What's happening
This bill increases criminal penalties and expands definitions for child sexual performance offenses, and mandates consecutive sentencing for multiple related convictions.
Why it matters
Raises the age threshold for victims. in child sexual performance and related offenses from under 16 or 17 to under 18, broadening the scope of who is protected under these laws and potentially increasing the number of prosecutable cases.
Creates new, more severe felony classes. for offenses involving children under 12, distinguishing especially egregious acts from those involving older minors and allowing for harsher punishments for the exploitation of the youngest victims.
Removes certain affirmative defenses. by aligning all relevant offenses to the new under-18 threshold, making it harder for defendants to claim they believed a victim was of legal age and thereby closing possible loopholes.
Mandates consecutive sentencing. for multiple convictions related to child sexual performance crimes, ensuring that offenders serve substantially longer prison terms when convicted of more than one qualifying offense, rather than serving sentences at the same time.
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Who cares
Headline styles
Increase Child Exploitation Penalties
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1374
- Committee discharged and committed to rules
- 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 Sentences for Child Exploitation
In Assembly Committee · Codes · Sponsor J. Gary Pretlow
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
716
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing the criminal penalties for sexual performances by a child and in relation to providing for consecutive sentencing upon certain multiple convictions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 2 of section 263.00 of the penal law, as amended by chapter 1 of the laws of 2000, are amended to read as follows:
1. "Sexual performance" means any performance or part thereof which[, for purposes of section 263.16 of this article,] includes sexual conduct by a child less than [sixteen] eighteen years of age [or, for purposes of section 263.05 or 263.15 of this article, includes sexual conduct by a child less than seventeen years of age].
2. "Obscene sexual performance" means any performance which[, for purposes of section 263.11 of this article,] includes sexual conduct by a child less than [sixteen] eighteen years of age [or, for purposes of section 263.10 of this article, includes sexual conduct by a child less than seventeen years of age,] in any material which is obscene, as such term is defined in section 235.00 of this chapter.
§ 2. The penal law is amended by adding a new section 263.03 to read as follows: § 263.03 Use of a child in a sexual performance in the first degree.
A person is guilty of the use of a child in a sexual performance in the first degree if knowing the character and content thereof he or she employs, authorizes or induces a child less than twelve years of age to engage in a sexual performance or being a parent, legal guardian or custodian of such child, he or she consents to the participation by such child in a sexual performance.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01834-01-7
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Use of a child in a sexual performance in the first degree is a class B felony.
§ 3. Section 263.05 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: § 263.05 Use of a child in a sexual performance in the second degree.
A person is guilty of the use of a child in a sexual performance in the second degree if knowing the character and content thereof he or she employs, authorizes or induces a child less than [seventeen] eighteen years of age to engage in a sexual performance or being a parent, legal guardian or custodian of such child, he or she consents to the participation by such child in a sexual performance.
Use of a child in a sexual performance in the second degree is a class C felony.
§ 4. The penal law is amended by adding a new section 263.08 to read as follows: § 263.08 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, directs or promotes any obscene performance which includes sexual conduct by a child less than twelve years of age.
Promoting an obscene sexual performance by a child in the first degree is a class C felony.
§ 5. 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 or she produces, directs or promotes any obscene performance which includes sexual conduct by a child less than [seventeen] eighteen years of age.
Promoting an obscene sexual performance by a child in the second degree is a class D felony.
§ 6. Section 263.11 of the penal law, as amended by chapter 456 of the laws of 2012, is amended to read as follows: § 263.11 Possessing an obscene sexual performance by a child.
A person is guilty of possessing an obscene sexual performance by a child when, knowing the character and content thereof, he or she knowingly has in his or her possession or control, or knowingly accesses with intent to view, any obscene performance which includes sexual conduct by a child less than [sixteen] eighteen years of age.
Possessing an obscene sexual performance by a child is a class E felony.
§ 7. The penal law is amended by adding a new section 263.13 to read as follows: § 263.13 Promoting a sexual performance by a child in the first degree.
A person is guilty of promoting a sexual performance by a child in the first degree when, knowing the character and content thereof, he or she produces, directs or promotes any performance which includes sexual conduct by a child less than twelve years of age.
Promoting a sexual performance by a child in the first degree is a class C felony.
§ 8. Section 263.15 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows: § 263.15 Promoting a sexual performance by a child in the second degree.
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A person is guilty of promoting a sexual performance by a child in the second degree when, knowing the character and content thereof, he or she produces, directs or promotes any performance which includes sexual conduct by a child less than [seventeen] eighteen years of age.
Promoting a sexual performance by a child in the second degree is a class D felony.
§ 9. Section 263.16 of the penal law, as amended by chapter 456 of the laws of 2012, is amended to read as follows: § 263.16 Possessing a sexual performance by a child.
A person is guilty of possessing a sexual performance by a child when, knowing the character and content thereof, he or she knowingly has in his or her possession or control, or knowingly accesses with intent to view, any performance which includes sexual conduct by a child less than [sixteen] eighteen years of age.
Possessing a sexual performance by a child is a class E felony.
§ 10. Subdivision 1 of section 263.20 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows:
1. Under this article, it shall be an affirmative defense that the defendant in good faith reasonably believed the person appearing in the performance was, for purposes of section 263.10, 263.11, 263.15 or 263.16 of this article, [sixteen years of age or over or, for purposes of section 263.05, 263.10 or 263.15 of this article, seventeen] eighteen years of age or over.
