Increases the penalties for crimes related to sexual performances by children

1 Co-sponsor

• Patty Ritchie

BILL NUMBER:S1499

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

2013-14: S.5284 Passed Senate (Codes)

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.