What's happening
This bill raises the penalty for promoting a sexual performance by a child to a class B felony and restricts plea deals for such offenses.
Why it matters
Significantly increases consequences for offenders. By upgrading these crimes to class B felonies (from class D), the law imposes much harsher penalties, including longer prison sentences—demonstrating a stronger stance against child exploitation.
Limits prosecutorial discretion in plea deals. The bill requires that anyone indicted for these offenses must plead guilty to at least the class B felony itself, preventing plea bargains to lesser charges and ensuring more severe consequences for offenders.
Could impact court processes and resources. With fewer opportunities for plea deals and higher felony charges, more cases may go to trial, potentially increasing burdens on courts and requiring more resources for prosecution and defense.
Sends a strong deterrent and policy message. The changes reflect a legislative priority to treat child sexual exploitation as a grave crime, aiming to deter potential offenders and signal to the public that these cases will be prosecuted with maximum seriousness.
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Who cares
Headline styles
Toughen Child Exploitation Penalties
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
362
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in relation to promoting sexual performances by a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The closing paragraph of section 263.10 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows:
Promoting an obscene sexual performance by a child is a class [D] B felony.
§ 2. The closing paragraph of section 263.15 of the penal law, as amended by chapter 1 of the laws of 2000, is amended to read as follows:
Promoting a sexual performance by a child is a class [D] B felony.
§ 3. Subdivision 5 of section 220.10 of the criminal procedure law is amended by adding a new paragraph (i) to read as follows:
(i) Where the indictment charges the class B felony offense of promoting an obscene sexual performance by a child as defined in section 263.10 of the penal law or promoting a sexual performance by a child as defined in section 263.15 of the penal law, then a plea of guilty must include at least a plea to such offense.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03270-01-9
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 and the criminal proce- dure law, in relation to promoting sexual performances by a child
Purpose
Elevates promoting an obscene sexual performance by a child and promot- ing a sexual performance by a child to be class B felonies.
Summary of provisions
Section one amends the closing paragraph of section 263.10 of the penal law and Section two amends the closing paragraph of section 263.15 of the penal law to increase the penalty of promoting an obscene sexual performance by a child from a class D felony to a class 13 felony. Section three requires that a plea of guilty allows for no plea bargain for such offense.
Justification
This bill makes it a class B felony for promoting an obscene sexual performance by a child and promoting a sexual performance by a child. Sex offenses against children are intolerable acts that society should put up with. This measure would also require those who plead guilty cannot plea down to a lesser offense. This bill will keep these classes of criminals out of our neighborhoods so they cannot harm society's innocent children.
Legislative history
2018:S.2635- Referred to Codes / A.6532 - Referred to Codes 2017:S.2635- Passed Senate / A. 6532- Referred to Codes 2016:S.3755- Passed Senate 2015: S.3755- Passed Senate 2014: S.2137- Referred to Codes / A.7415- Referred to Codes 2013: S.2137- Referred to Codes / A.7415- Referred to Codes 2012: S.4119- Passed Senate / A. 6657- Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect on the first 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.