§ 11. The opening paragraph of subdivision 1 and subdivision 2 of section 70.25 of the penal law, the opening paragraph of subdivision 1 as amended by chapter 372 of the laws of 1981 and subdivision 2 as amended by chapter 56 of the laws of 1984, are amended and a new subdivision 6 is added to read as follows:
Except as provided in subdivisions two, two-a [and], five and six of this section, when multiple sentences of imprisonment are imposed on a person at the same time, or when a person who is subject to any undischarged term of imprisonment imposed at a previous time by a court of this state is sentenced to an additional term of imprisonment, the sentence or sentences imposed by the court shall run either concurrently or consecutively with respect to each other and the undischarged term or terms in such manner as the court directs at the time of sentence. If the court does not specify the manner in which a sentence imposed by it is to run, the sentence shall run as follows:
2. When more than one sentence of imprisonment is imposed on a person for two or more offenses committed through a single act or omission, or through an act or omission which in itself constituted one of the offenses and also was a material element of the other, the sentences, except if one or more of such sentences is for a violation of section 263.03, 263.05, 263.08, 263.10, 263.13, 263.15, or 270.20 of this chapter, must run concurrently.
6. When a person is convicted of use of a child in a sexual performance in the first degree as defined in section 263.03 of this chapter or use of a child in a sexual performance in the second degree as defined in section 263.05 of this chapter or promoting an obscene sexual performance by a child in the first degree as defined in section 263.08 of this chapter or promoting an obscene sexual performance by a child in the second degree as defined in section 263.10 of this chapter or promoting a sexual performance by a child in the first degree as defined in section 263.13 of this chapter or promoting a sexual performance by a child in the second degree as defined in section 263.15 of this chapter,
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and any other crime, the sentences for such crimes shall run consecutively.
§ 12. 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to increasing the criminal penalties for sexual performances by a child and in relation to providing for consecutive sentencing upon certain multiple convictions
Purpose
This bill increases the penalties for using a child in a sexual performance and promoting an obscene sexual performance by a child and imposes consecutive--as opposed to concurrent--sentences on a child pornographers.
Summary of provisions
Section 1. Amends subdivisions 1 and 2 of section 263.00 of the Penal Law to amend the definitions of "sexual performance" and "obscene sexual performance" to include sexual conduct by a child less than eighteen years of age. Current law defines such terms to include sexual conduct by a child less than sixteen years of age.
Read the full memo (874 words)
Section 2. Adds a new section 263.03 to the Penal Law that establishes a new crime of use of a child in a sexual performance in the first degree, for using children less than 12 years of age to engage in a sexual performance, which would be a class B felony.
Section 3. Amends section 263.05 of the Penal Law to rename the current crime of use of a child in a sexual performance to use of a child in a sexual performance in the second degree, which remains a class C felony, and increase the age of the children protected by this second degree offense from less than sixteen to less than eighteen years of age.
Section 4. Adds a new section 263.08 to the Penal Law that establishes a new crime of promoting an obscene sexual performance by a child in the first degree, which would be a class C felony.
Section 5. Amends section 263.10 of the Penal Law to rename the current crime of promoting an obscene sexual performance by a child to promoting an obscene sexual performance by a child in the second degree, which would remain a class Ll felony, and increase the age of the children protected by this second degree offense from less than sixteen years to less than eighteen years of age.
Section 6. Amends section 263.11 of the Penal Law to increase the age of children protected by the offense of possessing an obscene sexual performance by a child from less than sixteen to less than eighteen years of age.
Section 7. Adds a new section 263.13 to the Penal Law that establishes the crime of promoting a sexual performance by a child in the first degree, which would be a class C felony.
Section 8. Amends section 263.15 of the Penal Law to rename the current crime of promoting a sexual performance by a child to promoting a sexual performance by a child in the second degree, which remains a class D felony, and increase the age of the children protected by this second degree offense from less than sixteen to less than eighteen years of age.
Section 9. Amends Section 263.16 of the Penal Law to increase the age of the children protected by the offense of possessing a sexual performance by a child from less than sixteen to less than eighteen years of age.
Section 10. Amends subdivision 1 of Section 263.20 of the Penal Law to provide an affirmative defense if, in good faith, the defendant reasonably believed that the person appearing in a performance was eighteen, rather than sixteen years of age.
Section 11. Amends subdivisions 1 and 2 of section 70.25 of the Penal Law and adds a new subdivision 6 to provide for sentences of imprisonment to run consecutively when a person is convicted of a child pornography crime and any other crime.
Section 12. Effective date.
Justification
The current statutory provisions relating to the use of a child in a sexual performance and the promotion of an obscene sexual performance by a child are inadequate, drawing no distinction between children of differing ages nor permitting consecutive sentences. This bill affords greater protection to children by providing a necessary deterrent to those who would seek to use children in sexual performances. Specifically, new sections of the Penal Law would be created to protect children under the age of twelve and impose a higher penalty than presently applicable. This bill would also extend the protection to children under the age of eighteen, rather than under the age of sixteen. The imposition of consecutive, rather than concurrent, sentences in this bill would add an especially important deterrent to child pornographers, since the very nature of their activity often may lead them to commit multiple criminal acts. Child pornography is a uniquely heinous crime in that the child is exploited at the time of the initial performance, as well as every time the permanent recording is viewed. Thus, it seems clear that the punishment should not be lost amid concurrent sentences. This bill would ensure that such a criminal will be held separately responsible for each of his or her criminal acts.
Legislative history
2015-16: S1740/A1997 - Passed Senate/Codes Committee 2014: S6379/A2784 - Passed Senate/Codes Committee
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.