STATE OF NEW YORK ________________________________________________________________________ 3926 2017-2018 Regular Sessions IN SENATE January 30, 2017 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the correction law, the criminal proce- dure law, the civil rights law, the mental hygiene law and the vehicle and traffic law, in relation to creating the crime of sexual exploita- tion of a child The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 130.98 to 2 read as follows: 3 § 130.98 Sexual exploitation of a child. 4 A person is guilty of sexual exploitation of a child when: 5 1. Being eighteen years of age or more he or she employs, uses, 6 persuades, induces, entices, or coerces any minor to engage in, or who 7 has a minor assist any other person to engage in, or who transports any 8 minor within the state, with the intent that such minor engage in, any 9 sexually explicit conduct for the purpose of producing any visual 10 depiction of such conduct or for the purpose of transmitting a live 11 visual depiction of such conduct. 12 2. Being eighteen years of age or more he or she knowingly makes, 13 prints, or publishes, or causes to be made, printed, or published, any 14 notice or advertisement seeking or offering: 15 a. to receive, exchange, buy, produce, display, distribute, or 16 reproduce, any visual depiction, if the production of such visual 17 depiction involves the use of a minor engaging in sexually explicit 18 conduct and such visual depiction is of such conduct; or 19 b. participation in any act of sexually explicit conduct by or with 20 any minor for the purpose of producing a visual depiction of such 21 conduct. 22 Sexual exploitation of a child is a class B felony. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09316-01-7

S. 3926 2 1 § 2. Section 60.13 of the penal law, as amended by chapter 368 of the 2 laws of 2015, is amended to read as follows: 3 § 60.13 Authorized dispositions; felony sex offenses. 4 When a person is to be sentenced upon a conviction for any felony 5 defined in article one hundred thirty of this chapter, including a sexu- 6 ally motivated felony, or patronizing a person for prostitution in the 7 first degree as defined in section 230.06 of this chapter, aggravated 8 patronizing a minor for prostitution in the third degree as defined in 9 section 230.11 of this chapter, aggravated patronizing a minor for pros- 10 titution in the second degree as defined in section 230.12 of this chap- 11 ter, aggravated patronizing a minor for prostitution in the first degree 12 as defined in section 230.13 of this chapter, sexual exploitation of a 13 child as defined in section 130.98 of this chapter, incest in the second 14 degree as defined in section 255.26 of this chapter, or incest in the 15 first degree as defined in section 255.27 of this chapter, or a felony 16 attempt or conspiracy to commit any of these crimes, the court must 17 sentence the defendant in accordance with the provisions of section 18 70.80 of this title. 19 § 3. Paragraph (a) of subdivision 1 of section 70.80 of the penal law, 20 as amended by chapter 368 of the laws of 2015, is amended to read as 21 follows: 22 (a) For the purposes of this section, a "felony sex offense" means a 23 conviction of any felony defined in article one hundred thirty of this 24 chapter, including a sexually motivated felony, or patronizing a person 25 for prostitution in the first degree as defined in section 230.06 of 26 this chapter, patronizing a person for prostitution in the second degree 27 as defined in section 230.05 of this chapter, aggravated patronizing a 28 minor for prostitution in the third degree as defined in section 230.11 29 of this chapter, aggravated patronizing a minor for prostitution in the 30 second degree as defined in section 230.12 of this chapter, aggravated 31 patronizing a minor for prostitution in the first degree as defined in 32 section 230.13 of this chapter, sexual exploitation of a child as 33 defined in section 130.98 of this chapter, incest in the second degree 34 as defined in section 255.26 of this chapter, or incest in the first 35 degree as defined in section 255.27 of this chapter, or a felony attempt 36 or conspiracy to commit any of the above. 37 § 4. Subparagraph (i) of paragraph (a) of subdivision 2 of section 38 168-a of the correction law, as amended by chapter 368 of the laws of 39 2015, is amended to read as follows: 40 (i) a conviction of or a conviction for an attempt to commit any of 41 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 42 130.45, 130.60, 130.98, 230.34, 250.50, 255.25, 255.26 and 255.27 or 43 article two hundred sixty-three of the penal law, or section 135.05, 44 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, 45 provided the victim of such kidnapping or related offense is less than 46 seventeen years old and the offender is not the parent of the victim, or 47 section 230.04, where the person patronized is in fact less than seven- 48 teen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision 49 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal 50 law, or section 230.25 of the penal law where the person prostituted is 51 in fact less than seventeen years old, or 52 § 5. Subdivision 6 of section 380.50 of the criminal procedure law, as 53 separately amended by chapters 368 and 394 of the laws of 2015, is 54 amended to read as follows: 55 6. Regardless of whether the victim requests to make a statement with 56 regard to the defendant's sentence, where the defendant is sentenced for

