What's happening
This bill creates new felony offenses for aggravated promotion and possession of obscene sexual performances by a child under specified aggravating circumstances.
Why it matters
Targets especially egregious cases. by creating harsher felony charges when child victims are under 13, when the material is especially violent (sadistic/masochistic), when there is a very large volume of images (600+), or when the offense is financially motivated.
Expands prosecutorial tools. with clear definitions and thresholds (such as how video durations are converted to image equivalents), making it easier for law enforcement and courts to pursue more severe penalties in cases with aggravating factors.
Raises the stakes for possession as well as promotion. , not just punishing those who distribute or produce, but also those who possess or even access with intent to view particularly egregious material, potentially deterring a wider range of harmful behaviors.
Distinguishes severity in sentencing. by establishing aggravated promotion as a class C felony and aggravated possession as a class D felony, signaling the legislature’s intent to prioritize child protection and impose stronger consequences for the most serious offenses.
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Who cares
District attorneys
The bill would create class C felony aggravated promotion and class D felony aggravated possession charges for obscene sexual performances by children involving any of four specified aggravating factors.
Police investigators
The bill would set a 600-image threshold as one basis for either charge and prescribe how motion pictures count toward that threshold.
Criminal defense attorneys
The possession offense would cover knowingly accessing material with intent to view, as well as knowingly possessing or controlling it, when an aggravating factor is present.
Child protection advocates
The bill would make a child's age under 13, depictions of sadistic or masochistic conduct, or intent to derive financial gain separate grounds for the new aggravated offenses.
Headline styles
Tougher Child Porn Laws
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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.
Tougher Child Exploitation Penalties
In Assembly Committee · Codes · Sponsor Patrick Burke
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1536
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. KENNEDY -- 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 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.
LBD02063-01-9
S. 1536 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to aggravated promotion or possession of an obscene sexual performance by a child
Purpose
This bill creates an aggravated child pornography charge (Felony D) when the victim involved is under the age of 13, the content of the pornogra- phy portrays sadistic or masochistic conduct, the still or motion pictures images are in an amount greater than or equal to six hundred images, and/or there is an intent to derive pecuniary gain.
Summary of provisions
Section 1 amends the penal law by adding a new section 263.12. Subsection 1 establishes the charge of aggravated promotion of obscene sexual performance of a child when an individual knowingly produces, directs or promotes sexual conduct by a child and involves either a victim under the age of 13, the content of the pornography portrays sadistic or masochistic conduct, the still or motion pictures images are in an amount greater than or equal to six hundred images, or there is an intent to derive pecuniary gain. Subsection 2 defines a motion picture less than or equal to thirty minutes in duration as containing 75 images, and for each 10 minutes in duration, and additional 75 images,
Read the full memo (612 words)
Section 2 amends the penal law by adding a new section 263.13. Subsection 1 establishes the charge of aggravated possession of an obscene sexual performance by a child when an individual knowingly has in their possession or accesses with intent to view any obscene perform- ance which includes sexual conduct by a child and involves either a victim under the age of 13, the content of the pornography portrays sadistic or masochistic conduct, the still or motion pictures images are in an amount greater than or equal to six hundred images, or there is an intent to derive pecuniary gain.
Subsection 2 defines a motion picture less than or equal to thirty minutes in duration as containing 75 images, and for each 10 minutes in duration, and additional 75 images.
Section 3 states that the act shall take effect on the first of November next succeeding the date that it becomes law.
Justification
Data derived from a 2000 study by the Federal Bureau of Prisons indi- cated that 76 percent of offenders convicted of Internet-related child pornography reported having sexual contact with children in the past and had an average of 30.5 child sexual victims each. According to studies published by the National District Attorneys Association, child sexual abusers frequently use pornographic images to "groom" child victims prior to committing sexual abuse.
New York State has one of the weakest child pornography possession and promotion charges and does not currently include increased penalties for aggravating factors such as the number of images, the age of the child or extreme content. This bill creates a D Felony aggravated child pornography charge for persons found guilty of promoting or possessing child pornography that involves a child under the age of 13, contains sadistic or masochistic content, or produces child pornography with the intent to monetarily profit or receive something in return for the distribution.
In addition, this legislation will align state law with federal law in increasing the felony level when a motion picture exceeds six hundred images. This bill also seeks to ensure that those found guilty of aggra- vated child pornography charges will be identified and registered as a sex offender under the New York State Sex Offender Registry to further protect potential victims.
Legislative history
2015-16: S.4418 PASSED SENATE
2017-18: S.673 PASSED SENATE
Fiscal implications
To be determined.
Effective date
The first of November next succeeding the date that it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.