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

                                  2620

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced by Sens. YOUNG, AVELLA, BONACIC, DeFRANCISCO, GALLIVAN, GOLD-
  EN,  LANZA,  LARKIN,  MAZIARZ,  O'MARA,  RANZENHOFER -- 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:

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of
the  penal  law,  paragraph (a) as amended by chapter 320 of the laws of
2006 and paragraph (b) as amended by chapter 1 of the laws of 2013,  are
amended to read as follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, PROMOTING A SEX OFFENSE AGAINST A CHILD  AS  DEFINED  IN
SECTION 263.35, incest in the first degree as defined in section 255.27,
criminal  possession  of  a  weapon  in  the  first degree as defined in
section 265.04, criminal use of a firearm in the first degree as defined
in section 265.09, criminal sale of a firearm in  the  first  degree  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06426-02-3
              

S. 2620                             2

defined in section 265.13, aggravated assault upon a police officer or a
peace  officer  as  defined in section 120.11, gang assault in the first
degree as defined in section 120.07, intimidating a victim or witness in
the  first degree as defined in section 215.17, hindering prosecution of
terrorism in the first degree as defined  in  section  490.35,  criminal
possession  of  a  chemical  weapon  or  biological weapon in the second
degree as defined in section 490.40, and  criminal  use  of  a  chemical
weapon  or  biological  weapon in the third degree as defined in section
490.47.
  (b) Class C violent felony offenses: an attempt to commit any  of  the
class  B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined  in  section  125.21,
aggravated  sexual  abuse  in  the  second  degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined in section 120.06, strangulation in the first degree as  defined
in  section  121.13, burglary in the second degree as defined in section
140.25, robbery in the second  degree  as  defined  in  section  160.10,
POSSESSING  A  SEX OFFENSE AGAINST A CHILD AS DEFINED IN SECTION 263.40,
criminal possession of a weapon in  the  second  degree  as  defined  in
section  265.03,  criminal  use  of  a  firearm  in the second degree as
defined in section 265.08, criminal sale of  a  firearm  in  the  second
degree as defined in section 265.12, criminal sale of a firearm with the
aid  of  a  minor  as  defined  in  section  265.14, aggravated criminal
possession of a weapon as  defined  in  section  265.19,  soliciting  or
providing support for an act of terrorism in the first degree as defined
in  section  490.15,  hindering  prosecution  of terrorism in the second
degree as defined in section 490.30, and criminal possession of a chemi-
cal weapon or biological weapon  in  the  third  degree  as  defined  in
section 490.37.
  S 2. Section 263.00 of the penal law is amended by adding a new subdi-
vision 10 to read as follows:
  10.  "COMPUTER NETWORK" MEANS THE INTERCONNECTION OF HARDWARE OR WIRE-
LESS  COMMUNICATION LINES WITH A COMPUTER THROUGH REMOTE TERMINALS, OR A
COMPLEX CONSISTING OF TWO OR MORE INTERCONNECTED COMPUTERS.
  S 3. The penal law is amended by adding two new  sections  263.35  and
263.40 to read as follows:
S 263.35 PROMOTING A SEX OFFENSE AGAINST A CHILD.
  A  PERSON  IS  GUILTY OF PROMOTING A SEX OFFENSE AGAINST A CHILD WHEN,
KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE  PRODUCES,  DIRECTS
OR  PROMOTES ANY VISUAL OR AUDIO REPRESENTATION OF THE COMMISSION OF ANY
OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF  THIS  PART  AGAINST  A
CHILD LESS THAN SIXTEEN YEARS OF AGE, INCLUDING THE DISSEMINATION OF ANY
SUCH REPRESENTATION THROUGH A COMPUTER NETWORK.
  PROMOTING A SEX OFFENSE AGAINST A CHILD IS A CLASS B FELONY.
S 263.40 POSSESSING A SEX OFFENSE AGAINST A CHILD.
  A  PERSON  IS GUILTY OF POSSESSING A SEX OFFENSE AGAINST A CHILD WHEN,
KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE  KNOWINGLY  HAS  IN
HIS  OR  HER POSSESSION OR CONTROL ANY VISUAL OR AUDIO REPRESENTATION OF
THE COMMISSION OF ANY OFFENSE DEFINED IN ARTICLE ONE HUNDRED  THIRTY  OF
THIS PART AGAINST A CHILD LESS THAN SIXTEEN YEARS OF AGE.
  POSSESSING A SEX OFFENSE AGAINST A CHILD IS A CLASS C FELONY.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.