S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   760

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. PAULIN, HOYT, GUNTHER, CHRISTENSEN, JOHN, AUBRY,
  SCHIMMINGER,  ZEBROWSKI,  GALEF,  ROBINSON,  N. RIVERA,   ENGLEBRIGHT,
  FIELDS, BENEDETTO, EDDINGTON, HYER-SPENCER, PHEFFER, ARROYO, DelMONTE,
  SCHROEDER,  SPANO  -- Multi-Sponsored by -- M. of A. ALFANO, CARROZZA,
  COLTON, DESTITO, DINOWITZ, HOOPER, KOON,  MAGEE,  MAGNARELLI,  MAISEL,
  MARKEY,  MAYERSOHN,  SCHIMEL,  SEMINERIO,  SWEENEY, WEISENBERG -- read
  once and referred 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:

  Section  1. The penal law is amended by adding a new section 263.09 to
read as follows:
S 263.09 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST
           DEGREE.
  A PERSON IS GUILTY OF PROMOTING AN OBSCENE  SEXUAL  PERFORMANCE  BY  A
CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THERE-
OF, HE OR SHE PRODUCES OR DIRECTS TEN OR MORE OBSCENE PERFORMANCES, EACH
OF WHICH INCLUDES SEXUAL CONDUCT BY A CHILD LESS THAN SEVENTEEN YEARS OF
AGE.    NOTWITHSTANDING SUBDIVISION FOUR OF SECTION 263.00 OF THIS ARTI-
CLE, FOR PURPOSES OF THIS SECTION, A "PERFORMANCE" SHALL  MEAN  A  PLAY,
MOTION  PICTURE  OR  DANCE,  OR A PHOTOGRAPHIC SESSION AT WHICH MULTIPLE
PHOTOGRAPHS ARE TAKEN.
  PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE
IS A CLASS C FELONY.
  S 2. Section 263.10 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:
S 263.10 Promoting  an  obscene  sexual  performance  by  a child IN THE
           SECOND DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01571-01-9
              

A. 760                              2

  A person is guilty of promoting an obscene  sexual  performance  by  a
child IN THE SECOND DEGREE when, knowing the character and content ther-
eof,  he  produces,  directs  or  promotes any obscene performance which
includes sexual conduct by a child less than seventeen years of age.
  Promoting  an  obscene  sexual  performance  by  a child IN THE SECOND
DEGREE is a class D felony.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.