Bill S5226A-2011

Enacts the "child sexual abuse and exploitation prevention act"; repealer

Enacts the "child sexual abuse and exploitation prevention act"; relates to prostitution offenses and creating the crime of sexual exploitation of a child; relates to computer sex crimes against children.

Details

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  • Law:

Actions

  • Jun 5, 2012: referred to codes
  • Jun 5, 2012: DELIVERED TO ASSEMBLY
  • Jun 5, 2012: PASSED SENATE
  • May 21, 2012: ADVANCED TO THIRD READING
  • May 16, 2012: 2ND REPORT CAL.
  • May 15, 2012: 1ST REPORT CAL.801
  • Feb 14, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 11, 2012: PRINT NUMBER 2556A
  • Jan 11, 2012: AMEND AND RECOMMIT TO CODES
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 17, 2011: referred to codes
  • Jun 17, 2011: DELIVERED TO ASSEMBLY
  • Jun 17, 2011: PASSED SENATE
  • May 23, 2011: ADVANCED TO THIRD READING
  • May 18, 2011: 2ND REPORT CAL.
  • May 17, 2011: 1ST REPORT CAL.725
  • May 3, 2011: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Feb 14, 2012
Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Parker, Squadron, Espaillat
Ayes W/R (1): Perkins
Excused (1): Duane

Memo

BILL NUMBER:S5226A

TITLE OF BILL:

An act to amend the criminal procedure law, the correction law, the penal law, the arts and cultural affairs law, the general business law, the labor law and the civil practice law and rules, in relation to enacting the "child sexual abuse and exploitation prevention act"; to amend the penal law, in relation to creating the crime of criminal use of encryption in the first and second degrees; to amend the penal law, the criminal procedure law, the civil rights law, the executive law, the family court act, the mental hygiene law, the multiple dwelling law, the public health law, the alcoholic beverage control law, the real property actions and proceedings law, the real property law and the vehicle and traffic law, in relation to prostitution offenses and creating the crime of sexual exploitation of a child; to amend the penal law, in relation to computer sex crimes against children; and repealing certain provisions of the penal law relating thereto

PURPOSE:

This bill seeks to implement, in a comprehensive manner, the recommendations of the Senate Republican Majority Task Force on Critical Choices as called for in its 2007 Report entitled "Protecting Children in the Internet Age". The report seeks the enactment of a wide array of aggressive measures designed to protect children from the dangers posed by Internet predators, child pornography and child sexual abuse. The bill addresses child sexual abuse, exploitation, pornography, and prostitution offenses and computer sex crimes against children.

SUMMARY OF PROVISIONS:

Section one of the bill is the short title.

Section two of the bill provides legislative intent.

Sections 3, 4, 7, 10, 12, 18, 19, 20, 29, 34, 35, 36, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 ,53, 54 ,55, 56 and 57 of the bill are technical amendments to various laws reflecting the substantive changes being proposed by this bill.

Section five of the bill permits the introduction of business records, especially Internet Service Provider records, into evidence in grand jury proceedings by way of sworn affidavit.

Section six of the bill addresses the content of any indictment involving the use of a computer in the commission of a sex crime.

Section eight and nine of the bill authorize the issue of a non-judicial subpoena in cases involving offenses against minors or where the life or safety of any person is in imminent danger.

Section eleven of the bill adds a new paragraph (u) to subdivision 8 of section 700.05 of the criminal procedure law

Section thirteen and fourteen of the bill relate to the state's sexual offender registration act (i.e. Megan's Law) and require registered sex offenders to provide verification of their Internet accounts and Internet screen names and permits DCJS to provide this information to Internet service providers.

Section fifteen of the bill repeals several sections of the Penal Law.

Section sixteen of the bill amends Section 60.13 of the Penal Law to include sexual exploitation of a child.

Section seventeen of the bill amends Section 70.02 of the Penal Law to add certain sexual crimes against children created by this bill to the list of violent felony offenses.

Section twenty-one and twenty-two of the bill create new crimes addressing criminal use of encryption.

Section twenty-three of the bill clarifies the crime of tampering with physical evidence and the responsibility of Internet service providers to retain physical evidence.

Section twenty-four of the bill defines the crime of criminal prostitution, involving persons lawfully capable of consenting to sexual conduct.

Section twenty-five of the bill defines unlawful prostitution, involving persons who by virtue of their age are incapable of consenting to sexual conduct.

Section twenty-six of the bill increases the penalties for patronizing children who are being prostituted and to conform the penalties and the age of the child being patronized to mirror the penalties for engaging in acts of statutory rape as contained in article one thirty of the penal law.

Section twenty-seven of the bill creates the crime of sexual exploitation of a child, involving the use of a child under the age of thirteen in the crime of prostitution. A person patronizing such under aged children would be guilty of a class B felony.

Section twenty-eight of the bill would shift the burden to the defendant who engaged in the sexual conduct with the under aged child to show, by a preponderance of the evidence, that the defendant did not have reasonable grounds to believe that the person was less than the age specified.

Section thirty of this bill provides an affirmative defense for a victim of sex trafficking to a charge of unlawful prostitution or criminal prostitution.

Section thirty-one of this bill increases the age of the victim to seventeen with regard to charging a person for promoting prostitution in the second degree.

Section thirty-two of this bill increases the age of the victim to seventeen with regard to charging a person for the crime of forcing or intimidating a minor to engage in prostitution.

Section thirty-three of this bill creates a new crime which would increase the penalty for persons who permit their premises to be used for prostitution purposes involving children who cannot consent to sexual conduct.

Section thirty-four of this bill removes the crimes of disseminating indecent materials to minors from the penal law article related to obscenity.

Section thirty-seven of this bill repeals the current article two hundred sixty three relative to sexual performance by a child and enacts a new article two hundred sixty three relative to child sexual abuse, exploitation and pornography. The new article provides:

* uniform definitions for all crimes involving children in the area of luring and child pornography; * moves current legal prohibitions against luring children through the use of a computer from the obscenity article to this new article; * expands the luring of children for purpose of sexual offenses or the production of child pornography to include the use of any telephonic or electronic communications, such as wireless telephone text messaging, or actual physical luring without the use of a computer or other form of electronic communications; * increases the penalties for the production and distribution of child pornography, particularly for children under the age of eleven and by parents; and * increases the penalties for those who possess multiple child pornography images.

Section thirty-eight of this bill adds certain crimes involving child pornography, disseminating indecent materials to minors and computer sex crimes to the list of eligible pattern criminal acts which qualify as criminal acts for purposes of the state's enterprise corruption crime (the RICO statute).

Section fifty-eight of the bill provides for the effective date, which is the first of November next succeeding the date on which it shall have become law.

JUSTIFICATION: The molestation and sexual exploitation of children has been identified as a major public health issue. It is estimated that there are between 100,000 and 300,000 children sexually exploited annually through prostitution and pornography in the United States.

Recent advances in computer technology have been aiding sexual predators, stalkers, child pornographers, child traffickers, and others with the intent of exploiting children, to commit their acts. Internet bulletin boards, chat rooms. private web sites, and peer-to-peer networks are being used daily by pedophiles to meet unsuspecting children. Equally troubling is the fact that a greater number of teenagers today are using the Internet daily and many enter chat rooms, post personal information about themselves on bulletin boards and establish their own web sites.

Perhaps the most disturbing consequence related to the Internet has been the enormous increase in the production, sale, and dissemination of child pornography. While the possession or distribution of child pornography is illegal under federal law and in all 50 states, according to researchers and law enforcement officials, this type of crime is increasing at an alarming rate, fueled largely by the capabilities of the Internet and modern technologies.

Statistics show that child pornography is the fastest-growing of all Internet businesses; estimated to bring in several billion dollars a year. Knowledge of these cold statistics will not alter the conduct of those who take pleasure or profit in the exploitation of children.

In testimony before New York's Commission on Investigations, Ernie Allen, Executive Director of the National Center for Missing and Exploited Children, indicated that of the thousands of offender's successfully prosecuted for possession of child pornography:

80% had images of children less than 12 39% had images of children younger than 6 19% had images of children younger than 3

These are not pictures of nude children; these are pictures of children being graphically sexually assaulted and raped. Allen told the State Commission on Investigations that working with the Dallas police Department and Federal Law Enforcement the Center arrested a Texas husband and wife who made child pornography -- when they were arrested they had 70,000 customers paying $30/month on credit cards to access graphic images of small children being raped and sexually assaulted.

Another perpetrator in Chicago organized a peer to peer network (no ISP) so that people around the world could log on at a predetermined time and witness, via a web earn, an adult sexually assault an 18-month old child.

The Center has looked at about 6 million images and have identified nearly 900 kids -- which just scratches the surface. Of these 900 kids, '40% of those who assaulted the kids and then distributed the images on-line were their own parents. Another 30% were assaulted and had these assaults distributed on-line either by family members, friends or persons close to the children. Thus in only approximately 30% of this admittedly small sample were the assaults and child porn distribution done by strangers.

The term "pornography" may give rise to discussions about what constitutes art. It may invoke issues of free speech or censorship. But no matter how one feels about pornography in general, child pornography does not belong in that debate. No child is capable, emotionally or legally. Of consenting to being photographed for sexual purposes. Thus, every image of a sexually displayed child - be it a photograph, a tape or a DVD records both the rape of the child and an act against humanity.

While some laws have been enacted to counter the spreading epidemic of online crimes against children, additional laws are needed to stem further spread and assist law enforcement with investigations. The increasing number and complexity of these cases, coupled with the rising sophistication of the perpetrators, have severely challenged those committed to addressing these crimes. Small, rural communities face serious constraints in responding to child abuse cases because of limited resources, training, and personnel with specialized knowledge of child abuse issues.

Research funded by the National Center for Missing and Exploited Children found that forty percent of child pornography possessors were "dual offenders," meaning they had also sexually victimized children. Since the sexual abuse was discovered at the same time as the possession of child pornography, there is a direct benefit to aggressively combating child pornography. Another relevant finding in the study was that the conviction rate for child pornography was nearly 100 percent - this contrasts sharply with the much lower rate of conviction for other crimes against children. Even in communities with vast resources, the task of investigating and prosecuting child abuse cases is overwhelming -there may be little or no physical evidence and the primary witness is often a child unable to withstand a trial.

In addition, current laws governing statutory rape of a minor child and prostitution by a minor child are at odds. A minor child under the age of eighteen who accepts money or other valuable consideration in exchange for sex is treated just like an adult and charged as a criminal. At the same time, the penal law makes it a crime to engage

in sex with a minor under the age of seventeen. Common sense dictates that children, who as a matter of law are incapable of consent to sexual intercourse or anal or oral sexual conduct are actually victims of sexual abuse by virtue of their age.

Individuals who engage in criminal sexual conduct with children should not face lesser sentences because they paid for the criminal conduct. Nor should pimps and other criminal sex abusers receive lesser punishment because the minor being sold for sex or forced into such activity is sixteen years old. Sixteen year aids are incapable of consent to sexual conduct as a matter of law and are victims. They deserve the same protections other minor children receive from pimps and other criminal sex abusers.

In addition, the law should make distinctions between children who are incapable of consent as a matter of law and others who can consent to sexual conduct. At the same time, recognizing that the law should not encourage minors under the age of seventeen to engage in sexual conduct and that criminally culpable minors ought to bear some responsibility for engaging in illegal activity, prostitution by criminally culpable minors should continue to be proscribed by the penal law.

