Amd §§70.02 & 263.00, add §§263.35 & 263.40, Pen L
 
Establishes the class B felony of promoting a sex offense against a child for producing, directing or promoting any visual or audio representation of the commission of a sex offense against a person under the age of 16 years; establishes the class C felony of possessing a sex offense against a child for knowingly possessing any such representation; designates both such felonies as violent felony offenses.
STATE OF NEW YORK
________________________________________________________________________
991
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
___________
Introduced by Sens. YOUNG, FUNKE, GALLIVAN, LANZA, O'MARA, ORTT, RANZEN-
HOFER, RITCHIE, SERINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the offenses
of promoting and possessing a sex offense against a child
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
2 the penal law, paragraph (a) as amended by chapter 189 of the laws of
3 2018 and paragraph (b) as amended by chapter 476 of the laws of 2018,
4 are amended to read as follows:
5 (a) Class B violent felony offenses: an attempt to commit the class
6 A-I felonies of murder in the second degree as defined in section
7 125.25, kidnapping in the first degree as defined in section 135.25, and
8 arson in the first degree as defined in section 150.20; manslaughter in
9 the first degree as defined in section 125.20, aggravated manslaughter
10 in the first degree as defined in section 125.22, rape in the first
11 degree as defined in section 130.35, criminal sexual act in the first
12 degree as defined in section 130.50, aggravated sexual abuse in the
13 first degree as defined in section 130.70, course of sexual conduct
14 against a child in the first degree as defined in section 130.75;
15 assault in the first degree as defined in section 120.10, kidnapping in
16 the second degree as defined in section 135.20, burglary in the first
17 degree as defined in section 140.30, arson in the second degree as
18 defined in section 150.15, robbery in the first degree as defined in
19 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of
20 subdivision five of section 230.34, sex trafficking of a child as
21 defined in section 230.34-a, incest in the first degree as defined in
22 section 255.27, promoting a sex offense against a child as defined in
23 section 263.35, criminal possession of a weapon in the first degree as
24 defined in section 265.04, criminal use of a firearm in the first degree
25 as defined in section 265.09, criminal sale of a firearm in the first
26 degree as defined in section 265.13, aggravated assault upon a police
27 officer or a peace officer as defined in section 120.11, gang assault in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03629-02-9
S. 991 2
1 the first degree as defined in section 120.07, intimidating a victim or
2 witness in the first degree as defined in section 215.17, hindering
3 prosecution of terrorism in the first degree as defined in section
4 490.35, criminal possession of a chemical weapon or biological weapon in
5 the second degree as defined in section 490.40, and criminal use of a
6 chemical weapon or biological weapon in the third degree as defined in
7 section 490.47.
8 (b) Class C violent felony offenses: an attempt to commit any of the
9 class B felonies set forth in paragraph (a) of this subdivision; aggra-
10 vated criminally negligent homicide as defined in section 125.11, aggra-
11 vated manslaughter in the second degree as defined in section 125.21,
12 aggravated sexual abuse in the second degree as defined in section
13 130.67, assault on a peace officer, police officer, firefighter or emer-
14 gency medical services professional as defined in section 120.08,
15 assault on a judge as defined in section 120.09, gang assault in the
16 second degree as defined in section 120.06, strangulation in the first
17 degree as defined in section 121.13, burglary in the second degree as
18 defined in section 140.25, robbery in the second degree as defined in
19 section 160.10, possessing a sex offense against a child as defined in
20 section 263.40, criminal possession of a weapon in the second degree as
21 defined in section 265.03, criminal use of a firearm in the second
22 degree as defined in section 265.08, criminal sale of a firearm in the
23 second degree as defined in section 265.12, criminal sale of a firearm
24 with the aid of a minor as defined in section 265.14, aggravated crimi-
25 nal possession of a weapon as defined in section 265.19, soliciting or
26 providing support for an act of terrorism in the first degree as defined
27 in section 490.15, hindering prosecution of terrorism in the second
28 degree as defined in section 490.30, and criminal possession of a chemi-
29 cal weapon or biological weapon in the third degree as defined in
30 section 490.37.
31 § 2. Section 263.00 of the penal law is amended by adding a new subdi-
32 vision 10 to read as follows:
33 10. "Computer network" means the interconnection of hardware or wire-
34 less communication lines with a computer through remote terminals, or a
35 complex consisting of two or more interconnected computers.
36 § 3. The penal law is amended by adding two new sections 263.35 and
37 263.40 to read as follows:
38 § 263.35 Promoting a sex offense against a child.
39 A person is guilty of promoting a sex offense against a child when,
40 knowing the character and content thereof, he or she produces, directs
41 or promotes any visual or audio representation of the commission of any
42 offense defined in article one hundred thirty of this part against a
43 child less than sixteen years of age, including the dissemination of any
44 such representation through a computer network.
45 Promoting a sex offense against a child is a class B felony.
46 § 263.40 Possessing a sex offense against a child.
47 A person is guilty of possessing a sex offense against a child when,
48 knowing the character and content thereof, he or she knowingly has in
49 his or her possession or control any visual or audio representation of
50 the commission of any offense defined in article one hundred thirty of
51 this part against a child less than sixteen years of age.
52 Possessing a sex offense against a child is a class C felony.
53 § 4. This act shall take effect on the first of November next succeed-
54 ing the date on which it shall have become a law.