Senate Bill S6379

2013-2014 Legislative Session

Increases the penalties for sexual performances by a child and provides for consecutive sentencing upon certain multiple convictions

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S6379 (ACTIVE) - Details

See Assembly Version of this Bill:
A2784
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§263.00, 263.05, 263.10, 263.11, 263.15, 263.16, 263.20 & 70.25, add §§263.03, 263.08 & 263.13, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6257, A2506
2011-2012: S622, A3091
2015-2016: S1740, A1997
2017-2018: S716, A2402
2019-2020: A4627
2021-2022: A3392
2023-2024: A3570

2013-S6379 (ACTIVE) - Summary

Increases the penalties for sexual performances by a child; increases age from 16 to 18 for application of existing sexual performance crimes; creates crimes of use of a child in a sexual performance in the first degree, promoting an obscene sexual performance by a child in the first degree, and promoting a sexual performance by a child in the first degree; provides for consecutive sentencing upon certain multiple convictions.

2013-S6379 (ACTIVE) - Sponsor Memo

2013-S6379 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6379

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to  increasing  the  criminal
  penalties  for  sexual  performances  by  a  child  and in relation to
  providing for consecutive sentencing upon certain multiple convictions

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

  Section 1. Subdivisions 1 and 2 of section 263.00 of the penal law, as
amended  by  chapter  1  of  the  laws  of  2000, are amended to read as
follows:
  1. "Sexual performance" means any performance or part thereof  which[,
for purposes of section 263.16 of this article,] includes sexual conduct
by  a  child less than [sixteen] EIGHTEEN years of age [or, for purposes
of section 263.05 or 263.15 of this article, includes sexual conduct  by
a child less than seventeen years of age].
  2.  "Obscene  sexual  performance"  means  any performance which[, for
purposes of section 263.11 of this article,] includes sexual conduct  by
a  child  less than [sixteen] EIGHTEEN years of age [or, for purposes of
section 263.10 of this article, includes 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 chapter.
  S 2. The penal law is amended by adding a new section 263.03  to  read
as follows:
S 263.03 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 TWELVE YEARS OF AGE TO
ENGAGE IN A 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.
  USE  OF A CHILD IN A SEXUAL PERFORMANCE IN THE FIRST DEGREE IS A CLASS
B FELONY.
  S 3. Section 263.05 of the penal law, as amended by chapter 1  of  the
laws of 2000, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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