Assembly Bill A8445B

2017-2018 Legislative Session

Establishes the crime of criminal possession of an image of a minor victim

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Archive: Last Bill Status - In Assembly 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

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Bill Amendments

2017-A8445 - Details

See Senate Version of this Bill:
S6021
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §263.35, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4582, S3653
2021-2022: A4320
2023-2024: A2138

2017-A8445 - Summary

Prohibits possession of an image of a minor victim by child sex offenders and prohibits any other person from disseminating to such person any image of a child victim of such sex offense.

2017-A8445 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8445
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 Introduced by M. of A. COLTON -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to prohibiting child sex
   offenders from possessing a depiction of any minor during their incar-
   ceration
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 70.80 of the penal law is amended by adding a new
 subdivision 10 to read as follows:
   10. EVERY SENTENCE FOR A FELONY SEX OFFENSE, AS DEFINED  IN  PARAGRAPH
 (A)  OF SUBDIVISION ONE OF THIS SECTION, IMPOSED PURSUANT TO ANY SECTION
 OF THIS ARTICLE, WHERE THE VICTIM OF SUCH OFFENSE  WAS  A  MINOR,  SHALL
 INCLUDE AS A PART THEREOF A PROHIBITION AGAINST THE POSSESSION OF PHOTO-
 GRAPHS,  VIDEOS  OR ANY OTHER DEPICTIONS OF ANY MINOR DURING THE TERM OF
 SUCH INCARCERATION.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10706-06-7

2017-A8445A - Details

See Senate Version of this Bill:
S6021
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §263.35, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4582, S3653
2021-2022: A4320
2023-2024: A2138

2017-A8445A - Summary

Prohibits possession of an image of a minor victim by child sex offenders and prohibits any other person from disseminating to such person any image of a child victim of such sex offense.

2017-A8445A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8445--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 Introduced by M. of A. COLTON -- read once and referred to the Committee
   on  Codes  -- recommitted to the Committee on Codes in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the penal law, in  relation  to  prohibiting  child  sex
   offenders from possessing a depiction of any minor during their incar-
   ceration
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 70.80 of the penal law is amended by adding  a  new
 subdivision 10 to read as follows:
   10. EVERY SENTENCE FOR A SEX OFFENSE, AS DEFINED IN SUBDIVISION TWO OR
 THREE  OF  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE CORRECTION LAW,
 IMPOSED PURSUANT TO ANY SECTION OF THIS ARTICLE,  WHERE  THE  VICTIM  OF
 SUCH  OFFENSE WAS A MINOR, SHALL INCLUDE AS A PART THEREOF A PROHIBITION
 AGAINST THE POSSESSION OF PHOTOGRAPHS, VIDEOS OR ANY OTHER DEPICTIONS OF
 ANY MINOR DURING THE TERM OF SUCH INCARCERATION.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10706-08-8

2017-A8445B (ACTIVE) - Details

See Senate Version of this Bill:
S6021
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §263.35, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4582, S3653
2021-2022: A4320
2023-2024: A2138

2017-A8445B (ACTIVE) - Summary

Prohibits possession of an image of a minor victim by child sex offenders and prohibits any other person from disseminating to such person any image of a child victim of such sex offense.

2017-A8445B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8445--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2017
                                ___________
 
 Introduced by M. of A. COLTON -- read once and referred to the Committee
   on  Codes  -- recommitted to the Committee on Codes in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the penal law, in  relation  to  prohibiting  child  sex
   offenders from possessing images of their victims
 
   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 263.35  to
 read as follows:
 § 263.35 CRIMINAL POSSESSION OF AN IMAGE OF A MINOR VICTIM.
   A  PERSON  IS  GUILTY  OF  CRIMINAL  POSSESSION OF AN IMAGE OF A MINOR
 VICTIM WHEN HE OR SHE:
   1. HAS BEEN CONVICTED OF A SEX OFFENSE AS DEFINED IN  SUBDIVISION  TWO
 OR  THREE  OF  SECTION  ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW,
 WHERE THE VICTIM OF SUCH OFFENSE  WAS  A  MINOR,  AND  SUCH  PERSON  HAS
 POSSESSION OF ONE OR MORE IMAGES, RECORDINGS, OR ANY OTHER DEPICTIONS OF
 THE VICTIM OR VICTIMS OF SUCH SEX OFFENSE; OR
   2.  KNOWINGLY  DISSEMINATES  TO A PERSON CONVICTED OF A SEX OFFENSE AS
 DEFINED IN SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A
 OF THE CORRECTION LAW, WHERE THE VICTIM OF SUCH OFFENSE WAS A MINOR, ONE
 OR MORE IMAGES, RECORDINGS, OR ANY OTHER DEPICTIONS  OF  THE  VICTIM  OR
 VICTIMS OF SUCH SEX OFFENSE.
   CRIMINAL POSSESSION OF AN IMAGE OF A MINOR VICTIM IS A CLASS E FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10706-10-8

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