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S7742Senate2011-2012 SessionSame asA10713

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

Sponsor Martin J. GoldenSD-22+3 co-sponsorsAffects Legal
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

History

  1. Signed chap.456
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.404
  6. Substituted for A10713
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 59–0
  10. Ordered to third reading cal.1348
  11. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10713Assembly

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

Assembly Floor Calendar · Sponsor Joseph Lentol

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S7742

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

Purpose

This bill would amend the Penal Law to more effectively ban the possession of a sexual performance or an obscene sexual performance by a child.

Summary of provisions

Section one of the bill would amend Penal Law §263.11 to prohibit the knowing access with intent to view of an obscene sexual performance by a child.

Section two of the bill would amend Penal Law §263.16 to prohibit the knowing access with intent to view of a sexual performance by a child.

Section three of the bill would amend Penal Law § 263.00 to clarify that the various "possession," "control" and "promotion" crimes related to obscene sexual performances by a child do not apply to attorneys who may have access to such material solely in the course of their represen- tation of defendants charged with such offenses.

Section four provides for an immediate effective date.

Existing law

Penal Law §§263.11 and 263.16 do not specify that accessing and viewing sexual performances by a child are prohibited.

Statement in support

The State has a compelling interest in safeguarding the physical and psychological well-being of minors. To that end, Penal Law §§263.11 and 263.16 were enacted in 1996 prohibiting the possession of child pornog- raphy. Those provisions were designed to destroy the market for the exploitive use of children. However, in a case decided on May 8, 2012, the New York Court of Appeals held that existing law did not prohibit "accessing and viewing" child pornography on the internet (People v Kent, 2012 NY Slip Op 03572 (May 8, 2012)). The Court specifically invited the State to amend the Penal Law to criminalize accessing child pornography with the intent to view it on the internet. This bill would address that glaring loophole.

Budget implications

This bill would have no budget implications for the state.

Effective date

This bill would take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.