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S07742 Summary:

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S07742 Floor Votes:

S07742 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7742                                                 A. 10713
 
                SENATE - ASSEMBLY
 
                                      June 16, 2012
                                       ___________
 
        IN  SENATE  -- Introduced by Sen. GOLDEN -- (at request of the Governor)
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Rules
 
        IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
          A.  Lentol,  Simanowitz,  Colton,  Weisenberg,  Skartados, Cymbrowitz,

          Schimminger, Roberts, P. Rivera, Brindisi, Barrett,  Bronson,  Gabrys-
          zak,  Russell, Zebrowski) -- (at request of the Governor) -- read once
          and referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation  to  amending  the  crime  of
          possessing  an  obscene sexual performance by a child to include know-
          ingly accessing such material with intent to view
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 263.11 of the penal law, as added by chapter 11 of
     2  the laws of 1996, is amended to read as follows:
     3  § 263.11 Possessing an obscene sexual performance by a child.
     4    A person is guilty of possessing an obscene sexual  performance  by  a
     5  child  when, knowing the character and content thereof, he knowingly has

     6  in his possession or control, or knowingly accesses with intent to view,
     7  any obscene performance which includes sexual conduct by  a  child  less
     8  than sixteen years of age.
     9    Possessing an obscene sexual performance by a child is a class E felo-
    10  ny.
    11    §  2.  Section  263.16 of the penal law, as added by chapter 11 of the
    12  laws of 1996, is amended to read as follows:
    13  § 263.16 Possessing a sexual performance by a child.
    14    A person is guilty of possessing a sexual performance by a child when,
    15  knowing the character and content  thereof,  he  knowingly  has  in  his
    16  possession  or  control,  or knowingly accesses with intent to view, any
    17  performance which includes sexual conduct by a child less  than  sixteen
    18  years of age.
    19    Possessing a sexual performance by a child is a class E felony.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12161-01-2
        S. 7742                             2                           A. 10713
 
     1    § 3. Section 263.00 of the penal law is amended by adding a new subdi-
     2  vision 9 to read as follows:
     3    9.  For purposes of sections 263.10, 263.11, 263.15 and 263.16 of this
     4  article, the terms "possession," "control"  and  "promotion"  shall  not
     5  include conduct by an attorney when the performance was provided to such
     6  attorney  in  relation  to the representation of a person under investi-
     7  gation or charged under this chapter or as a respondent pursuant to  the

     8  family  court  act,  and  is limited in use for the purpose of represen-
     9  tation for the period of such representation.
    10    § 4. This act shall take effect immediately.