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
________________________________________________________________________
6532
2017-2018 Regular Sessions
IN ASSEMBLY
March 9, 2017
___________
Introduced by M. of A. CUSICK -- read once and referred 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.
LBD02425-01-7