LEGISLATIVE HISTORY: 2008: S.6747-A/A.10296 - Passed the Senate. 2010: S.2205-A/A.6941-A 2011: - Passed Senate

Similar bills such as S.320 (Golden), S.1086 (Saland), S.1761 (Rath), S.1921 (Robach), S.1977 (Volker), S.3175-A (Volker), S.3245 (Young), S.3656 (Leibell), S.5455-A (Volker), S.5917-A (Saland), and S.5986 (Leibell), have been introduced by members of the Senate Republicans and address individual components of this grave problem.

EFFECTIVE DATE: On the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5226--A 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sens. SALAND, ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, the correction law, the penal law, the arts and cultural affairs law, the general business law, the labor law and the civil practice law and rules, in relation to enacting the "child sexual abuse and exploitation prevention act"; to amend the penal law, in relation to creating the crime of criminal use of encryption in the first and second degrees; to amend the penal law, the criminal procedure law, the civil rights law, the executive law, the family court act, the mental hygiene law, the multiple dwell- ing law, the public health law, the alcoholic beverage control law, the real property actions and proceedings law, the real property law and the vehicle and traffic law, in relation to prostitution offenses and creating the crime of sexual exploitation of a child; to amend the penal law, in relation to computer sex crimes against children; and repealing certain provisions of the penal law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "child sexual abuse and exploitation prevention act". S 2. Legislative intent. The legislature hereby finds and declares that the sexual abuse and exploitation of children is a continuing seri- ous problem and such exploitation is being aided by technological advances that utilize the internet. The proliferation of child pornogra- phy must be addressed through legislative means that supply law enforce- ment with the tools needed to combat this problem, impose penalties on those determined to abuse children and provide a safe environment for child victims.
S 3. Subdivision 2 of section 60.42 of the criminal procedure law, as added by chapter 230 of the laws of 1975, is amended to read as follows: 2. proves or tends to prove that the victim has been convicted of an offense under section 230.00 OR 230.01 of the penal law within three years prior to the sex offense which is the subject of the prosecution; or S 4. Paragraph (d) of subdivision 1 of section 160.10 of the criminal procedure law, as amended by chapter 232 of the laws of 2010, is amended and a new paragraph (e) is added to read as follows: (d) Loitering for the purpose of engaging in a prostitution offense as defined in subdivision two of section 240.37 of the penal law[.]; OR (E) UNLAWFUL PROSTITUTION AS DEFINED IN SECTION 230.01 OF THE PENAL LAW. S 5. Section 190.30 of the criminal procedure law is amended by adding a new subdivision 9 to read as follows: 9. BUSINESS RECORDS MAY BE RECEIVED AT GRAND JURY PROCEEDINGS AS EVIDENCE OF THE FACTS STATED IN SUCH RECORDS, PROVIDED SUCH RECORDS ARE ACCOMPANIED BY A WRITTEN STATEMENT, UNDER OATH, OF THE RECORD'S CUSTO- DIAN OR OTHER QUALIFIED WITNESS OF THE BUSINESS. SUCH STATEMENT SHALL CONTAIN A LIST OR DESCRIPTION OF THE RECORDS ATTACHED AND STATE IN SUBSTANCE THAT THE PERSON IS A DULY AUTHORIZED CUSTODIAN OF THE RECORDS OR OTHER QUALIFIED WITNESS WITH KNOWLEDGE THAT SUCH RECORDS WERE MADE IN THE REGULAR COURSE OF BUSINESS AND THAT IT WAS THE REGULAR COURSE OF SUCH BUSINESS TO MAKE SUCH RECORDS AT THE TIME OF THE ACT, TRANSACTION, OCCURRENCE OR EVENT, OR WITHIN A REASONABLE TIME THEREAFTER. SUCH WRIT- TEN STATEMENT MAY ALSO INCLUDE A STATEMENT THAT THE BUSINESS DOES NOT POSSESS A PARTICULAR RECORD OR RECORDS, AND SUCH STATEMENT MAY BE RECEIVED AT GRAND JURY PROCEEDINGS AS EVIDENCE OF THE FACT THAT THE BUSINESS DOES NOT POSSESS SUCH RECORD OR RECORDS. WHEN IT IS NECESSARY FOR THE BUSINESS WHOSE RECORDS ARE BEING OFFERED INTO EVIDENCE TO SUBMIT A WRITTEN STATEMENT UNDER OATH FROM MORE THAN ONE OF ITS EMPLOYEES IN ORDER TO COMPLY WITH THIS SUBDIVISION, MORE THAN ONE WRITTEN STATEMENT UNDER OATH MAY BE ATTACHED TO THE RECORDS. FOR THE PURPOSE OF THIS SUBDIVISION, THE TERM "BUSINESS" INCLUDES A BUSINESS, PROFESSION, OCCU- PATION AND CALLING OF EVERY KIND. S 6. Subdivisions 4 and 7 of section 200.50 of the criminal procedure law, as amended by chapter 7 of the laws of 2007, are amended to read as follows: 4. A statement in each count that the grand jury, or, where the accu- satory instrument is a superior court information, the district attor- ney, accuses the defendant or defendants of a designated offense, provided that in any prosecution under article four hundred eighty-five of the penal law, the designated offense shall be the specified offense, as defined in subdivision three of section 485.05 of the penal law, followed by the phrase "as a hate crime", and provided further that in any prosecution under section 490.25 of the penal law, the designated offense shall be the specified offense, as defined in subdivision three of section 490.05 of the penal law, followed by the phrase "as a crime of terrorism"; and provided further that in any prosecution under section 130.91 of the penal law, the designated offense shall be the specified offense, as defined in subdivision two of section 130.91 of the penal law, followed by the phrase "as a sexually motivated felony"; and PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 263.18 OF THE PENAL LAW, THE DESIGNATED OFFENSE SHALL BE THE UNDERLYING SEX CRIME AGAINST A CHILD, AS DEFINED IN SUBDIVISION TWO OF SECTION 263.18 OF THE PENAL LAW, FOLLOWED BY THE PHRASE "AS A COMPUTER SEX CRIME"; AND
7. A plain and concise factual statement in each count which, without allegations of an evidentiary nature, (a) asserts facts supporting every element of the offense charged and the defendant's or defendants' commission thereof with sufficient preci- sion to clearly apprise the defendant or defendants of the conduct which is the subject of the accusation; and (b) in the case of any armed felony, as defined in subdivision forty- one of section 1.20 OF THIS CHAPTER, states that such offense is an armed felony and specifies the particular implement the defendant or defendants possessed, were armed with, used or displayed or, in the case of an implement displayed, specifies what the implement appeared to be; and (c) in the case of any hate crime, as defined in section 485.05 of the penal law, specifies, as applicable, that the defendant or defendants intentionally selected the person against whom the offense was committed or intended to be committed; or intentionally committed the act or acts constituting the offense, in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ances- try, gender, religion, religious practice, age, disability or sexual orientation of a person; and (d) in the case of a crime of terrorism, as defined in section 490.25 of the penal law, specifies, as applicable, that the defendant or defendants acted with intent to intimidate or coerce a civilian popu- lation, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination or kidnapping; and (e) in the case of a sexually motivated felony, as defined in section 130.91 of the penal law, asserts facts supporting the allegation that the offense was sexually motivated; and (F) IN THE CASE OF A COMPUTER SEX CRIME, AS DEFINED IN SUBDIVISION ONE OF SECTION 263.18 OF THE PENAL LAW, SPECIFIES, AS APPLICABLE, THAT THE DEFENDANT OR DEFENDANTS FACILITATED THE COMMISSION OF A SEX CRIME AGAINST A CHILD, AS DEFINED IN SUBDIVISION TWO OF SECTION 263.18 OF THE PENAL LAW, BY USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE TO COMMUNICATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED. S 7. Subdivision 6 of section 380.50 of the criminal procedure law, as amended by chapter 320 of the laws of 2006, is amended to read as follows: 6. Regardless of whether the victim requests to make a statement with regard to the defendant's sentence, where the defendant is sentenced for a violent felony offense as defined in section 70.02 of the penal law or a felony defined in article one hundred twenty-five of such law or any of the following provisions of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-A, subdivision two of section 230.30 or 230.32, the prosecutor shall, within sixty days of the imposition of sentence, provide the victim with a form on which the victim may indi- cate a demand to be informed of any petition to change the name of such defendant. Such forms shall be maintained by such prosecutor. Upon receipt of a notice of a petition to change the name of any such defend- ant, pursuant to subdivision two of section sixty-two of the civil rights law, the prosecutor shall promptly notify the victim at the most current address or telephone number provided by such victim in the most reasonable and expedient possible manner of the time and place such petition will be presented to the court.
S 8. Section 610.10 of the criminal procedure law is amended by adding a new subdivision 4 to read as follows: 4. A "NON-JUDICIAL SUBPOENA" IS A PROCESS ISSUED BY A DISTRICT ATTOR- NEY OR THE ATTORNEY GENERAL, WHERE APPROPRIATE, OR THE CHIEF EXECUTIVE OFFICER OF A POLICE DEPARTMENT, AS DEFINED IN SUBDIVISION A OF SECTION EIGHT HUNDRED THIRTY-SEVEN-C OF THE EXECUTIVE LAW, OR THE DESIGNEE OF SUCH CHIEF EXECUTIVE OFFICER, IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION FOUR OF SECTION 610.20 OF THIS ARTICLE. S 9. Section 610.20 of the criminal procedure law is amended by adding a new subdivision 4 to read as follows: 4. IN THE INVESTIGATION OF AN OFFENSE AGAINST A MINOR OR AN ATTEMPT TO COMMIT AN OFFENSE AGAINST A MINOR, OR IN ANY INSTANCE WHERE THE LIFE OR SAFETY OF A PERSON IS IN IMMINENT DANGER, A NON-JUDICIAL SUBPOENA MAY BE ISSUED AND DIRECTED TO AN INTERNET SERVICE PROVIDER OR A PROVIDER OF E-MAIL SERVICES REQUIRING THE PROVIDER TO DISCLOSE THE IDENTITY AND ADDRESS OF A SUBSCRIBER RELATIVE TO A SCREEN NAME. S 10. Paragraph (h) of subdivision 8 of section 700.05 of the criminal procedure law, as amended by chapter 154 of the laws of 1990, is amended to read as follows: (h) Promoting prostitution in the first degree, as defined in section 230.32 of the penal law, promoting prostitution in the second degree, as defined by subdivision one of section 230.30 of the penal law, COMPEL- LING PROSTITUTION, AS DEFINED IN SECTION 230.33 OF THE PENAL LAW; S 11. Subdivision 8 of section 700.05 of the criminal procedure law is amended by adding a new paragraph (u) to read as follows: (U) USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE SECOND DEGREE AS DEFINED IN SECTION 263.06 OF THE PENAL LAW, USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 263.07 OF THE PENAL LAW, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 263.08 OF THE PENAL LAW, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.09 OF THE PENAL LAW, POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE THIRD DEGREE AS DEFINED IN SECTION 263.10 OF THE PENAL LAW, POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 263.11 OF THE PENAL LAW, POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.12 OF THE PENAL LAW, PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 263.13 OF THE PENAL LAW, PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.14 OF THE PENAL LAW, POSSESSING A SEXU- AL PERFORMANCE BY A CHILD IN THE THIRD DEGREE AS DEFINED IN SECTION 263.15 OF THE PENAL LAW, POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 263.16 OF THE PENAL LAW, POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.17 