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

                                  8262

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2015
                               ___________

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

AN  ACT  to  amend the penal law, in relation to aggravated promotion or
  possession of an obscene sexual performance by a child

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

  Section  1. The penal law is amended by adding a new section 263.12 to
read as follows:
S 263.12 AGGRAVATED PROMOTION OF AN  OBSCENE  SEXUAL  PERFORMANCE  BY  A
           CHILD.
  1.  A  PERSON  IS  GUILTY OF AGGRAVATED PROMOTION OF AN OBSCENE SEXUAL
PERFORMANCE BY A CHILD WHEN, KNOWING THE CHARACTER AND CONTENT  THEREOF,
HE  PRODUCES, DIRECTS OR PROMOTES ANY OBSCENE PERFORMANCE WHICH INCLUDES
SEXUAL CONDUCT BY A CHILD AND INVOLVES EITHER:
  (A) A CHILD WHO HAD NOT ATTAINED THE AGE OF THIRTEEN;
  (B) MATERIAL THAT PORTRAYS SADISTIC OR MASOCHISTIC CONDUCT;
  (C) STILL OR MOTION PICTURE IMAGES IN AN AMOUNT GREATER THAN OR  EQUAL
TO SIX HUNDRED IMAGES; OR
  (D) INTENT TO DERIVE PECUNIARY GAIN THEREFROM.
  2.  FOR  THE  PURPOSES  OF  PARAGRAPH  (C)  OF SUBDIVISION ONE OF THIS
SECTION, A MOTION PICTURE LESS THAN OR EQUAL TO THIRTY MINUTES IN  DURA-
TION  SHALL BE DEEMED TO CONTAIN SEVENTY-FIVE IMAGES AND, FOR EACH ADDI-
TIONAL TEN MINUTES IN DURATION, AN ADDITIONAL SEVENTY-FIVE IMAGES.
  AGGRAVATED PROMOTION OF AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IS  A
CLASS C FELONY.
  S  2.  The penal law is amended by adding a new section 263.13 to read
as follows:
S 263.13 AGGRAVATED POSSESSION OF AN OBSCENE  SEXUAL  PERFORMANCE  BY  A
           CHILD.
  1.  A  PERSON  IS GUILTY OF AGGRAVATED POSSESSION OF AN OBSCENE SEXUAL
PERFORMANCE BY A CHILD WHEN, KNOWING THE CHARACTER AND CONTENT  THEREOF,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10029-01-5
              

A. 8262                             2

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 AND INVOLVES EITHER:
  (A) A CHILD WHO HAD NOT ATTAINED THE AGE OF THIRTEEN;
  (B) MATERIAL THAT PORTRAYS SADISTIC OR MASOCHISTIC CONDUCT;
  (C)  STILL OR MOTION PICTURE IMAGES IN AN AMOUNT GREATER THAN OR EQUAL
TO SIX HUNDRED IMAGES; OR
  (D) INTENT TO DERIVE PECUNIARY GAIN THEREFROM.
  2. FOR THE PURPOSES OF  PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  A MOTION PICTURE LESS THAN OR EQUAL TO THIRTY MINUTES IN DURA-
TION SHALL BE DEEMED TO CONTAIN SEVENTY-FIVE IMAGES AND, FOR EACH  ADDI-
TIONAL TEN MINUTES IN DURATION, AN ADDITIONAL SEVENTY-FIVE IMAGES.
  AGGRAVATED POSSESSION OF AN OBSCENE SEXUAL PERFORMANCE BY A CHILD IS A
CLASS D FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.