STATE OF NEW YORK
________________________________________________________________________
1739
2015-2016 Regular Sessions
IN SENATE
January 14, 2015
___________
Introduced by Sen. CARLUCCI -- 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 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.
19 A person is guilty of promoting an obscene sexual performance by a
20 child in the second degree when, knowing the character and content ther-
21 eof, he produces, directs or promotes any obscene performance which
22 includes sexual conduct by a child less than seventeen years of age.
23 Promoting an obscene sexual performance by a child in the second
24 degree is a class D felony.
25 § 3. This act shall take effect on the first of November next succeed-
26 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.
LBD03414-01-5
