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BILL NUMBER:S7407

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

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

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

PRIOR LEGISLATIVE HISTORY: None.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

S. 7407                                                 A. 10161

S E N A T E - A S S E M B L Y

May 9, 2012
___________

IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. LENTOL -- read once  and  referred
  to the Committee on Codes

AN  ACT  to  amend  the  penal law, in relation to amending the crime of
  possessing an obscene sexual performance by a child to  include  know-
  ingly accessing such material with intent to view

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

  Section 1. Section 263.11 of the penal law, as added by chapter 11  of
the laws of 1996, is amended to read as follows:
S 263.11 Possessing an obscene sexual performance by a child.
  A  person  is  guilty of possessing an obscene sexual performance by a
child when, knowing the character and content thereof, he knowingly  has
in his possession or control, OR KNOWINGLY ACCESSES WITH INTENT TO VIEW,
any  obscene  performance  which includes sexual conduct by a child less
than sixteen years of age.
  Possessing an obscene sexual performance by a child is a class E felo-
ny.
  S 2. Section 263.16 of the penal law, as added by chapter  11  of  the
laws of 1996, is amended to read as follows:
S 263.16 Possessing a sexual performance by a child.
  A person is guilty of possessing a sexual performance by a child when,
knowing  the  character  and  content  thereof,  he knowingly has in his
possession or control, OR KNOWINGLY ACCESSES WITH INTENT  TO  VIEW,  any
performance  which  includes sexual conduct by a child less than sixteen
years of age.
  Possessing a sexual performance by a child is a class E felony.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15801-01-2