S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    462
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M. of A. PAULIN, GUNTHER, AUBRY, SCHIMMINGER, ZEBROWSKI,
   GALEF, ENGLEBRIGHT, BENEDETTO, ARROYO -- Multi-Sponsored by --  M.  of
   A.  COLTON,  DINOWITZ,  HOOPER,  MAGEE,  MAGNARELLI  --  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:
 § 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.
   § 2. Section 263.10 of the penal law, as amended by chapter 1  of  the
 laws of 2000, is amended to read as follows:
 § 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.
                                                            LBD01833-01-7
              

 A. 462                              2
 
   Promoting an obscene sexual performance  by  a  child  IN  THE  SECOND
 DEGREE 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.