Creates offenses of aggravated promotion and aggravated possession of an obscene sexual performance by a child

Summary of provisions

Section 1 amends the penal law by adding a new section 263.12. Subsection 1 establishes the charge of aggravated promotion of obscene sexual performance of a child when an individual knowingly produces, directs or promotes sexual conduct by a child and involves either a victim under the age of 13, the content of the pornography portrays sadistic or masochistic conduct, the still or motion pictures images are in an amount greater than or equal to six hundred images, or there is an intent to derive pecuniary gain.

Subsection 2 defines a motion picture less than or equal to thirty minutes in duration as containing 75 images, and for each 10 minutes in duration, and additional 75 images.

Section 2 amends the penal law by adding a new section 263.13.

Subsection 1 establishes the charge of aggravated possession of an obscene sexual performance by a child when an individual knowingly has in their possession or accesses with intent to view any obscene performance which includes sexual conduct by a child and involves either a victim under the age of 13, the content of the pornography portrays sadistic or masochistic conduct, the still or motion pictures images are in an amount greater than or equal to six hundred images, or there is an intent to derive pecuniary gain.

Subsection 2 defines a motion picture less than or equal to thirty minutes in duration as containing 75 images, and for each 10 minutes in duration, and additional 75 images.

Section 3 states that the act shall take effect on the first of November next succeeding the date that it becomes law.

Existing law

This bill creates a new aggravated child pornography charge of aggravated promotion and/or possession as a Felony D.

Legislative history

New Bill.

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.

New York State has one of the weakest child pornography possession and promotion charges and does not currently include increased penalties for aggravating factors such as the number of images, the age of the child or extreme content. This bill creates a D Felony aggravated child pornography charge for persons found guilty of promoting or possessing child pornography that involves a child under the age of 13, contains sadistic or masochistic content, or produces child pornography with the intent to monetarily profit or receive something in return for the distribution.

In addition, this legislation will align state law with federal law in increasing the felony level when a motion picture exceeds six hundred images. This bill also seeks to ensure that those found guilty of aggravated child pornography charges will be identified and registered as a sex offender under the New York State Sex Offender Registry to further protect potential victims.

Fiscal implications

To be determined.

Effective date

The first of November next succeeding the date that it becomes law.