What's happening
This bill raises the age defining a child in sexual performance laws to under 18, creates new felony degrees, and mandates consecutive sentencing for related convictions.
Why it matters
Expands protection to older teens. By raising the age threshold from under 16 (or 17 in some cases) to under 18, the bill ensures that all minors under 18 are equally protected from sexual exploitation under these laws, closing previous gaps and aligning with federal standards.
Introduces harsher penalties for the most vulnerable. New first-degree felony categories are created for offenses involving children under 12, recognizing the particular vulnerability of very young victims and significantly increasing potential prison sentences for offenders.
Limits judicial discretion in sentencing. By mandating that sentences for these offenses run consecutively (not concurrently) with other crimes, the bill ensures that multiple convictions result in longer, cumulative prison terms, aiming to deter repeat or multiple-offense perpetrators.
Narrows legal defenses for accused offenders. The affirmative defense is updated so that a defendant must reasonably believe a victim is 18 or older, eliminating the previous 16- or 17-year-old thresholds and making it harder to claim ignorance of a victim’s age.
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Who cares
District attorneys
The bill would create higher-level felonies for using children under 12 in sexual performances or promoting those performances and expand existing offenses to cover children under 18.
Criminal defense attorneys and defendants
The bill would require consecutive sentences for convictions involving use of a child in a sexual performance or promotion of such performances alongside any other crime.
Child protection advocates
The bill would extend sexual-performance protections to 17-year-olds and possession-related protections to 16- and 17-year-olds.
Parents, legal guardians and custodians
Knowingly consenting to a child's participation in a sexual performance would become a class B felony when the child is under 12, while the class C offense would extend to children under 18.
Headline styles
Tougher Sentences for Child Exploitation
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4627
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
Introduced by M. of A. PRETLOW -- read once and referred 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.
LBD04885-01-9
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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,
A. 4627 4
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.
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