OF THE PENAL LAW, COMPUTER SEX CRIMES AS DEFINED IN SECTION 263.18 OF THE PENAL LAW, CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE AS DEFINED IN SECTION 156.40 OF THE PENAL LAW, CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE AS DEFINED IN SECTION 156.41 OF THE PENAL LAW, LURING A CHILD AS DEFINED IN SECTION 263.01 OF THE PENAL LAW AND DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED IN SECTION 263.03 OF THE PENAL LAW. S 12. Paragraph (a) of subdivision 2 of section 168-a of the correction law, as amended by chapter 405 of the laws of 2008, is amended to read as follows: (a) (i) a conviction of or a conviction for an attempt to commit any of the provisions of sections [120.70,] 130.20, 130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, provided the victim of such kidnapping or related offense is less than seventeen years old and the offender is not the parent of the victim, or section 230.04, where the person patronized is in fact less than seventeen years of age, 230.05 [or], 230.06 OR 230.06-A, or subdivision two of section 230.30, or section 230.32 [or], 230.33 OR 230.45 of the penal law, or (ii) [a conviction of or a conviction for an attempt to commit any of the provisions of section 235.22 of the penal law, or (iii)] a conviction of or a conviction for an attempt to commit any provisions of the foregoing sections committed or attempted as a hate crime defined in section 485.05 of the penal law or as a crime of terrorism defined in section 490.25 of such law or as a sexually motivated felony defined in section 130.91 of such law; or S 13. Paragraphs d and e of subdivision 2 of section 168-b of the correction law are relettered paragraphs e and f and a new paragraph d is added to read as follows: D. THE REGISTRY IS AUTHORIZED TO MAKE AVAILABLE THE INFORMATION PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-EIGHT-Q OF THIS ARTICLE AND, IN ADDITION, PROVIDE INFORMATION ON ANY INTERNET ACCOUNTS REGISTERED TO SUCH SEX OFFENDER AND ANY INTERNET SCREEN NAMES USED BY SUCH OFFENDER TO AN INTERACTIVE COMPUTER SERVICE, WHICH SHALL BE DEFINED AS ANY INFORMA- TION SERVICE, SYSTEM OR ACCESS SOFTWARE PROVIDER THAT PROVIDES OR ENABLES COMPUTER ACCESS BY MULTIPLE USERS TO A COMPUTER SERVER, INCLUD- ING SPECIFICALLY A SERVICE OR SYSTEM THAT PROVIDES ACCESS TO THE INTER- NET. S 14. Paragraph (b) of subdivision 2 of section 168-f of the correction law, as added by chapter 192 of the laws of 1995, is amended to read as follows: (b) The verification form shall be signed by the sex offender, and state that he OR SHE still resides at the address last reported to the division AND SHALL PROVIDE INFORMATION ON ANY INTERNET ACCOUNTS BELONG- ING TO SUCH SEX OFFENDER AND ANY INTERNET SCREEN NAME OR NAMES USED BY SUCH OFFENDER. S 15. Sections 120.70, 235.20, 235.21, 235.22, 235.23 and 235.24 of the penal law are REPEALED. S 16. Section 60.13 of the penal law, as added by chapter 7 of the laws of 2007, is amended to read as follows: S 60.13 Authorized dispositions; felony sex offenses. When a person is to be sentenced upon a conviction for any felony defined in article one hundred thirty of this chapter, including a sexu- ally motivated felony, or patronizing a prostitute in the first degree as defined in section 230.06 of this chapter, SEXUAL EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A OF THIS CHAPTER, incest in the second degree as defined in section 255.26 of this chapter, or incest in the first degree as defined in section 255.27 of this chapter, or a felony attempt or conspiracy to commit any of these crimes, the court must sentence the defendant in accordance with the provisions of section 70.80 of this title. S 17. Subdivision 1 of section 70.02 of the penal law, as separately amended by chapters 764 and 765 of the laws of 2005, paragraph (a) as amended by chapter 320 of the laws of 2006, paragraph (b) as amended by chapter 148 of the laws of 2011, paragraph (c) as amended by chapter 405 of the laws of 2010 and paragraph (d) as amended by chapter 7 of the laws of 2007, is amended to read as follows:
1. Definition of a violent felony offense. A violent felony offense is a class B violent felony offense, a class C violent felony offense, a class D violent felony offense, or a class E violent felony offense, defined as follows: (a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75[;], assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, SEXUAL EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A, PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32, COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33, incest in the first degree as defined in section 255.27, USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 263.07, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47. (b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggra- vated criminally negligent homicide as defined in section 125.11, aggra- vated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, PROMOTING PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION 230.30, DISSEMINATING INDECENT MATERIALS TO MINORS IN THE FIRST DEGREE AS DEFINED IN SECTION 263.03, USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE SECOND DEGREE AS DEFINED IN SECTION 263.06, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.09, POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.12, PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.14, POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.17, criminal possession of a weapon in the second degree as defined
in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37. (c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child as defined in section 120.02, assault in the second degree as defined in section 120.05, menacing a police officer or peace officer as defined in section 120.18, stalking in the first degree, as defined in subdivision one of section 120.60, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, PATRONIZING A PROSTITUTE IN THE FIRST DEGREE AS DEFINED IN SECTION 230.06, PROMOTING PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.25, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 263.08, PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 263.13, criminal possession of a weapon in the third degree as defined in subdivision five, six, seven or eight of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, and aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18. (d) Class E violent felony offenses: an attempt to commit any of the felonies of criminal possession of a weapon in the third degree as defined in subdivision five, six, seven or eight of section 265.02 as a lesser included offense of that section as defined in section 220.20 of the criminal procedure law, persistent sexual abuse as defined in section 130.53, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, PATRONIZING A PROSTITUTE IN THE SECOND DEGREE AS DEFINED IN SECTION 230.05, falsely reporting an incident in the second degree as defined in section 240.55 and placing a false bomb or hazard- ous substance in the second degree as defined in section 240.61. S 18. Paragraph (a) of subdivision 1 of section 70.80 of the penal law, as added by chapter 7 of the laws of 2007, is amended to read as follows: (a) For the purposes of this section, a "felony sex offense" means a conviction of any felony defined in article one hundred thirty of this chapter, including a sexually motivated felony, or patronizing a prosti-
tute in the first degree as defined in section 230.06 of this chapter, incest in the second degree as defined in section 255.26 of this chap- ter, SEXUAL EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A OF THIS CHAPTER, or incest in the first degree as defined in section 255.27 of this chapter, or a felony attempt or conspiracy to commit any of the above. S 19. Subdivision 2 of section 130.91 of the penal law, as amended by chapter 405 of the laws of 2010, is amended to read as follows: 2. A "specified offense" is a felony offense defined by any of the following provisions of this chapter: assault in the second degree as defined in section 120.05, assault in the first degree as defined in section 120.10, gang assault in the second degree as defined in section 120.06, gang assault in the first degree as defined in section 120.07, stalking in the first degree as defined in section 120.60, strangulation in the second degree as defined in section 121.12, strangulation in the first degree as defined in section 121.13, manslaughter in the second degree as defined in subdivision one of section 125.15, manslaughter in the first degree as defined in section 125.20, murder in the second degree as defined in section 125.25, aggravated murder as defined in section 125.26, murder in the first degree as defined in section 125.27, kidnapping in the second degree as defined in section 135.20, kidnapping in the first degree as defined in section 135.25, burglary in the third degree as defined in section 140.20, burglary in the second degree as defined in section 140.25, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, arson in the first degree as defined in section 150.20, robbery in the third degree as defined in section 160.05, robbery in the second degree as defined in section 160.10, robbery in the first degree as defined in section 160.15, promoting prostitution in the second degree as defined in section 230.30, promoting prostitution in the first degree as defined in section 230.32, compelling prostitution as defined in section 230.33, disseminating indecent material to minors in the first degree as defined in section [235.22] 263.03, use of a child in a sexual performance IN THE SECOND DEGREE as defined in section [263.05] 263.06, USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 263.07, promoting an obscene sexual performance by a child IN THE SECOND DEGREE as defined in section [263.10] 263.08, PROMOTING AN OBSCENE SEXU- AL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.09, promoting a sexual performance by a child IN THE SECOND DEGREE as defined in section [263.15] 263.13, PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.14, or any felony attempt or conspiracy to commit any of the foregoing offenses. S 20. Subdivision 3 of section 130.95 of the penal law, as added by chapter 107 of the laws of 2006, is amended to read as follows: 3. He or she has previously been subjected to a conviction for a felo- ny defined in this article, incest as defined in section 255.25 of this chapter or use of a child in a sexual performance as defined in [section 263.05] SECTIONS 263.06 AND 263.07 of this chapter. S 21. Section 156.00 of the penal law is amended by adding a new subdivision 10 to read as follows: 10. "ENCRYPTION" MEANS ANY PROTECTIVE OR DISRUPTIVE MEASURE, INCLUD- ING, WITHOUT LIMITATION, CRYPTOGRAPHY, ENCIPHERING OR ENCODING, WHICH: (A) CAUSES OR MAKES ANY DATA, INFORMATION, IMAGE, PROGRAM, SIGNAL OR SOUND UNINTELLIGIBLE OR UNUSABLE; OR (B) PREVENTS, IMPEDES, DELAYS OR DISRUPTS ACCESS TO ANY DATA, INFORMA- TION, IMAGE, PROGRAM, SIGNAL OR SOUND.
