S7407-2011 - NY Senate Open Legislation - Relates to the crime of possessing a sexual performance by a child

Relates to the crime of possessing a sexual performance by a child to include knowingly accessing with intent to view such material.

Sponsor: GOLDEN / Co-sponsor(s): BONACIC, DEFRANCISCO, DIAZ, GALLIVAN, GRIFFO, GRISANTI, JOHNSON, LANZA, LITTLE, MARTINS, MAZIARZ, NOZZOLIO, O'MARA, RITCHIE, ROBACH, YOUNG, ZELDIN / Committee: CODES
Law Section: Penal Law / Law: Amd SS263.11 & 263.16, Pen L

S7407-2011 Actions

May 15, 2012: referred to codes
May 15, 2012: DELIVERED TO ASSEMBLY
May 15, 2012: PASSED SENATE
May 15, 2012: ORDERED TO THIRD READING CAL.811
May 15, 2012: REPORTED AND COMMITTED TO RULES
May 9, 2012: REFERRED TO CODES

S7407-2011 Meetings

Codes: May 15, 2012, Rules: May 15, 2012

S7407-2011 Calendars

Floor Calendar: May 15, 2012

S7407-2011 Votes

VOTE: FLOOR VOTE: - May 15, 2012

Ayes (56): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (4): Duane, Montgomery, Parker, Perkins
Excused (1): Marcellino

VOTE: COMMITTEE VOTE: - Rules - May 15, 2012

Ayes (19): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Smith, Stewart-Cousins
Ayes W/R (2): Krueger, Parker
Nays (3): Duane, Montgomery, Perkins
Excused (1): Marcellino

S7407-2011 Memo

BILL NUMBER:S7407

TITLE OF BILL:
An act
to amend the penal law, in relation to amending the crime of possessing
an obscene sexual performance by a child to include knowingly accessing
such material with intent to view

SUMMARY OF SPECIFIC PROVISIONS:
Amends 263.11 and 263.16 of the penal law regarding the accessing
child pornography with intent to view.

JUSTIFICATION:
This proposal will add a provision to the penal law to address an
issue raised in a recent Court of Appeals decision, People v. Kent.
The Court, in its decision ruled that viewing child pornography did
not constitute a crime under current law. This legislation if enacted
will conform NYS law with Federal standards.

PRIOR LEGISLATIVE HISTORY:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S7407-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 7407                                                 A. 10161
 SENATE - ASSEMBLY
 May 9, 2012
 
 IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print
 ed, and when printed to be committed to the Committee on Codes
 IN ASSEMBLY -- Introduced by M. of A. LENTOL -- read once  and  referred
 to the Committee on Codes
 AN  ACT  to  amend  the  penal law, in relation to amending the crime of
 possessing an obscene sexual performance by a child to  include  know
 ingly accessing such material with intent to view
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 263.11 of the penal law, as added by chapter 11  of
 the laws of 1996, is amended to read as follows:

 

S 263.11 Possessing an obscene sexual performance by a child.
 A  person  is  guilty of possessing an obscene sexual performance by a
 child when, knowing the character and content thereof, 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 less
 than sixteen years of age.
 Possessing an obscene sexual performance by a child is a class E felo
 ny.
 

S 2.

Section 263.16 of the penal law, as added by chapter  11  of  the
 laws of 1996, is amended to read as follows:

 

S 263.16 Possessing a sexual performance by a child.
 A person is guilty of possessing a sexual performance by a child when,
 knowing  the  character  and  content  thereof,  he knowingly has in his
 possession or control, OR KNOWINGLY ACCESSES WITH INTENT  TO  VIEW,  any
 performance  which  includes sexual conduct by a child less than sixteen
 years of age.
 Possessing a sexual performance by a child is a class E felony.
 

S 3. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15801-01-2

S7407-2011: Relates to the crime of possessing a sexual performance by a child