BILL NUMBER:S5284

TITLE OF BILL:  An act to amend the penal law, in relation to
increasing penalties for crimes related to sexual performances by a
child

PURPOSE:

This bill increases the penalties for persons convicted of knowingly
possessing or promoting an obscene sexual performance by a child.

SUMMARY OF PROVISIONS:

Section 1 amends section 263.10 of the penal law to increase the
penalty from a D felony to a C felony for a person found guilty of
promoting an obscene sexual performance by a child when, knowing the
character and content thereof, he produces, directs or promotes any
obscene performance which includes sexual conduct by a child less than
seventeen years of age.

Section 2 also amends section 263.11 of the penal law to increase the
penalty from an E felony to a D felony for a person found guilty of
possessing an obscene sexual performance by a child when, knowing the
character and content thereof, he knowingly has in his possession or
control, or knowingly accesses with intent to view, any obscene
performance which includes sexual conduct by a child less than sixteen
              

years of age.

JUSTIFICATION:

Data derived from a 2000 study by the Federal Bureau of Prisons
indicated that 76 percent of offenders convicted of Internet-related
child pornography reported having sexual contact with children in the
past and had an average of 30.5 child sexual victims each. According
to studies published by the National District Attorneys Association,
child sexual abusers frequently use pornographic images to "groom"
child victims prior to committing sexual abuse.

Evidence gathered from law enforcement investigations has indicated
that offenders who promote or possess child pornography often also
actively pursuing sexual acts with children. Therefore, those in the
criminal justice field agree that owning and viewing child
pornographic pictures typically extends beyond viewing pictures and
most often involves the actual sexual abuse of children.

New York State currently has one of the weakest child pornography
possession and promotion charges. This bill seeks to strengthen the
Penalties for those found guilty of possession or promotion of child
pornography primarily to prevent such persons from being able actively
engage in sexual acts with children. This bill also seeks to ensure
that those found guilty of possession or promotion of child
pornography will be identified and registered as a sex offender under
the New York State Sex Offender Registry to further protect potential
victims.

LEGISLATIVE HISTORY:


New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The act shall take effect on the ninetieth day after it shall have
become a law and shall apply to all crimes committed on or after such
effective date.