S 22. The penal law is amended by adding two new sections 156.40 and 156.41 to read as follows: S 156.40 CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE. A PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE ENCRYPTION TO: 1. COMMIT, FURTHER, FACILITATE OR PROMOTE CONDUCT CONSTITUTING A CRIME; 2. CONCEAL THE COMMISSION OF ANY CRIME; 3. CONCEAL OR PROTECT THE IDENTITY OF A PERSON WHO HAS COMMITTED ANY CRIME; OR 4. PREVENT, IMPEDE, DELAY OR DISRUPT THE NORMAL OPERATION OR USE OF A COMPUTER, COMPUTER PROGRAM OR COMPUTER SYSTEM. CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE IS A CLASS A MISDEMEA- NOR. S 156.41 CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE. A PERSON IS GUILTY OF CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL USE OF ENCRYPTION IN THE SECOND DEGREE AND HE OR SHE: 1. DOES SO WITH AN INTENT TO COMMIT OR ATTEMPT TO COMMIT OR FURTHER THE COMMISSION OF A FELONY; 2. DOES SO WITH AN INTENT TO CONCEAL THE COMMISSION OF ANY FELONY; 3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS COMMITTED ANY FELONY; OR 4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE. CRIMINAL USE OF ENCRYPTION IN THE FIRST DEGREE IS A CLASS E FELONY. S 23. Section 215.40 of the penal law is amended to read as follows: S 215.40 Tampering with physical evidence. A person is guilty of tampering with physical evidence when: 1. With intent that it be used or introduced in, OR BELIEVING THAT IT HAS BEEN REQUESTED OR MAY BE GATHERED DURING OR PURSUANT TO an official proceeding or a prospective official proceeding, [he] SUCH PERSON: (a) knowingly makes, devises or prepares false physical evidence, or (b) produces or offers such evidence at such a proceeding knowing it to be false; or 2. Believing that certain physical evidence [is about to] HAS BEEN OR MAY be REQUESTED, GATHERED, produced or used in OR PURSUANT TO an offi- cial proceeding or a prospective official proceeding, and intending to prevent such production or use, [he] SUCH PERSON suppresses it by any act of concealment, alteration, ENCRYPTION or destruction, or by employ- ing force, intimidation or deception against any person. 3. NO ELECTRONIC COMMUNICATIONS SERVICE OR REMOTE COMPUTING SERVICE, AS DEFINED UNDER THE FEDERAL ELECTRONIC COMMUNICATIONS PRIVACY ACT, WHICH IS ACTING WITHIN THE ORDINARY COURSE OF BUSINESS, SHALL BE OBLI- GATED TO RETAIN CUSTOMER INFORMATION AND/OR CONTENT UNLESS IN RECEIPT OF AN OFFICIAL REQUEST TO RETAIN PHYSICAL EVIDENCE. Tampering with physical evidence is a class [E] D felony. S 24. Section 230.00 of the penal law, as amended by chapter 169 of the laws of 1969, is amended to read as follows: S 230.00 [Prostitution] CRIMINAL PROSTITUTION. A person is guilty of CRIMINAL prostitution when, BEING SEVENTEEN YEARS OLD OR MORE, such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. [Prostitution] CRIMINAL PROSTITUTION is a class B [Misdemeanor] MISDE- MEANOR. S 25. The penal law is amended by adding a new section 230.01 to read as follows:
S 230.01 UNLAWFUL PROSTITUTION. A PERSON IS GUILTY OF UNLAWFUL PROSTITUTION WHEN, BEING LESS THAN SEVENTEEN YEARS OLD, SUCH PERSON ENGAGES OR AGREES OR OFFERS TO ENGAGE IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE. UNLAWFUL PROSTITUTION IS A VIOLATION, PROVIDED, HOWEVER, THAT ANY PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A CRIME DEFINED IN THIS ARTICLE OR SECTION 240.37 OF THIS PART SHALL BE GUILTY OF A CLASS B MISDEMEANOR. S 26. Sections 230.05 and 230.06 of the penal law, as added by chap- ter 627 of the laws of 1978, are amended to read as follows: S 230.05 Patronizing a prostitute in the second degree. A person is guilty of patronizing a prostitute in the second degree when, being [over eighteen] TWENTY-ONE years of age OR MORE, he OR SHE patronizes a prostitute and the person patronized is less than [four- teen] SEVENTEEN years of age. Patronizing a prostitute in the second degree is a class E felony. S 230.06 Patronizing a prostitute in the first degree. A person is guilty of patronizing a prostitute in the first degree when, BEING EIGHTEEN YEARS OF AGE OR MORE, he OR SHE patronizes a pros- titute and the person patronized is less than [eleven] FIFTEEN years of age. Patronizing a prostitute in the first degree is a class D felony. S 27. The penal law is amended by adding a new section 230.06-a to read as follows: S 230.06-A SEXUAL EXPLOITATION OF A CHILD. A PERSON IS GUILTY OF SEXUAL EXPLOITATION OF A CHILD WHEN: 1. BEING EIGHTEEN YEARS OF AGE OR MORE HE OR SHE PATRONIZES A PROSTI- TUTE AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OF AGE; OR 2. HE OR SHE PATRONIZES A PROSTITUTE AND THE PERSON PATRONIZED IS LESS THAN ELEVEN YEARS OF AGE. SEXUAL EXPLOITATION OF A CHILD IS A CLASS B FELONY. S 28. Section 230.07 of the penal law, as amended by chapter 74 of the laws of 2007, is amended to read as follows: S 230.07 Patronizing a prostitute; defense. In any prosecution for patronizing a prostitute in the first or second degrees OR SEXUAL EXPLOITATION OF A CHILD, it is [a] AN AFFIRMATIVE defense that the defendant did not have reasonable grounds to believe that the person was less than the age specified. S 29. The opening paragraph of section 230.10 of the penal law is amended to read as follows: In any prosecution for SEXUAL EXPLOITATION OF A CHILD, prostitution or patronizing a prostitute, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that: S 30. The penal law is amended by adding a new section 230.11 to read as follows: S 230.11 PROSTITUTION; DEFENSE. IN ANY PROSECUTION FOR UNLAWFUL PROSTITUTION OR CRIMINAL PROSTITUTION, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT IS A VICTIM OF SEX TRAF- FICKING. S 31. Subdivision 2 of section 230.30 of the penal law, as amended by chapter 627 of the laws of 1978, is amended to read as follows: 2. Advances or profits from prostitution of a person less than [sixteen] SEVENTEEN years old. S 32. Section 230.33 of the penal law, as added by chapter 450 of the laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution. A person is guilty of compelling prostitution when, being twenty-one years of age or older, he or she knowingly advances prostitution by compelling a person less than [sixteen] SEVENTEEN years old, by force or intimidation, to engage in prostitution. Compelling prostitution is a class B felony. S 33. Section 230.40 of the penal law is amended and a new section 230.45 is added to read as follows: S 230.40 Permitting prostitution IN THE SECOND DEGREE. A person is guilty of permitting prostitution IN THE SECOND DEGREE when, having possession or control of premises which he OR SHE knows are being used for prostitution purposes, he OR SHE fails to make reasonable effort to halt or abate such use. Permitting prostitution IN THE SECOND DEGREE is a class [B] A misde- meanor. S 230.45 PERMITTING PROSTITUTION IN THE FIRST DEGREE. A PERSON IS GUILTY OF PERMITTING PROSTITUTION IN THE FIRST DEGREE WHEN HAVING POSSESSION OR CONTROL OF PREMISES WHICH HE OR SHE KNOWS ARE BEING USED FOR PROSTITUTION PURPOSES INCLUDING THE PROSTITUTION OF A CHILD LESS THAN SEVENTEEN YEARS OF AGE, HE OR SHE FAILS TO MAKE REASONABLE EFFORT TO HALT OR ABATE SUCH USE. PERMITTING PROSTITUTION IN THE FIRST DEGREE IS A CLASS E FELONY. S 34. The section heading and subdivision 1 of section 235.15 of the penal law, as amended by chapter 600 of the laws of 1996, are amended to read as follows: Obscenity [or disseminating indecent material to minors in the second degree]; defense. 1. In any prosecution for obscenity[, or disseminating indecent mate- rial to minors in the second degree in violation of subdivision three of section 235.21 of this article,] it is an affirmative defense that the persons to whom allegedly obscene or indecent material was dissem- inated, or the audience to an allegedly obscene performance, consisted of persons or institutions having scientific, educational, governmental or other similar justification for possessing, disseminating or viewing the same. S 35. Subdivision 2 of section 240.37 of the penal law, as added by chapter 344 of the laws of 1976, is amended to read as follows: 2. Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons, for the purpose of prostitution, or of patronizing a prostitute as those terms are defined in article two hundred thirty of [the penal law] THIS CHAPTER, shall be guilty of a violation and is guilty of a class B misdemeanor if such person has previously been convicted of a violation of this section or of [sections] SECTION 230.00, 230.01 or 230.05 of [the penal law] THIS PART. S 36. Subdivision 2 of section 250.65 of the penal law, as added by chapter 69 of the laws of 2003, is amended to read as follows: 2. With respect to sections 250.55 and 250.60 of this article, the provisions of subdivision two of section 235.15 and subdivisions one and two of section [235.24] 263.05 of this chapter shall apply. S 37. Article 263 of the penal law is REPEALED and a new article 263 is added to read as follows:
ARTICLE 263 CHILD SEXUAL ABUSE, EXPLOITATION AND PORNOGRAPHY OFFENSES SECTION 263.00 DEFINITIONS. 263.01 LURING A CHILD. 263.02 DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE. 263.03 DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE. 263.04 DISSEMINATING INDECENT MATERIAL TO MINORS; PRESUMPTION AND DEFENSES. 263.05 DISSEMINATING INDECENT MATERIAL TO MINORS; LIMITATIONS. 263.06 USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE SECOND DEGREE. 263.07 USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE. 263.08 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE. 263.09 PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE. 263.10 POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE THIRD DEGREE. 263.11 POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE. 263.12 POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE. 263.13 PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE. 263.14 PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE. 263.15 POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE THIRD DEGREE. 263.16 POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE. 263.17 POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE. 263.18 COMPUTER SEX CRIMES AGAINST CHILDREN. 263.19 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES. 263.20 SEXUAL PERFORMANCE BY A CHILD; AFFIRMATIVE DEFENSES. 263.25 PROOF OF AGE OF CHILD. S 263.00 DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING DEFINITIONS SHALL APPLY: 1. "MINOR" MEANS ANY PERSON LESS THAN SEVENTEEN YEARS OLD. 2. "NUDITY" MEANS THE SHOWING OF THE HUMAN MALE OR FEMALE GENITALS, PUBIC AREA OR BUTTOCKS WITH LESS THAN A FULL OPAQUE COVERING, OR THE SHOWING OF THE FEMALE BREAST WITH LESS THAN A FULLY OPAQUE COVERING OF ANY PORTION THEREOF BELOW THE TOP OF THE NIPPLE, OR THE DEPICTION OF COVERED MALE GENITALS IN A DISCERNIBLY TURGID STATE. 3. "SEXUAL CONDUCT" MEANS ACTUAL OR SIMULATED SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT, ANAL SEXUAL CONDUCT, SEXUAL BESTIALITY, MASTURBATION, SADOMASOCHISTIC ABUSE, OR LEWD EXHIBITION OF THE GENITALS. 4. "SEXUAL EXCITEMENT" MEANS THE CONDITION OF HUMAN MALE OR FEMALE GENITALS WHEN IN A STATE OF SEXUAL STIMULATION OR AROUSAL. 5. "SEXUAL PERFORMANCE" MEANS ANY PERFORMANCE OR PART THEREOF WHICH INCLUDES SEXUAL CONDUCT OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT, BY A CHILD LESS THAN SEVENTEEN YEARS OF AGE.
