S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2482
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the penal law, in relation to aggravated promotion or
   possession of an obscene sexual performance by a child
 
   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 263.12 to
 read as follows:
 § 263.12 AGGRAVATED PROMOTION OF AN  OBSCENE  SEXUAL  PERFORMANCE  BY  A
            CHILD.
   1.  A  PERSON  IS  GUILTY OF AGGRAVATED PROMOTION OF AN OBSCENE SEXUAL
 PERFORMANCE BY A CHILD WHEN, KNOWING THE CHARACTER AND CONTENT  THEREOF,
 HE  PRODUCES, DIRECTS OR PROMOTES ANY OBSCENE PERFORMANCE WHICH INCLUDES
 SEXUAL CONDUCT BY A CHILD AND INVOLVES EITHER:
   (A) A CHILD WHO HAD NOT ATTAINED THE AGE OF THIRTEEN;
   (B) MATERIAL THAT PORTRAYS SADISTIC OR MASOCHISTIC CONDUCT;
   (C) STILL OR MOTION PICTURE IMAGES IN AN AMOUNT GREATER THAN OR  EQUAL
 TO SIX HUNDRED IMAGES; OR
   (D) INTENT TO DERIVE PECUNIARY GAIN THEREFROM.
   2.  FOR  THE  PURPOSES  OF  PARAGRAPH  (C)  OF SUBDIVISION ONE OF THIS
 SECTION, A MOTION PICTURE LESS THAN OR EQUAL TO THIRTY MINUTES IN  DURA-
 TION  SHALL BE DEEMED TO CONTAIN SEVENTY-FIVE IMAGES AND, FOR EACH ADDI-
 TIONAL TEN MINUTES IN DURATION, AN ADDITIONAL SEVENTY-FIVE IMAGES.
   AGGRAVATED PROMOTION OF AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IS  A
 CLASS C FELONY.
   §  2.  The penal law is amended by adding a new section 263.13 to read
 as follows:
 § 263.13 AGGRAVATED POSSESSION OF AN OBSCENE  SEXUAL  PERFORMANCE  BY  A
            CHILD.
   1.  A  PERSON  IS GUILTY OF AGGRAVATED POSSESSION OF AN OBSCENE SEXUAL
 PERFORMANCE BY A CHILD WHEN, KNOWING THE CHARACTER AND CONTENT  THEREOF,

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

                                                            LBD01021-01-7

 A. 2482                             2
 
 HE  KNOWINGLY  HAS  IN  HIS POSSESSION OR CONTROL, OR KNOWINGLY ACCESSES
 WITH INTENT TO VIEW,  ANY  OBSCENE  PERFORMANCE  WHICH  INCLUDES  SEXUAL
 CONDUCT BY A CHILD AND INVOLVES EITHER:
   (A) A CHILD WHO HAD NOT ATTAINED THE AGE OF THIRTEEN;
   (B) MATERIAL THAT PORTRAYS SADISTIC OR MASOCHISTIC CONDUCT;
   (C)  STILL OR MOTION PICTURE IMAGES IN AN AMOUNT GREATER THAN OR EQUAL
 TO SIX HUNDRED IMAGES; OR
   (D) INTENT TO DERIVE PECUNIARY GAIN THEREFROM.
   2. FOR THE PURPOSES OF  PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  A MOTION PICTURE LESS THAN OR EQUAL TO THIRTY MINUTES IN DURA-
 TION SHALL BE DEEMED TO CONTAIN SEVENTY-FIVE IMAGES AND, FOR EACH  ADDI-
 TIONAL TEN MINUTES IN DURATION, AN ADDITIONAL SEVENTY-FIVE IMAGES.
   AGGRAVATED POSSESSION OF AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IS A
 CLASS D FELONY.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.