What's happening
This bill creates new felony offenses for aggravated promotion and possession of obscene sexual performances by a child, with enhanced penalties.
Why it matters
Targets especially egregious offenses. The bill singles out cases involving very young children (under 13), sadistic or masochistic content, large quantities of material (600+ images), or intent to profit, recognizing these as particularly harmful and meriting harsher treatment.
Increases prosecutorial tools. By creating new aggravated felony categories, prosecutors can pursue more severe charges for the most serious forms of child sexual exploitation, potentially leading to longer sentences and greater deterrence.
Defines thresholds for “aggravated” offenses. The law clarifies what constitutes a large-scale offense (e.g., 600 images or more, or specific calculations for video content), providing explicit criteria that can make prosecutions more straightforward and consistent.
Signals legislative intent to escalate response. The introduction of these aggravated crimes highlights a policy shift toward stricter penalties and heightened attention to the most extreme cases of child sexual exploitation, aiming to better protect vulnerable children and address public concern.
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Who cares
Headline styles
Tougher Child Pornography Penalties
Plain English, a few words. Used as the page title.
Sponsors
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History
- Enacting clause stricken
- Referred to codes
- Referred to codes
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.
Increase Child Pornography Penalties
In Senate Committee · Codes · Sponsor Timothy M. Kennedy
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2482
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to aggravated promotion or possession of an obscene sexual performance by a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 263.12 to read as follows: § 263.12 Aggravated promotion of an obscene sexual performance by a
child.
1. A person is guilty of aggravated promotion of 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 and involves either:
(a) a child who had not attained the age of thirteen;
(b) material that portrays sadistic or masochistic conduct;
(c) still or motion picture images in an amount greater than or equal to six hundred images; or
(d) intent to derive pecuniary gain therefrom.
2. For the purposes of paragraph (c) of subdivision one of this section, a motion picture less than or equal to thirty minutes in duration shall be deemed to contain seventy-five images and, for each additional ten minutes in duration, an additional seventy-five images.
Aggravated promotion of an obscene sexual performance by a child is a class C felony.
§ 2. The penal law is amended by adding a new section 263.13 to read as follows: § 263.13 Aggravated possession of an obscene sexual performance by a
child.
1. A person is guilty of aggravated possession of an obscene sexual performance by a child when, knowing the character and content thereof,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01021-01-7
A. 2482 2
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 and involves either:
(a) a child who had not attained the age of thirteen;
(b) material that portrays sadistic or masochistic conduct;
(c) still or motion picture images in an amount greater than or equal to six hundred images; or
(d) intent to derive pecuniary gain therefrom.
2. For the purposes of paragraph (c) of subdivision one of this section, a motion picture less than or equal to thirty minutes in duration shall be deemed to contain seventy-five images and, for each additional ten minutes in duration, an additional seventy-five images.
Aggravated possession of an obscene sexual performance by a child is a class D felony.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.