S. 3926 3 1 a violent felony offense as defined in section 70.02 of the penal law or 2 a felony defined in article one hundred twenty-five of such law or any 3 of the following provisions of such law sections 130.25, 130.98, 130.30, 4 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 5 135.10, 135.25, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two 6 of section 230.30 or 230.32, the prosecutor shall, within sixty days of 7 the imposition of sentence, provide the victim with a form, prepared and 8 distributed by the commissioner of the division of criminal justice 9 services, in consultation with the director of the office of victim 10 services, on which the victim may indicate a demand to be informed of 11 any petition to change the name of such defendant. Such forms shall be 12 maintained by such prosecutor. Upon receipt of a notice of a petition to 13 change the name of any such defendant, pursuant to subdivision two of 14 section sixty-two of the civil rights law, the prosecutor shall promptly 15 notify the victim at the most current address or telephone number 16 provided by such victim in the most reasonable and expedient possible 17 manner of the time and place such petition will be presented to the 18 court. 19 § 6. Subdivision 2 of section 61 of the civil rights law, as amended 20 by section 54 of subpart B of part C of chapter 62 of the laws of 2011, 21 is amended to read as follows: 22 2. If the petitioner stands convicted of a violent felony offense as 23 defined in section 70.02 of the penal law or a felony defined in article 24 one hundred twenty-five of such law or any of the following provisions 25 of such law sections 130.25, 130.30, 130.40, 130.45, 130.98, 255.25, 26 255.26, 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 27 230.06, subdivision two of section 230.30 or 230.32, and is currently 28 confined as an inmate in any correctional facility or currently under 29 the supervision of the department of corrections and community super- 30 vision or a county probation department as a result of such conviction, 31 the petition shall for each such conviction specify such felony 32 conviction, the date of such conviction or convictions, and the court in 33 which such conviction or convictions were entered. 34 § 7. Subdivision 2 of section 62 of the civil rights law, as amended 35 by section 55 of subpart B of part C of chapter 62 of the laws of 2011, 36 is amended to read as follows: 37 2. If the petition be to change the name of a person currently 38 confined as an inmate in any correctional facility or currently under 39 the supervision of the department of corrections and community super- 40 vision or a county probation department as a result of a conviction for 41 a violent felony offense as defined in section 70.02 of the penal law or 42 a felony defined in article one hundred twenty-five of such law or any 43 of the following provisions of such law sections 130.25, 130.30, 130.40, 44 130.45, 130.98, 255.25, 255.26, 255.27, article two hundred sixty-three, 45 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 or 46 230.32, notice of the time and place when and where the petition will be 47 presented shall be served, in like manner as a notice of a motion upon 48 an attorney in an action, upon the district attorney of every county in 49 which such person has been convicted of such felony and upon the court 50 or courts in which the sentence for such felony was entered. Unless a 51 shorter period of time is ordered by the court, said notice shall be 52 served upon each such district attorney and court or courts not less 53 than sixty days prior to the date on which such petition is noticed to 54 be heard.

S. 3926 4 1 § 8. The closing paragraph of section 64 of the civil rights law, as 2 separately amended by chapters 258, 320 and 481 of the laws of 2006, is 3 amended to read as follows: 4 Upon compliance with the order and the filing of the affidavit of the 5 publication, as provided in this section, the clerk of the court in 6 which the order has been entered shall certify that the order has been 7 complied with; and, if the petition states that the petitioner stands 8 convicted of a violent felony offense as defined in section 70.02 of the 9 penal law or a felony defined in article one hundred twenty-five of such 10 law or any of the following provisions of such law sections 130.25, 11 130.30, 130.40, 130.45, 130.98, 255.25, 255.26, 255.27, article two 12 hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of 13 section 230.30 or 230.32, such clerk (1) shall deliver, by first class 14 mail, a copy of such certified order to the division of criminal justice 15 services at its office in the county of Albany and (2) upon the clerk of 16 the court reviewing the petitioner's application for name change and 17 subsequent in-court inquiry, may, in the clerk's discretion, deliver, by 18 first class mail, the petitioner's new name with such certified order to 19 the court of competent jurisdiction which imposed the orders of support. 20 Such certification shall appear on the original order and on any certi- 21 fied copy thereof and shall be entered in the clerk's minutes of the 22 proceeding. 23 § 9. Subdivision (p) of section 10.03 of the mental hygiene law, as 24 amended by chapter 368 of the laws of 2015, is amended to read as 25 follows: 26 (p) "Sex offense" means an act or acts constituting: (1) any felony 27 defined in article one hundred thirty of the penal law, including a 28 sexually motivated felony; (2) patronizing a person for prostitution in 29 the first degree as defined in section 230.06 of the penal law, aggra- 30 vated patronizing a minor for prostitution in the first degree as 31 defined in section 230.13 of the penal law, aggravated patronizing a 32 minor for prostitution in the second degree as defined in section 230.12 33 of the penal law, aggravated patronizing a minor for prostitution in the 34 third degree as defined in section 230.11 of the penal law, incest in 35 the second degree as defined in section 255.26 of the penal law, sexual 36 exploitation of a child as defined in section 130.98 of the penal law, 37 or incest in the first degree as defined in section 255.27 of the penal 38 law; (3) a felony attempt or conspiracy to commit any of the foregoing 39 offenses set forth in this subdivision; or (4) a designated felony, as 40 defined in subdivision (f) of this section, if sexually motivated and 41 committed prior to the effective date of this article. 42 § 10. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle 43 and traffic law, as amended by chapter 368 of the laws of 2015, is 44 amended to read as follows: 45 (c) The offenses referred to in subparagraph (i) of paragraph (b) of 46 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 47 of this section that result in disqualification for a period of five 48 years shall include a conviction under sections 100.10, 105.13, 115.05, 49 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 50 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 130.98, 135.10, 135.55, 51 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 52 220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 53 230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 54 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of 55 section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 56 265.10, 265.12, 265.35 of the penal law or an attempt to commit any of

S. 3926 5 1 the aforesaid offenses under section 110.00 of the penal law, or any 2 similar offenses committed under a former section of the penal law, or 3 any offenses committed under a former section of the penal law which 4 would constitute violations of the aforesaid sections of the penal law, 5 or any offenses committed outside this state which would constitute 6 violations of the aforesaid sections of the penal law. 7 § 11. This act shall take effect on the ninetieth day after it shall 8 have become a law.

Creates the crime of sexual exploitation of a child

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