STATE OF NEW YORK
________________________________________________________________________
760
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. PAULIN, HOYT, GUNTHER, CHRISTENSEN, JOHN, AUBRY,
SCHIMMINGER, ZEBROWSKI, GALEF, ROBINSON, N. RIVERA, ENGLEBRIGHT,
FIELDS, BENEDETTO, EDDINGTON, HYER-SPENCER, PHEFFER, ARROYO, DelMONTE,
SCHROEDER, SPANO -- Multi-Sponsored by -- M. of A. ALFANO, CARROZZA,
COLTON, DESTITO, DINOWITZ, HOOPER, KOON, MAGEE, MAGNARELLI, MAISEL,
MARKEY, MAYERSOHN, SCHIMEL, SEMINERIO, SWEENEY, WEISENBERG -- read
once and referred 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 § 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 § 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 § 263.10 Promoting an obscene sexual performance by a child in the
18 second degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01571-01-9
A. 760 2
1 A person is guilty of promoting an obscene sexual performance by a
2 child in the second degree when, knowing the character and content ther-
3 eof, he produces, directs or promotes any obscene performance which
4 includes sexual conduct by a child less than seventeen years of age.
5 Promoting an obscene sexual performance by a child in the second
6 degree is a class D felony.
7 § 3. This act shall take effect on the first of November next succeed-
8 ing the date on which it shall have become a law.
