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Sponsors
No co-sponsors yet.
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 58–0
- Ordered to third reading cal.1604
- Committee discharged and committed to rules
- Referred to codes
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5284
Title of bill
An act to amend the penal law, in relation to increasing penalties for crimes related to sexual performances by a child
Purpose
This bill increases the penalties for persons convicted of knowingly possessing or promoting an obscene sexual performance by a child.
Summary of provisions
Section 1 amends section 263.10 of the penal law to increase the penalty from a D felony to a C felony for a person found guilty of promoting 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 less than seventeen years of age.
Section 2 also amends section 263.11 of the penal law to increase the penalty from an E felony to a D felony for a person found 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.
Justification
Data derived from a 2000 study by the Federal Bureau of Prisons indicated that 76 percent of offenders convicted of Internet-related child pornography reported having sexual contact with children in the past and had an average of 30.5 child sexual victims each. According to studies published by the National District Attorneys Association, child sexual abusers frequently use pornographic images to "groom" child victims prior to committing sexual abuse.
Evidence gathered from law enforcement investigations has indicated that offenders who promote or possess child pornography often also actively pursuing sexual acts with children. Therefore, those in the criminal justice field agree that owning and viewing child pornographic pictures typically extends beyond viewing pictures and most often involves the actual sexual abuse of children.
New York State currently has one of the weakest child pornography possession and promotion charges. This bill seeks to strengthen the Penalties for those found guilty of possession or promotion of child pornography primarily to prevent such persons from being able actively engage in sexual acts with children. This bill also seeks to ensure that those found guilty of possession or promotion of child pornography will be identified and registered as a sex offender under the New York State Sex Offender Registry to further protect potential victims.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
The act shall take effect on the ninetieth day after it shall have become a law and shall apply to all crimes committed on or after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.