6. "OBSCENE SEXUAL PERFORMANCE" MEANS ANY PERFORMANCE WHICH INCLUDES SEXUAL CONDUCT OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT, BY A CHILD LESS THAN SEVENTEEN YEARS OF AGE, IN ANY MATERIAL WHICH IS OBSCENE, AS SUCH TERM IS DEFINED IN SECTION 235.00 OF THIS PART. 7. "SEXUAL INTERCOURSE", "SEXUAL CONTACT", "ORAL SEXUAL CONDUCT" AND "ANAL SEXUAL CONDUCT" MEAN THE CONDUCT DEFINED BY SECTION 130.00 OF THIS PART. 8. "SADOMASOCHISTIC ABUSE" MEANS FLAGELLATION OR TORTURE BY OR UPON A PERSON CLAD IN UNDERGARMENTS, A MASK OR BIZARRE COSTUME, OR THE CONDI- TION OF BEING FETTERED, BOUND OR OTHERWISE PHYSICALLY RESTRAINED ON THE PART OF ONE SO CLOTHED. 9. "PERFORMANCE" MEANS ANY PLAY, MOTION PICTURE, PHOTOGRAPH OR DANCE, FILM, VIDEO, DIGITAL IMAGE OR DATA STORED ON A COMPUTER DISK OR BY ELEC- TRONIC MEANS WHERE SUCH DATA IS CAPABLE OF CONVERSION INTO A VISUAL IMAGE. PERFORMANCE ALSO MEANS ANY OTHER VISUAL REPRESENTATION EXHIBITED BEFORE AN AUDIENCE. 10. "PROMOTE" MEANS TO PROCURE, MANUFACTURE, ISSUE, SELL, GIVE, PROVIDE, LEND, MAIL, DELIVER, TRANSFER, TRANSMUTE, PUBLISH, DISTRIBUTE, CIRCULATE, DISSEMINATE, PRESENT, EXHIBIT OR ADVERTISE, OR TO OFFER OR AGREE TO DO THE SAME. 11. "SIMULATED" MEANS THE EXPLICIT DEPICTION OF ANY OF THE CONDUCT SET FORTH IN SUBDIVISION THREE OF THIS SECTION WHICH CREATES THE APPEARANCE OF SUCH CONDUCT. 12. "HARMFUL TO MINORS" MEANS THAT QUALITY OF ANY DESCRIPTION OR REPRESENTATION, IN WHATEVER FORM, OF NUDITY, SEXUAL CONDUCT, SEXUAL EXCITEMENT, OR SADOMASOCHISTIC ABUSE, WHEN IT: (A) CONSIDERED AS A WHOLE, APPEALS TO THE PRURIENT INTEREST IN SEX OF MINORS; AND (B) IS PATENTLY OFFENSIVE TO PREVAILING STANDARDS IN THE ADULT COMMUNITY AS A WHOLE WITH RESPECT TO WHAT IS SUITABLE MATERIAL FOR MINORS; AND (C) CONSIDERED AS A WHOLE, LACKS SERIOUS LITERARY, ARTISTIC, POLITICAL AND SCIENTIFIC VALUE FOR MINORS. 13. "ACCESS SOFTWARE" MEANS SOFTWARE (INCLUDING CLIENT OR SERVER SOFT- WARE) OR ENABLING TOOLS THAT DO NOT CREATE OR PROVIDE THE CONTENT OF THE COMMUNICATION BUT THAT ALLOW A USER TO DO ANY ONE OR MORE OF THE FOLLOW- ING: (A) FILTER, SCREEN, ALLOW OR DISALLOW CONTENT; (B) PICK, CHOOSE, ANALYZE OR DIGEST CONTENT; OR (C) TRANSMIT, RECEIVE, DISPLAY, FORWARD, CACHE, SEARCH, SUBSET, ORGANIZE, REORGANIZE OR TRANSLATE CONTENT. 14. "COMPUTER" SHALL HAVE THE SAME MEANING AS ASCRIBED TO SUCH TERM BY SECTION 156.00 OF THIS PART. 15. "TELEPHONIC COMMUNICATION" AND "ELECTRONIC COMMUNICATION" SHALL HAVE THE MEANING GIVEN TO THOSE TERMS BY SUBDIVISIONS THREE AND FIVE RESPECTIVELY, OF SECTION 250.00 OF THIS PART. S 263.01 LURING A CHILD. 1. A PERSON IS GUILTY OF LURING A CHILD WHEN HE OR SHE LURES A CHILD INTO A MOTOR VEHICLE, AIRCRAFT, WATERCRAFT, ISOLATED AREA, BUILDING, OR PART THEREOF, FOR THE PURPOSE OF COMMITTING AGAINST SUCH CHILD ANY OF THE FOLLOWING OFFENSES: AN OFFENSE AS DEFINED IN SECTION 70.02 OF THIS CHAPTER; AN OFFENSE AS DEFINED IN SECTION 125.25 OR 125.27 OF THIS PART; A FELONY OFFENSE THAT IS A VIOLATION OF ARTICLE ONE HUNDRED THIRTY OF THIS PART; AN OFFENSE AS DEFINED IN SECTION 135.25 OF THIS PART; AN OFFENSE AS DEFINED IN SECTIONS 230.30, 230.33 OR 230.34 OF THIS PART; AN OFFENSE AS DEFINED IN SECTIONS 255.25, 255.26, OR 255.27 OF THIS PART; OR AN OFFENSE AS DEFINED IN THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVI- SION "CHILD" MEANS A PERSON LESS THAN SEVENTEEN YEARS OF AGE. NOTHING IN THIS SECTION SHALL BE DEEMED TO PRECLUDE, IF THE EVIDENCE WARRANTS, A CONVICTION FOR THE COMMISSION OR ATTEMPTED COMMISSION OF ANY CRIME,
INCLUDING BUT NOT LIMITED TO A CRIME DEFINED IN ARTICLE ONE HUNDRED THIRTY-FIVE OF THIS PART. 2. LURING A CHILD IS A CLASS E FELONY, PROVIDED, HOWEVER, THAT IF THE UNDERLYING OFFENSE THE ACTOR INTENDED TO COMMIT AGAINST SUCH CHILD CONSTITUTED A CLASS A OR A CLASS B FELONY, THEN THE OFFENSE OF LURING A CHILD IN VIOLATION OF THIS SECTION SHALL BE DEEMED RESPECTIVELY, A CLASS C FELONY OR CLASS D FELONY. S 263.02 DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE. A PERSON IS GUILTY OF DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE WHEN: 1. WITH KNOWLEDGE OF ITS CHARACTER AND CONTENT, HE OR SHE SELLS OR LOANS TO A MINOR FOR MONETARY CONSIDERATION: (A) ANY PICTURE, PHOTOGRAPH, DRAWING, SCULPTURE, MOTION PICTURE FILM, OR SIMILAR VISUAL REPRESENTATION OR IMAGE OF A PERSON OR PORTION OF THE HUMAN BODY WHICH DEPICTS NUDITY, SEXUAL CONDUCT OR SADOMASOCHISTIC ABUSE AND WHICH IS HARMFUL TO MINORS; OR (B) ANY BOOK, PAMPHLET, MAGAZINE, PRINTED MATTER HOWEVER REPRODUCED, OR SOUND RECORDING WHICH CONTAINS ANY MATTER ENUMERATED IN PARAGRAPH (A) OF THIS SUBDIVISION, OR EXPLICIT AND DETAILED VERBAL DESCRIPTIONS OR NARRATIVE ACCOUNTS OF SEXUAL EXCITEMENT, SEXUAL CONDUCT OR SADOMASOCHIS- TIC ABUSE AND WHICH, TAKEN AS A WHOLE, IS HARMFUL TO MINORS; OR 2. KNOWING THE CHARACTER AND CONTENT OF A MOTION PICTURE, SHOW OR OTHER PRESENTATION WHICH, IN WHOLE OR IN PART, DEPICTS NUDITY, SEXUAL CONDUCT OR SADOMASOCHISTIC ABUSE, AND WHICH IS HARMFUL TO MINORS, HE OR SHE: (A) EXHIBITS SUCH MOTION PICTURE, SHOW OR OTHER PRESENTATION TO A MINOR FOR MONETARY CONSIDERATION; OR (B) SELLS TO A MINOR AN ADMISSION TICKET OR PASS TO PREMISES WHEREON THERE IS EXHIBITED OR TO BE EXHIBITED SUCH MOTION PICTURE, SHOW OR OTHER PRESENTATION; OR (C) ADMITS A MINOR FOR A MONETARY CONSIDERATION TO PREMISES WHEREON THERE IS EXHIBITED OR TO BE EXHIBITED SUCH MOTION PICTURE SHOW OR OTHER PRESENTATION; OR 3. KNOWING THE CHARACTER AND CONTENT OF THE COMMUNICATION WHICH, IN WHOLE OR IN PART, DEPICTS OR DESCRIBES, EITHER IN WORDS OR IMAGES ACTUAL OR SIMULATED NUDITY, SEXUAL CONDUCT OR SADOMASOCHISTIC ABUSE, AND WHICH IS HARMFUL TO MINORS, HE OR SHE INTENTIONALLY USES ANY COMPUTER COMMUNI- CATION SYSTEM ALLOWING THE INPUT, OUTPUT, EXAMINATION OR TRANSFER, OF COMPUTER DATA OR COMPUTER PROGRAMS FROM ONE COMPUTER TO ANOTHER, TO INITIATE OR ENGAGE IN SUCH COMMUNICATION WITH A PERSON WHO IS A MINOR. DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE IS A CLASS E FELONY. S 263.03 DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE. A PERSON IS GUILTY OF DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE WHEN: 1. KNOWING THE CHARACTER AND CONTENT OF THE COMMUNICATION WHICH, IN WHOLE OR IN PART, DEPICTS OR DESCRIBES, EITHER IN WORDS OR IMAGES ACTUAL OR SIMULATED NUDITY, SEXUAL CONDUCT OR SADOMASOCHISTIC ABUSE, AND WHICH IS HARMFUL TO MINORS, HE OR SHE INTENTIONALLY USES ANY TELEPHONIC COMMU- NICATION, ELECTRONIC COMMUNICATION OR COMPUTER COMMUNICATION SYSTEM ALLOWING THE INPUT, OUTPUT, EXAMINATION OR TRANSFER, OF COMPUTER DATA OR COMPUTER PROGRAMS FROM ONE COMPUTER TO ANOTHER, TO INITIATE OR ENGAGE IN SUCH COMMUNICATION WITH A PERSON WHO IS A MINOR OR A PERSON WHO, REGARD- LESS OF HIS OR HER AGE, IS A POLICE OFFICER AND THE ACTOR REASONABLY BELIEVES SUCH OFFICER TO BE A MINOR; AND
2. BY MEANS OF SUCH COMMUNICATION HE OR SHE IMPORTUNES, INVITES OR INDUCES A MINOR OR A PERSON WHO, REGARDLESS OF HIS OR HER AGE, IS A POLICE OFFICER AND THE ACTOR REASONABLY BELIEVES SUCH OFFICER TO BE A MINOR TO ENGAGE IN SEXUAL INTERCOURSE, ORAL SEXUAL CONDUCT OR ANAL SEXU- AL CONDUCT, OR SEXUAL CONTACT WITH HIM OR HER, OR TO ENGAGE IN A SEXUAL PERFORMANCE, OBSCENE SEXUAL PERFORMANCE, OR SEXUAL CONDUCT FOR HIS OR HER BENEFIT. DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE IS A CLASS C FELONY. S 263.04 DISSEMINATING INDECENT MATERIAL TO MINORS; PRESUMPTION AND DEFENSES. 1. A PERSON WHO ENGAGES IN THE CONDUCT PROSCRIBED BY SECTION 263.02 OF THIS ARTICLE IS PRESUMED TO DO SO WITH KNOWLEDGE OF THE CHARACTER AND CONTENT OF THE MATERIAL SOLD OR LOANED, OR THE MOTION PICTURE, SHOW OR PRESENTATION EXHIBITED OR TO BE EXHIBITED. 2. IN ANY PROSECUTION FOR DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE PURSUANT TO SUBDIVISION ONE OR TWO OF SECTION 263.02 OF THIS ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT: (A) THE DEFENDANT HAD REASONABLE CAUSE TO BELIEVE THAT THE MINOR INVOLVED WAS SEVENTEEN YEARS OLD OR MORE; AND (B) SUCH MINOR EXHIBITED TO THE DEFENDANT A DRAFT CARD, DRIVER'S LICENSE, BIRTH CERTIFICATE OR OTHER OFFICIAL OR APPARENTLY OFFICIAL DOCUMENT PURPORTING TO ESTABLISH THAT SUCH MINOR WAS SEVENTEEN YEARS OLD OR MORE. 3. IN ANY PROSECUTION FOR DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE IN VIOLATION OF SUBDIVISION THREE OF SECTION 263.02 OF THIS ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE PERSONS TO WHOM ALLEGEDLY OBSCENE OR INDECENT MATERIAL WAS DISSEMINATED, OR THE AUDIENCE TO AN ALLEGEDLY OBSCENE PERFORMANCE, CONSISTED OF PERSONS OR INSTI- TUTIONS HAVING SCIENTIFIC, EDUCATIONAL, GOVERNMENTAL OR OTHER SIMILAR JUSTIFICATION FOR POSSESSING, DISSEMINATING OR VIEWING THE SAME. 4. IN ANY PROSECUTION FOR DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE PURSUANT TO SUBDIVISION THREE OF SECTION 263.02 OF THIS ARTICLE OR DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE PURSUANT TO SECTION 263.03 OF THIS ARTICLE, IT SHALL BE A DEFENSE THAT: (A) THE DEFENDANT MADE A REASONABLE EFFORT TO ASCERTAIN THE TRUE AGE OF THE MINOR AND WAS UNABLE TO DO SO AS A RESULT OF ACTIONS TAKEN BY THE MINOR; OR (B) THE DEFENDANT HAS TAKEN, IN GOOD FAITH, REASONABLE, EFFECTIVE AND APPROPRIATE ACTIONS UNDER THE CIRCUMSTANCES TO RESTRICT OR PREVENT ACCESS BY MINORS TO MATERIALS SPECIFIED IN SUCH SUBDIVISION, WHICH MAY INVOLVE ANY APPROPRIATE MEASURES TO RESTRICT MINORS FROM ACCESS TO SUCH COMMUNICATIONS, INCLUDING ANY METHOD WHICH IS FEASIBLE UNDER AVAILABLE TECHNOLOGY; OR (C) THE DEFENDANT HAS RESTRICTED ACCESS TO SUCH MATERIALS BY REQUIRING USE OF A VERIFIED CREDIT CARD, DEBIT ACCOUNT, ADULT ACCESS CODE OR ADULT PERSONAL IDENTIFICATION NUMBER; OR (D) THE DEFENDANT HAS IN GOOD FAITH ESTABLISHED A MECHANISM SUCH THAT THE LABELLING, SEGREGATION OR OTHER MECHANISM ENABLES SUCH MATERIAL TO BE AUTOMATICALLY BLOCKED OR SCREENED BY SOFTWARE OR OTHER CAPABILITIES REASONABLY AVAILABLE TO RESPONSIBLE ADULTS WISHING TO EFFECT SUCH BLOCK- ING OR SCREENING AND THE DEFENDANT HAS NOT OTHERWISE SOLICITED MINORS NOT SUBJECT TO SUCH SCREENING OR BLOCKING CAPABILITIES TO ACCESS THAT MATERIAL OR TO CIRCUMVENT ANY SUCH SCREENING OR BLOCKING. S 263.05 DISSEMINATING INDECENT MATERIAL TO MINORS; LIMITATIONS.
IN ANY PROSECUTION FOR DISSEMINATING INDECENT MATERIAL TO MINORS IN THE SECOND DEGREE PURSUANT TO SUBDIVISION THREE OF SECTION 263.02 OF THIS ARTICLE OR DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE PURSUANT TO SECTION 263.03 OF THIS ARTICLE: 1. NO PERSON SHALL BE HELD TO HAVE VIOLATED SUCH PROVISIONS SOLELY FOR PROVIDING ACCESS OR CONNECTION TO OR FROM A FACILITY, SYSTEM, OR NETWORK NOT UNDER THAT PERSON'S CONTROL, INCLUDING TRANSMISSION, DOWNLOADING, INTERMEDIATE STORAGE, ACCESS SOFTWARE, OR OTHER RELATED CAPABILITIES THAT ARE INCIDENTAL TO PROVIDING SUCH ACCESS OR CONNECTION THAT DO NOT INCLUDE THE CREATION OF THE CONTENT OF THE COMMUNICATION. (A) THE LIMITATIONS PROVIDED BY THIS SUBDIVISION SHALL NOT BE APPLICA- BLE TO A PERSON WHO IS A CONSPIRATOR WITH AN ENTITY ACTIVELY INVOLVED IN THE CREATION OR KNOWING DISTRIBUTION OF COMMUNICATIONS THAT VIOLATE SUCH PROVISIONS, OR WHO KNOWINGLY ADVERTISES THE AVAILABILITY OF SUCH COMMU- NICATIONS. (B) THE LIMITATIONS PROVIDED BY THIS SUBDIVISION SHALL NOT BE APPLICA- BLE TO A PERSON WHO PROVIDES ACCESS OR CONNECTION TO A FACILITY, SYSTEM, OR NETWORK ENGAGED IN THE VIOLATION OF SUCH PROVISIONS THAT IS OWNED OR CONTROLLED BY SUCH PERSON. 2. NO EMPLOYER SHALL BE HELD LIABLE UNDER SUCH PROVISIONS FOR THE ACTIONS OF AN EMPLOYEE OR AGENT UNLESS THE EMPLOYEE'S OR AGENT'S CONDUCT IS WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT OR AGENCY AND THE EMPLOYER HAVING KNOWLEDGE OF SUCH CONDUCT, AUTHORIZES OR RATIFIES SUCH CONDUCT, OR RECKLESSLY DISREGARDS SUCH CONDUCT. S 263.06 USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE SECOND DEGREE. A PERSON IS GUILTY OF THE USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE SECOND DEGREE IF KNOWING THE CHARACTER AND CONTENT THEREOF HE OR SHE EMPLOYS, AUTHORIZES OR INDUCES A MINOR TO ENGAGE IN A SEXUAL PERFORMANCE OR OBSCENE SEXUAL PERFORMANCE OR BEING A PARENT, LEGAL GUARDIAN OR CUSTODIAN OF SUCH MINOR, HE OR SHE CONSENTS TO THE PARTICIPATION BY SUCH MINOR IN A SEXUAL PERFORMANCE OR OBSCENE SEXUAL PERFORMANCE. USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE SECOND DEGREE IS A CLASS C FELONY. S 263.07 USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE. A PERSON IS GUILTY OF THE USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE IF KNOWING THE CHARACTER AND CONTENT THEREOF HE OR SHE EMPLOYS, AUTHORIZES OR INDUCES A CHILD LESS THAN ELEVEN YEARS OF AGE TO ENGAGE IN A SEXUAL PERFORMANCE OR OBSCENE SEXUAL PERFORMANCE OR BEING A PARENT, LEGAL GUARDIAN OR CUSTODIAN OF SUCH CHILD, HE OR SHE CONSENTS TO THE PARTICIPATION BY SUCH CHILD IN A SEXUAL PERFORMANCE OR OBSCENE SEXU- AL PERFORMANCE. USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE IS A CLASS B FELONY. S 263.08 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 OR SHE PRODUCES, DIRECTS OR PROMOTES ANY OBSCENE PERFORMANCE WHICH INCLUDES SEXUAL CONDUCT, OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT, BY A MINOR. PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY. 