Bill S7407-2011

Relates to the crime of possessing a sexual performance by a child

Relates to the crime of possessing a sexual performance by a child to include knowingly accessing with intent to view such material.

Details

Actions

  • May 15, 2012: referred to codes
  • May 15, 2012: DELIVERED TO ASSEMBLY
  • May 15, 2012: PASSED SENATE
  • May 15, 2012: ORDERED TO THIRD READING CAL.811
  • May 15, 2012: REPORTED AND COMMITTED TO RULES
  • May 9, 2012: REFERRED TO CODES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Rules - May 15, 2012
Ayes (19): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Smith, Stewart-Cousins
Ayes W/R (2): Krueger, Parker
Nays (3): Duane, Montgomery, Perkins
Excused (1): Marcellino

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.


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.

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