Bill S4119-2011

Elevates promoting an obscene sexual performance by a child and promoting a sexual performance by a child to be class B felonies

Elevates promoting an obscene sexual performance by a child and promoting a sexual performance by a child to be class B felonies; prohibits pleading to a lesser offense after indictment for either such offense.

Details

Actions

  • Jun 20, 2012: referred to codes
  • Jun 20, 2012: DELIVERED TO ASSEMBLY
  • Jun 20, 2012: PASSED SENATE
  • Jun 20, 2012: ORDERED TO THIRD READING CAL.1375
  • Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 4, 2012: REFERRED TO CODES
  • Mar 18, 2011: REFERRED TO CODES

Votes

Memo

BILL NUMBER:S4119

TITLE OF BILL: An act to amend the penal law and the criminal procedure law, in relation to promoting sexual performances by a child

PURPOSE: Elevates promoting an obscene sexual performance by a child and promoting a sexual performance by a child to be class B felonies.

SUMMARY OF PROVISIONS: Section one amends the closing paragraph of section 263.10 of the penal law and Section two amends the closing paragraph of section 263.15 of the penal law to increase the penalty of promoting an obscene sexual performance by a child from a class D felony to a class B felony. Section three requires that a plea of guilty allows for no plea bargain for such offense.

JUSTIFICATION: This bill makes it a class B felony for promoting an obscene sexual performance by a child and promoting a sexual performance by a child. Sex offenses against children are intolerable acts that society should not put up with. This measure would also require those who plead guilty cannot plea down to a lesser offense. This bill will keep these classes of criminals out of our neighborhoods so they cannot harm society's innocent children.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4119 2011-2012 Regular Sessions IN SENATE March 18, 2011 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to promoting sexual performances by a child THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The closing paragraph of section 263.10 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: Promoting an obscene sexual performance by a child is a class [D] B felony. S 2. The closing paragraph of section 263.15 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: Promoting a sexual performance by a child is a class [D] B felony. S 3. Subdivision 5 of section 220.10 of the criminal procedure law is amended by adding a new paragraph (i) to read as follows: (I) WHERE THE INDICTMENT CHARGES THE CLASS B FELONY OFFENSE OF PROMOT- ING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.10 OF THE PENAL LAW OR PROMOTING A SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.15 OF THE PENAL LAW, THEN A PLEA OF GUILTY MUST INCLUDE AT LEAST A PLEA TO SUCH OFFENSE. S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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