Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 15, 2012 |
referred to codes delivered to assembly passed senate ordered to third reading cal.811 reported and committed to rules |
May 09, 2012 |
referred to codes |
Senate Bill S7407
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
(D) Senate District
(R, C) 60th Senate District
2011-S7407 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10161
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd ยงยง263.11 & 263.16, Pen L
2011-S7407 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7407 TITLE OF BILL: An act to amend the penal law, in relation to amending the crime of possessing an obscene sexual performance by a child to include knowingly accessing such material with intent to view SUMMARY OF SPECIFIC PROVISIONS: Amends 263.11 and 263.16 of the penal law regarding the accessing child pornography with intent to view. JUSTIFICATION: This proposal will add a provision to the penal law to address an issue raised in a recent Court of Appeals decision, People v. Kent. The Court, in its decision ruled that viewing child pornography did not constitute a crime under current law. This legislation if enacted will conform NYS law with Federal standards. PRIOR LEGISLATIVE HISTORY: None. EFFECTIVE DATE: This act shall take effect immediately.
2011-S7407 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.