STATE OF NEW YORK
________________________________________________________________________
2482
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to aggravated promotion or
possession of an obscene sexual performance 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 penal law is amended by adding a new section 263.12 to
2 read as follows:
3 § 263.12 Aggravated promotion of an obscene sexual performance by a
4 child.
5 1. A person is guilty of aggravated promotion of an obscene sexual
6 performance by a child when, knowing the character and content thereof,
7 he produces, directs or promotes any obscene performance which includes
8 sexual conduct by a child and involves either:
9 (a) a child who had not attained the age of thirteen;
10 (b) material that portrays sadistic or masochistic conduct;
11 (c) still or motion picture images in an amount greater than or equal
12 to six hundred images; or
13 (d) intent to derive pecuniary gain therefrom.
14 2. For the purposes of paragraph (c) of subdivision one of this
15 section, a motion picture less than or equal to thirty minutes in dura-
16 tion shall be deemed to contain seventy-five images and, for each addi-
17 tional ten minutes in duration, an additional seventy-five images.
18 Aggravated promotion of an obscene sexual performance by a child is a
19 class C felony.
20 § 2. The penal law is amended by adding a new section 263.13 to read
21 as follows:
22 § 263.13 Aggravated possession of an obscene sexual performance by a
23 child.
24 1. A person is guilty of aggravated possession of an obscene sexual
25 performance by a child when, knowing the character and content thereof,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01021-01-7
A. 2482 2
1 he knowingly has in his possession or control, or knowingly accesses
2 with intent to view, any obscene performance which includes sexual
3 conduct by a child and involves either:
4 (a) a child who had not attained the age of thirteen;
5 (b) material that portrays sadistic or masochistic conduct;
6 (c) still or motion picture images in an amount greater than or equal
7 to six hundred images; or
8 (d) intent to derive pecuniary gain therefrom.
9 2. For the purposes of paragraph (c) of subdivision one of this
10 section, a motion picture less than or equal to thirty minutes in dura-
11 tion shall be deemed to contain seventy-five images and, for each addi-
12 tional ten minutes in duration, an additional seventy-five images.
13 Aggravated possession of an obscene sexual performance by a child is a
14 class D felony.
15 § 3. This act shall take effect on the first of November next succeed-
16 ing the date on which it shall have become a law.