What's happening
This bill creates a new, more serious felony for producing or directing ten or more obscene sexual performances involving minors under age 17.
Why it matters
Targets repeat offenders and large-scale producers. By establishing a harsher penalty specifically for those who produce or direct ten or more obscene sexual performances involving minors, this law focuses on individuals or operations engaging in extensive or organized child exploitation, rather than isolated incidents.
Creates a new, more severe felony category. The new “first degree” offense is classified as a class C felony (more serious than the existing class D), which means longer prison sentences and heightened consequences for those convicted, signaling greater societal condemnation and deterrence.
Clarifies what counts as a ‘performance’. The bill refines the legal definition to include not just plays, movies, or dances, but also photographic sessions where multiple photos are taken, closing loopholes and ensuring broader coverage of exploitative acts.
Distinguishes between levels of offense. By separating first and second degree offenses, law enforcement and prosecutors can more precisely charge offenders based on the scale of their actions, allowing for more proportional sentencing and resource allocation.
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Who cares
Headline styles
Tougher Child Pornography Penalties
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
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.
Establishes the crime of promoting an obscene sexual performance by a child in the first degree
In Senate Committee · Codes · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
462
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. PAULIN, GUNTHER, AUBRY, SCHIMMINGER, ZEBROWSKI, GALEF, ENGLEBRIGHT, BENEDETTO, ARROYO -- Multi-Sponsored by -- M. of A. COLTON, DINOWITZ, HOOPER, MAGEE, MAGNARELLI -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to promoting an obscene sexual performance by a child in the first degree
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 263.09 to read as follows: § 263.09 Promoting an obscene sexual performance by a child in the first
degree.
A person is guilty of promoting an obscene sexual performance by a child in the first degree when, knowing the character and content thereof, he or she produces or directs ten or more obscene performances, each of which includes sexual conduct by a child less than seventeen years of age. Notwithstanding subdivision four of section 263.00 of this article, for purposes of this section, a "performance" shall mean a play, motion picture or dance, or a photographic session at which multiple photographs are taken.
Promoting an obscene sexual performance by a child in the first degree is a class C felony.
§ 2. Section 263.10 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: § 263.10 Promoting an obscene sexual performance by a child in the
second degree.
A person is guilty of promoting an obscene sexual performance by a child in the second degree 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01833-01-7
A. 462 2
Promoting an obscene sexual performance by a child in the second degree 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.