony.
6 § 2. The closing paragraph of section 263.15 of the penal law, as
7 amended by chapter 1 of the laws of 2000, is amended to read as follows:
8 Promoting a sexual performance by a child is a class [D] B felony.
9 § 3. Subdivision 5 of section 220.10 of the criminal procedure law is
10 amended by adding a new paragraph (i) to read as follows:
11 (i) Where the indictment charges the class B felony offense of promot-
12 ing an obscene sexual performance by a child as defined in section
13 263.10 of the penal law or promoting a sexual performance by a child as
14 defined in section 263.15 of the penal law, then a plea of guilty must
15 include at least a plea to such offense.
16 § 4. This act shall take effect on the first of November next succeed-
17 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.
LBD10274-02-1
