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

                                  1985

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by  M. of A. PAULIN, GUNTHER, AUBRY, SCHIMMINGER, ZEBROWSKI,
  GALEF, ROBINSON, ENGLEBRIGHT, BENEDETTO, ARROYO -- Multi-Sponsored  by
  -- M. of A. COLTON, DINOWITZ, HOOPER, MAGEE, MAGNARELLI, MARKEY, SCHI-
  MEL -- 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03414-01-5

              

A. 1985                             2

  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.