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, DIRECTS OR PROMOTES: 1. TEN OR MORE OBSCENE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT, OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT, BY A MINOR; OR 2. ANY OBSCENE PERFORMANCE WHICH INCLUDES SEXUAL CONDUCT, OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT, BY A MINOR AND HE OR SHE PROMOTES SUCH PERFORMANCE TO A MINOR, OR A PERSON WHO, REGARDLESS OF HIS OR HER AGE, IS A POLICE OFFICER AND THE ACTOR REASONABLY BELIEVES SUCH OFFICER TO BE A MINOR. PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY. S 263.10 POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE THIRD DEGREE. A PERSON IS GUILTY OF POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE THIRD DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THERE- OF, HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL ANY OBSCENE PERFORMANCE WHICH INCLUDES SEXUAL CONDUCT OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT BY A MINOR. POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE THIRD DEGREE IS A CLASS E FELONY. S 263.11 POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE. A PERSON IS GUILTY OF POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THER- EOF, HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL TEN OR MORE OBSCENE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT OR WHAT REASON- ABLY APPEARS TO BE SEXUAL CONDUCT BY A MINOR. POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY. S 263.12 POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE. A PERSON IS GUILTY OF POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THERE- OF, HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL ONE HUNDRED OR MORE OBSCENE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT BY A MINOR. POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY. S 263.13 PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE. A PERSON IS GUILTY OF PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE PRODUCES, DIRECTS OR PROMOTES ANY PERFORMANCE WHICH INCLUDES SEXUAL CONDUCT BY A MINOR. PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY. S 263.14 PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE. A PERSON IS GUILTY OF PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE PRODUCES, DIRECTS OR PROMOTES: 1. TEN OR MORE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT, OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT, BY A MINOR; OR 2. ANY PERFORMANCE WHICH INCLUDES SEXUAL CONDUCT, OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT, BY A MINOR AND HE OR SHE PROMOTES SUCH PERFORMANCE TO A MINOR, OR A PERSON WHO, REGARDLESS OF HIS OR HER AGE,
IS A POLICE OFFICER AND THE ACTOR REASONABLY BELIEVES SUCH OFFICER TO BE A MINOR. PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY. S 263.15 POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE THIRD DEGREE. A PERSON IS GUILTY OF POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE THIRD DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL ANY PERFORMANCE WHICH INCLUDES SEXUAL CONDUCT, OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT, BY A MINOR. POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE THIRD DEGREE IS A CLASS E FELONY. S 263.16 POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE. A PERSON IS GUILTY OF POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL TEN OR MORE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT BY A MINOR. POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE IS A CLASS D FELONY. S 263.17 POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE. A PERSON IS GUILTY OF POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL ONE HUNDRED OR MORE PERFORMANCES WHICH INCLUDE SEXUAL CONDUCT OR WHAT REASONABLY APPEARS TO BE SEXUAL CONDUCT BY A MINOR. POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE IS A CLASS C FELONY. S 263.18 COMPUTER SEX CRIMES AGAINST CHILDREN. 1. A PERSON COMMITS A COMPUTER SEX CRIME WHEN HE OR SHE COMMITS A SEX CRIME AGAINST A CHILD AND FACILITATED THE COMMISSION OF SUCH OFFENSE BY USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE TO COMMUNI- CATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED. 2. A "SEX CRIME AGAINST A CHILD" MEANS A FELONY OFFENSE (A) THE ESSEN- TIAL ELEMENTS OF WHICH INCLUDE THE COMMISSION OR ATTEMPTED COMMISSION OF SEXUAL CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THIS PART, OR THE USE OR PROMOTION OF A SEXUAL OR OBSCENE SEXUAL PERFORMANCE, AS DEFINED IN SECTION 263.00 OF THIS ARTICLE, (B) COMMITTED OR ATTEMPTED TO BE COMMITTED AGAINST A CHILD LESS THAN SEVENTEEN YEARS OLD. S 263.19 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES. 1. WHEN A PERSON IS CONVICTED OF A COMPUTER SEX CRIME PURSUANT TO SECTION 263.18 OF THIS ARTICLE, AND THE UNDERLYING CRIME AGAINST A CHILD IS A VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS CHAP- TER, THE COMPUTER SEX CRIME SHALL BE DEEMED A VIOLENT FELONY OFFENSE. 2. WHEN A PERSON IS CONVICTED OF A COMPUTER SEX CRIME PURSUANT TO SECTION 263.18 OF THIS ARTICLE, AND THE UNDERLYING SEX CRIME AGAINST A CHILD IS A CLASS C, D OR E FELONY, THE COMPUTER SEX CRIME SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE SEX CRIME AGAINST A CHILD THE DEFENDANT COMMITTED, OR ONE CATEGORY HIGHER THAN THE OFFENSE LEVEL APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO COMMIT A SEX CRIME AGAINST A CHILD, WHICHEVER IS APPLICABLE. 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS CONVICTED OF A COMPUTER SEX CRIME PURSUANT TO SECTION 263.18 OF THIS ARTICLE AND THE UNDERLYING SEX CRIME AGAINST A CHILD IS A CLASS B FELO- NY:
(A) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER; (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER; AND (C) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.05 OF THIS CHAPTER. S 263.20 SEXUAL PERFORMANCE BY A CHILD; AFFIRMATIVE DEFENSES. 1. UNDER THIS ARTICLE, IT SHALL BE AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT IN GOOD FAITH REASONABLY BELIEVED THE PERSON APPEARING IN THE PERFORMANCE WAS NOT A MINOR. 2. IN ANY PROSECUTION FOR ANY OFFENSE PURSUANT TO THIS ARTICLE, IT IS AN AFFIRMATIVE DEFENSE THAT THE PERSON SO CHARGED WAS A LIBRARIAN ENGAGED IN THE NORMAL COURSE OF HIS OR HER EMPLOYMENT, A MOTION PICTURE PROJECTIONIST, STAGE EMPLOYEE OR SPOTLIGHT OPERATOR, CASHIER, DOORMAN, USHER, CANDY STAND ATTENDANT, PORTER OR IN ANY OTHER NON-MANAGERIAL OR NON-SUPERVISORY CAPACITY IN A MOTION PICTURE THEATRE; PROVIDED HE OR SHE HAS NO FINANCIAL INTEREST, OTHER THAN HIS OR HER EMPLOYMENT, WHICH EMPLOYMENT DOES NOT ENCOMPASS COMPENSATION BASED UPON ANY PROPORTION OF THE GROSS RECEIPTS, IN THE PROMOTION OF A SEXUAL PERFORMANCE FOR SALE, RENTAL OR EXHIBITION OR IN THE PROMOTION, PRESENTATION OR DIRECTION OF ANY SEXUAL PERFORMANCE, OR IS IN ANY WAY RESPONSIBLE FOR ACQUIRING SUCH MATERIAL FOR SALE, RENTAL OR EXHIBITION. S 263.25 PROOF OF AGE OF CHILD. WHENEVER IT BECOMES NECESSARY FOR THE PURPOSES OF THIS ARTICLE TO DETERMINE WHETHER A CHILD WHO PARTICIPATED IN A SEXUAL PERFORMANCE WAS A MINOR, THE COURT OR JURY MAY MAKE SUCH DETERMINATION BY ANY OF THE FOLLOWING: PERSONAL INSPECTION OF THE CHILD; INSPECTION OF THE SEXUAL PERFORMANCE; ORAL TESTIMONY BY A WITNESS TO THE SEXUAL PERFORMANCE AS TO THE AGE OF THE CHILD BASED UPON THE CHILD'S APPEARANCE; EXPERT MEDICAL TESTIMONY BASED UPON THE APPEARANCE OF THE CHILD IN THE SEXUAL PERFORM- ANCE; AND ANY OTHER METHOD AUTHORIZED BY ANY APPLICABLE PROVISION OF LAW OR BY THE RULES OF EVIDENCE AT COMMON LAW. S 38. Paragraph (a) of subdivision 1 of section 460.10 of the penal law, as amended by chapter 405 of the laws of 2010, is amended to read as follows: (a) Any of the felonies set forth in this chapter: sections 120.05, 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat- ing to strangulation; sections 125.10 to 125.27 relating to homicide; sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 135.25 relating to kidnapping; section 135.35 relating to labor traf- ficking; section 135.65 relating to coercion; sections 140.20, 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12 relating to criminal mischief; article one hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health care fraud; article one hundred sixty relating to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of stolen property; sections 165.72 and 165.73 relating to trademark coun- terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating to criminal diversion of prescription medications and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery; sections 187.10, 187.15, 187.20 and 187.25 relating to residential mortgage fraud, sections 190.40 and 190.42 relating to criminal usury; section 190.65 relating to schemes to defraud; sections 205.60 and 205.65 relating to hindering prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and contempt; section 215.40 relating to tampering with physical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled substances; sections 225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and 230.32 relating to promoting prostitution; section 230.34 relating to sex trafficking; sections 235.06[,] AND 235.07[, 235.21 and 235.22] relating to obscenity; sections [263.10] 263.01, 263.02, 263.03, 263.06, 263.07, 263.08, 263.09, 263.13 and [263.15] 263.14 relating to [promoting a sexual performance by a] child SEXUAL ABUSE, EXPLOITATION AND PORNOGRAPHY; SECTION 263.18 RELATING TO SEX CRIMES AGAINST CHILDREN; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the provisions of section 265.10 which constitute a felony relating to firearms and other dangerous weapons; and sections 265.14 and 265.16 relating to criminal sale of a firearm; and section 275.10, 275.20, 275.30, or 275.40 relating to unauthorized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating to money laun- dering; or S 39. Subdivision 1 of section 50-b of the civil rights law, as amended by chapter 320 of the laws of 2006, is amended to read as follows: 1. The identity of any victim of a sex offense, as defined in article one hundred thirty, ARTICLE TWO HUNDRED SIXTY-THREE or section 255.25, 255.26 or 255.27 of the penal law, or of an offense involving the alleged transmission of the human immunodeficiency virus, shall be confidential. No report, paper, picture, photograph, court file or other documents, in the custody or possession of any public officer or employ- ee, which identifies such a victim shall be made available for public inspection. No such public officer or employee shall disclose any portion of any police report, court file, or other document, which tends to identify such a victim except as provided in subdivision two of this section. S 40. Subdivision 2 of section 61 of the civil rights law, as amended by section 54 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 2. If the petitioner stands convicted of a violent felony offense as defined in section 70.02 of the penal law or a felony defined in article one hundred twenty-five of such law or any of the following provisions of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-A, subdivision two of section 230.30 or 230.32, and is currently confined as an inmate in any correctional facility or currently under the supervision of the department of corrections and community super- vision or a county probation department as a result of such conviction, the petition shall for each such conviction specify such felony conviction, the date of such conviction or convictions, and the court in which such conviction or convictions were entered. S 41. Subdivision 2 of section 62 of the civil rights law, as amended by section 55 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:
