Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 21, 2009 |
referred to codes |
Senate Bill S916
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S916 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§263.00, 263.05, 263.10, 263.15, 263.20 & 70.25, add §§263.03, 263.08 & 263.13, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1904
2009-S916 (ACTIVE) - Sponsor Memo
BILL NUMBER: S916 TITLE OF BILL : An act to amend the penal law, in relation to increasing the criminal penalties for sexual performances by a child and in relation to providing for consecutive sentencing upon certain multiple convictions PURPOSE/SUMMARY OF PROVISIONS : This bill would amend article 263 of the penal law to increase penalties for child pornography and to provide for consecutive sentencing of persons who are found guilty of a child pornography offense and another crime. SUMMARY : Section 1: This bill would amend section 263.00 of the penal law to change the definitions of "sexual performance" and "obscene sexual performance" to include sexual conduct by a child less than eighteen years of age. Presently, the section defines such terms to include sexual conduct by a child less than sixteen years of age. Section 2: This bill would also add a new section 263.03 to the penal law to establish a new crime of use of a child in a sexual performance in the first degree. A person would be guilty of such crime, when, knowing the character and content thereof he employs, authorizes or induces a child less than twelve years of age to engage in a sexual
2009-S916 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 916 2009-2010 Regular Sessions I N S E N A T E January 21, 2009 ___________ Introduced by Sen. KRUGER -- 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 increasing the criminal penalties for sexual performances by a child and in relation to providing for consecutive sentencing upon certain multiple convictions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 2 of section 263.00 of the penal law, as amended by chapter 1 of the laws of 2000, are amended to read as follows: 1. "Sexual performance" means any performance or part thereof which, for purposes of section 263.16 of this article, includes sexual conduct by a child less than sixteen years of age or, for purposes of section 263.05 or 263.15 of this article, includes sexual conduct by a child less than [seventeen] EIGHTEEN years of age. 2. "Obscene sexual performance" means any performance which, for purposes of section 263.11 of this article, includes sexual conduct by a child less than sixteen years of age or, for purposes of section 263.10 of this article, includes sexual conduct by a child less than [seven- teen] EIGHTEEN years of age, in any material which is obscene, as such term is defined in section 235.00 of this chapter. S 2. The penal law is amended by adding a new section 263.03 to read as follows: S 263.03 USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE. A PERSON IS GUILTY OF THE USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE IF KNOWING THE CHARACTER AND CONTENT THEREOF HE EMPLOYS, AUTHORIZES OR INDUCES A CHILD LESS THAN TWELVE YEARS OF AGE TO ENGAGE IN A SEXUAL PERFORMANCE OR BEING A PARENT, LEGAL GUARDIAN OR CUSTODIAN OF SUCH CHILD, HE CONSENTS TO THE PARTICIPATION BY SUCH CHILD IN A SEXUAL PERFORMANCE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02164-03-9
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