2. If the petition be to change the name of a person currently confined as an inmate in any correctional facility or currently under the supervision of the department of corrections and community super- vision or a county probation department as a result of a conviction for a violent felony offense as defined in section 70.02 of the penal law or a felony defined in article one hundred twenty-five of such law or any of the following provisions of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-A, subdivision two of section 230.30 or 230.32, notice of the time and place when and where the petition will be presented shall be served, in like manner as a notice of a motion upon an attorney in an action, upon the district attorney of every county in which such person has been convicted of such felony and upon the court or courts in which the sentence for such felony was entered. Unless a shorter period of time is ordered by the court, said notice shall be served upon each such district attorney and court or courts not less than sixty days prior to the date on which such petition is noticed to be heard. S 42. The closing paragraph of section 64 of the civil rights law, as separately amended by chapters 258, 320 and 481 of the laws of 2006, is amended to read as follows: Upon compliance with the order and the filing of the affidavit of the publication, as provided in this section, the clerk of the court in which the order has been entered shall certify that the order has been complied with; and, if the petition states that the petitioner stands convicted of a violent felony offense as defined in section 70.02 of the penal law or a felony defined in article one hundred twenty-five of such law or any of the following provisions of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-A, subdivision two of section 230.30 or 230.32, such clerk (1) shall deliver, by first class mail, a copy of such certified order to the division of criminal justice services at its office in the county of Albany and (2) upon the clerk of the court reviewing the petitioner's application for name change and subsequent in-court inquiry, may, in the clerk's discretion, deliver, by first class mail, the petitioner's new name with such certi- fied order to the court of competent jurisdiction which imposed the orders of support. Such certification shall appear on the original order and on any certified copy thereof and shall be entered in the clerk's minutes of the proceeding. S 43. Paragraph (d) of subdivision 7 of section 995 of the executive law, as amended by chapter 2 of the laws of 2006, is amended to read as follows: (d) any of the following felonies, or an attempt thereof where such attempt is a felony offense: aggravated assault upon a person less than eleven years old, as defined in section 120.12 of the penal law; menacing in the first degree, as defined in section 120.13 of the penal law; reckless endan- germent in the first degree, as defined in section 120.25 of the penal law; stalking in the second degree, as defined in section 120.55 of the penal law; criminally negligent homicide, as defined in section 125.10 of the penal law; vehicular manslaughter in the second degree, as defined in section 125.12 of the penal law; vehicular manslaughter in the first degree, as defined in section 125.13 of the penal law; persistent sexual abuse, as defined in section 130.53 of the penal law; aggravated sexual abuse in the fourth degree, as defined in section
130.65-a of the penal law; female genital mutilation, as defined in section 130.85 of the penal law; facilitating a sex offense with a controlled substance, as defined in section 130.90 of the penal law; unlawful imprisonment in the first degree, as defined in section 135.10 of the penal law; custodial interference in the first degree, as defined in section 135.50 of the penal law; criminal trespass in the first degree, as defined in section 140.17 of the penal law; criminal tamper- ing in the first degree, as defined in section 145.20 of the penal law; tampering with a consumer product in the first degree, as defined in section 145.45 of the penal law; robbery in the third degree as defined in section 160.05 of the penal law; identity theft in the second degree, as defined in section 190.79 of the penal law; identity theft in the first degree, as defined in section 190.80 of the penal law; promoting prison contraband in the first degree, as defined in section 205.25 of the penal law; tampering with a witness in the third degree, as defined in section 215.11 of the penal law; tampering with a witness in the second degree, as defined in section 215.12 of the penal law; tampering with a witness in the first degree, as defined in section 215.13 of the penal law; criminal contempt in the first degree, as defined in subdivi- sions (b), (c) and (d) of section 215.51 of the penal law; aggravated criminal contempt, as defined in section 215.52 of the penal law; bail jumping in the second degree, as defined in section 215.56 of the penal law; bail jumping in the first degree, as defined in section 215.57 of the penal law; patronizing a prostitute in the second degree, as defined in section 230.05 of the penal law; patronizing a prostitute in the first degree, as defined in section 230.06 of the penal law; SEXUAL EXPLOITATION OF A CHILD, AS DEFINED IN SECTION 230.06-A; promoting pros- titution in the second degree, as defined in section 230.30 of the penal law; promoting prostitution in the first degree, as defined in section 230.32 of the penal law; compelling prostitution, as defined in section 230.33 of the penal law; disseminating indecent [materials] MATERIAL to minors in the second degree, as defined in section [235.21] 263.02 of the penal law; disseminating indecent [materials] MATERIAL to minors in the first degree, as defined in section [235.22] 263.03 of the penal law; riot in the first degree, as defined in section 240.06 of the penal law; criminal anarchy, as defined in section 240.15 of the penal law; aggravated harassment of an employee by an inmate, as defined in section 240.32 of the penal law; unlawful surveillance in the second degree, as defined in section 250.45 of the penal law; unlawful surveillance in the first degree, as defined in section 250.50 of the penal law; endangering the welfare of a vulnerable elderly person in the second degree, as defined in section 260.32 of the penal law; endangering the welfare of a vulnerable elderly person in the first degree, as defined in section 260.34 of the penal law; use of a child in a sexual performance IN THE SECOND DEGREE, as defined in section [263.05] 263.06 of the penal law; USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE, AS DEFINED IN SECTION 263.07 OF THE PENAL LAW; promoting an obscene sexual perform- ance by a child IN THE SECOND DEGREE, as defined in section [263.10] 263.08 of the penal law; PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE, AS DEFINED IN SECTION 263.09 OF THE PENAL LAW; POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE THIRD DEGREE, AS DEFINED IN SECTION 263.10 OF THE PENAL LAW; POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE, AS DEFINED IN SECTION 263.11 OF THE PENAL LAW; possessing an obscene sexual performance by a child IN THE FIRST DEGREE, as defined in section [263.11] 263.12 of the penal law; promoting a sexual performance by a
child[, as defined in section 263.15 of the penal law; possessing a sexual performance by a child, as defined in section 263.16] IN THE SECOND DEGREE, AS DEFINED IN SECTION 263.13 OF THE PENAL LAW; PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE, AS DEFINED IN SECTION 263.14 OF THE PENAL LAW; POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE THIRD DEGREE, AS DEFINED IN SECTION 263.15 OF THE PENAL LAW; POSSESSING A SEXUAL PERFORMANCE BY A CHILD IN THE SECOND DEGREE, AS DEFINED IN SECTION 263.16 OF THE PENAL LAW; POSSESSING A SEXUAL PERFORM- ANCE BY A CHILD IN THE FIRST DEGREE, AS DEFINED IN SECTION 263.17 of the penal law; criminal possession of a weapon in the third degree, as defined in section 265.02 of the penal law; criminal sale of a firearm in the third degree, as defined in section 265.11 of the penal law; criminal sale of a firearm to a minor, as defined in section 265.16 of the penal law; unlawful wearing of a body vest, as defined in section 270.20 of the penal law; hate crimes as defined in section 485.05 of the penal law; and crime of terrorism, as defined in section 490.25 of the penal law; or S 44. Subdivision 2 of section 344.4 of the family court act, as added by chapter 761 of the laws of 1987, is amended to read as follows: 2. proves or tends to prove that the victim has been convicted of an offense under section 230.00 OR 230.01 of the penal law within three years prior to the sex offense which is the subject of the juvenile delinquency proceeding; or S 45. Subdivisions (f) and (p) of section 10.03 of the mental hygiene law, subdivision (f) as amended by chapter 405 of the laws of 2010 and subdivision (p) as added by chapter 7 of the laws of 2007, are amended to read as follows: (f) "Designated felony" means any felony offense defined by any of the following provisions of the penal law: assault in the second degree as defined in section 120.05, assault in the first degree as defined in section 120.10, gang assault in the second degree as defined in section 120.06, gang assault in the first degree as defined in section 120.07, stalking in the first degree as defined in section 120.60, strangulation in the second degree as defined in section 121.12, strangulation in the first degree as defined in section 121.13, manslaughter in the second degree as defined in subdivision one of section 125.15, manslaughter in the first degree as defined in section 125.20, murder in the second degree as defined in section 125.25, aggravated murder as defined in section 125.26, murder in the first degree as defined in section 125.27, kidnapping in the second degree as defined in section 135.20, kidnapping in the first degree as defined in section 135.25, burglary in the third degree as defined in section 140.20, burglary in the second degree as defined in section 140.25, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, arson in the first degree as defined in section 150.20, robbery in the third degree as defined in section 160.05, robbery in the second degree as defined in section 160.10, robbery in the first degree as defined in section 160.15, promoting prostitution in the second degree as defined in section 230.30, promoting prostitution in the first degree as defined in section 230.32, compelling prostitution as defined in section 230.33, disseminating indecent material to minors in the first degree as defined in section [235.22] 263.03, use of a child in a sexual performance IN THE SECOND DEGREE as defined in section [263.05] 263.06, USE OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 263.07, promoting an obscene sexual performance by a child IN THE SECOND DEGREE as defined in section [263.10] 263.08, PROMOTING AN OBSCENE SEXU-
AL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.09, promoting a sexual performance by a child IN THE SECOND DEGREE as defined in section [263.15] 263.13, PROMOTING A SEXUAL PERFORMANCE BY A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 263.14, or any felony attempt or conspiracy to commit any of the foregoing offenses. (p) "Sex offense" means an act or acts constituting: (1) any felony defined in article one hundred thirty of the penal law, including a sexually motivated felony; (2) patronizing a prostitute in the first degree as defined in section 230.06 of the penal law, incest in the second degree as defined in section 255.26 of the penal law, SEXUAL EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A OF THE PENAL LAW, or incest in the first degree as defined in section 255.27 of the penal law; (3) a felony attempt or conspiracy to commit any of the foregoing offenses set forth in this subdivision; or (4) a designated felony, as defined in subdivision (f) of this section, if sexually motivated and committed prior to the effective date of this article. S 46. Subdivision 2 of section 353 of the multiple dwelling law, as amended by chapter 680 of the laws of 1967, is amended to read as follows: 2. If there be two or more convictions in such dwelling within a peri- od of six months, under sections 230.00, 230.01, 230.25, [or] 230.40 OR 230.45 of the penal law. S 47. Subdivision 1 of section 2302 of the public health law, as amended by chapter 680 of the laws of 1967, is amended to read as follows: 1. Every person arrested charged with a violation of section 230.00 [or], 230.01, 230.40 OR 230.45 of the penal law, or arrested for failure to comply with the order of a judge or justice issued pursuant to the provisions of section two thousand three hundred one of this chapter, or any person arrested for frequenting disorderly houses or houses of pros- titution, shall be reported within twenty-four hours by the court or magistrate before whom such person is arraigned to the health officer of the health district in which the alleged offense occurred, and shall be examined in accordance with the provisions of section two thousand three hundred of this chapter. S 48. Paragraph (b) of subdivision 3 of section 2324 of the public health law, as amended by chapter 680 of the laws of 1967, is amended to read as follows: (b) An admission or finding of guilt of any person of a violation of section 230.40 OR 230.45 of the penal law at such place shall be presumptive evidence of the nuisance, and a plea of guilty or a conviction in a criminal action of maintaining a nuisance at the place described in the complaint shall be prima facie evidence of the nuisance, and the records of any court in the jurisdiction shall be admissible as evidence to prove the conviction or plea of guilty. S 49. Section 2324-a of the public health law, as amended by chapter 260 of the laws of 1978, is amended to read as follows: S 2324-a. Presumptive evidence. For the purposes of this title, two or more convictions of any person or persons had, within a period of one year, for any of the offenses described in section 230.00, 230.01, 230.05, 230.20, 230.25 or 230.30 of the penal law arising out of conduct engaged in at the same real property consisting of a dwelling as that term is defined in subdivision four of section four of the multiple dwelling law shall be presumptive evidence of conduct constituting use of the premises for purposes of prostitution.
S 50. Subdivisions 1 and 4 of section 126 of the alcoholic beverage control law, as amended by section 50 of subpart B of part C of chapter 62 of the laws of 2011, are amended to read as follows: 1. Except as provided in subdivision one-a of this section, a person who has been convicted of a felony or any of the misdemeanors mentioned in section eleven hundred forty-six of the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven, or of an offense defined in section 230.20 [or], 230.40 OR 230.45 of the penal law, unless subsequent to such conviction such person shall have received an executive pardon therefor removing this disability, a certificate of good conduct granted by the department of corrections and community supervision, or a certificate of relief from disabilities granted by the department of corrections and community supervision or a court of this state pursuant to the provisions of arti- cle twenty-three of the correction law to remove the disability under this section because of such conviction. 4. A copartnership or a corporation, unless each member of the part- nership, or each of the principal officers and directors of the corpo- ration, is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, not less than twenty-one years of age, and has not been convicted of any felony or any of the misdemeanors, specified in section eleven hundred forty-six of the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven, or of an offense defined in section 230.20 [or], 230.40 OR 230.45 of the penal law, or if so convicted has received, subsequent to such conviction, an executive pardon therefor removing this disability a certificate of good conduct granted by the department of corrections and community supervision, or a certificate of relief from disabilities granted by the department of corrections and community supervision, or a court of this state pursuant to the provisions of article twenty-three of the correction law to remove the disability under this section because of such conviction; provided however that a corporation which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and more than one-half of its directors are citizens of the United States or aliens lawfully admitted for permanent residence in the United States; and provided further that a corporation organized under the not-for-profit corporation law or the education law which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal officers and more than one-half of its direc- tors are not less than twenty-one years of age and none of its directors are less than eighteen years of age; and provided further that a corpo- ration organized under the not-for-profit corporation law or the educa- tion law and located on the premises of a college as defined by section two of the education law which otherwise conforms to the requirements of this section and chapter may be licensed if each of its principal offi- cers and each of its directors are not less than eighteen years of age. S 51. Subdivision 2 of section 715 of the real property actions and proceedings law, as added by chapter 494 of the laws of 1976, is amended to read as follows: 2. For purposes of this section, two or more convictions of any person or persons had, within a period of one year, for any of the offenses described in section 230.00, 230.01, 230.05, 230.20, 230.25, 230.30 [or], 230.40 OR 230.45 of the penal law arising out of conduct engaged in at the same real property consisting of a dwelling as that term is defined in subdivision four of section four of the multiple dwelling law
shall be presumptive evidence of conduct constituting use of the prem- ises for purposes of prostitution. S 52. Subdivision 3 of section 231 of the real property law, as amended by chapter 203 of the laws of 1980, is amended to read as follows: 3. For the purposes of this section, two or more convictions of any person or persons had, within a period of one year, for any of the offenses described in section 230.00, 230.01, 230.05, 230.20, 230.25, 230.30, [or] 230.40 OR 230.45 of the penal law arising out of conduct engaged in at the same premises consisting of a dwelling as that term is defined in subdivision four of section four of the multiple dwelling law shall be presumptive evidence of unlawful use of such premises and of the owners knowledge of the same. S 53. Subdivision 2 of section 35.07 of the arts and cultural affairs law, as added by chapter 160 of the laws of 2007, is amended to read as follows: 2. It shall be unlawful for any person to employ, use or exhibit any person under eighteen years of age as a dancer or performer in any portion of a facility open to the public wherein performers appear and dance or otherwise perform unclothed, under circumstances in which such employment would be harmful to such person in the manner defined in subdivision [six] TWELVE of section [235.20] 263.00 of the penal law. S 54. Subdivision 1 of section 390-c of the general business law, as added by chapter 160 of the laws of 2007, is amended to read as follows: 1. No person under the age of eighteen years shall be admitted to any portion of a facility open to the public wherein performers appear and dance or otherwise perform unclothed, under circumstances where viewing such dancing or performance would be harmful to such person, in the manner described in subdivision [six] TWELVE of section [235.20] 263.00 of the penal law. S 55. Paragraph s of subdivision 2 of section 133 of the labor law, as added by chapter 160 of the laws of 2007, is amended to read as follows: s. as a dancer or performer in any portion of a facility open to the public wherein performers appear and dance or otherwise perform unclothed, under circumstances in which such employment would be harmful to such person in the manner defined in subdivision [six] TWELVE of section [235.20] 263.00 of the penal law. S 56. Subdivision 6 of section 6330 of the civil practice law and rules, as amended by chapter 826 of the laws of 1972, is amended to read as follows: 6. The court, in its adjudication, may (1) grant the relief sought (2) deny the relief sought or (3) enjoin the sale, further sale, display, distribution, further distribution, acquisition, publication, or possession of the material, to persons under the age of seventeen, upon a finding that the material is of the kind described in paragraph [a] (A) or [b] (B) of subdivision one of section [235.21] 263.02 of the penal law. S 57. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of the vehicle and traffic law, paragraph (b) as amended by chapter 400 of the laws of 2011, are amended to read as follows: (b) The offenses referred to in subparagraph (ii) of paragraph (a) of subdivision one and paragraph (b) of subdivision two of this section that result in permanent disqualification shall include a conviction under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 263.06, 263.07,
263.08, 263.09, 263.13, 263.14, 265.04 OR ARTICLE TWO HUNDRED SIXTY-THREE of the penal law or an attempt to commit any of the afore- said offenses under section 110.00 of the penal law, or any offenses committed under a former section of the penal law which would constitute violations of the aforesaid sections of the penal law, or any offenses committed outside this state which would constitute violations of the aforesaid sections of the penal law. (c) The offenses referred to in subparagraph (i) of paragraph (b) of subdivision one and subparagraph (i) of paragraph (c) of subdivision two of this section that result in disqualification for a period of five years shall include a conviction under sections 100.10, 105.13, 115.05, 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00, 230.01, 230.05, 230.06, 230.06-A, 230.20, 235.05, 235.06, 235.07, [235.21,] 240.06, 245.00, 260.10, subdivision two of section 260.20 and sections 260.25, 263.02, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law or an attempt to commit any of the aforesaid offenses under section 110.00 of the penal law, or any similar offenses committed under a former section of the penal law, or any offenses committed under a former section of the penal law which would constitute violations of the aforesaid sections of the penal law, or any offenses committed outside this state which would constitute violations of the aforesaid sections of the penal law. S 58. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

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