What's happening
This bill prohibits registered sex offenders from working or volunteering as children's characters in roles involving substantial contact with children.
Why it matters
Targets a unique risk environment. By specifically addressing situations where adults dress as children’s characters (e.g., Santa Claus, Easter Bunny) with physical or close contact with kids, the bill aims to close a loophole not generally covered by existing sex offender employment restrictions.
Mandates comprehensive background checks. The legislation requires employers, organizations, and government entities to check multiple state and federal databases before hiring or permitting anyone for these roles, potentially increasing administrative burden but improving child safety.
Introduces criminal penalties for violations. Both sex offenders who violate this restriction and employers who knowingly hire them face criminal charges, including misdemeanors for first offenses and felonies for repeat offenders, which could deter noncompliance.
Broad definition of covered roles and events. The bill covers not just employment, but also unpaid volunteer work and event permits involving children’s characters, ensuring a wide range of public and private events (like mall appearances or store promotions) are subject to these protections.
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Who cares
Shopping malls, stores and children's event organizers
The bill would require background checks for prospective employees whose costumed-character roles involve substantial contact with children, and employers who knowingly hire a sex offender in violation would face a class A misdemeanor.
Costumed performers and volunteers
Paid and unpaid roles involving children's characters, including Santa Claus and the Easter bunny, would fall under the bill when they involve photos, lap-sitting or other physical contact with children.
Registered sex offenders
The bill would prohibit them from applying for or accepting covered positions, with a class A misdemeanor for a first conviction and a class D felony for subsequent convictions.
Government entities and organizations hiring children's characters
They would gain access to specified state and federal abuse, criminal-history and sex-offender records and be required to check prospective employees for convictions involving sexual abuse of a child.
Headline styles
Check Costumed Workers with Kids
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7031
IN SENATE (Prefiled)
January 8, 2020
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend the correction law, in relation to employment of sex offenders in a position involving substantial contact with children while dressed as a children's character
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 168-w of the correction law, as relettered by chapter 604 of the laws of 2005, is renumbered 168-x and a new section 168-w is added to read as follows:
§ 168-w. Employment in a position involving substantial contact with children dressed as a children's character. 1. No sex offender shall apply for or accept a position which involves substantial contact with children while said person is dressed as a children's character. Such position shall include any job, task or occupation, which by its nature, requires a person to be dressed as a children's character and in substantial contact with children in the regular performance of his or her duties or dealings in such position. This section shall also apply to any person seeking a permit or permission to execute any activity or performance while dressed as a children's character that would present a direct contact with children.
2. As used in this section, the following terms shall have the following meanings:
a. "Position" shall apply to any person seeking employment either paid or unpaid, any person seeking to volunteer, or any person seeking a permit or permission that would present a substantial contact with children while dressed as a children's character.
b. "Children's character" shall mean any costume worn by a person to depict a specific character to children and shall include but not be limited to:
i. legendary figures such as Santa Claus or the Easter bunny;
ii. mythical characters; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14448-01-9
S. 7031 2
iii. any such similar children's character that a person may dress as for a position which involves substantial contact with children.
c. "Substantial contact with children" shall mean allowing children to sit on such person dressed as a character's lap, having photos taken with children while such person is dressed as a children's character or any other activity that involves physical contact with children while such person is dressed as a children's character.
3. Examples of such employment shall include, but shall not be limited to, being dressed as a children's character at:
a. Any shopping mall or shopping center event specifically targeted toward children interacting with such a character, such as but not limited to photos with Santa;
b. Any store event that is specifically targeted toward children interacting with such a character;
c. Any such similar event that promotes activities targeted toward children interacting with such a character.
4. Employers, organizations and government entities shall have access to the statewide central registry of child abuse and maltreatment, the New York state sex offender registry, the criminal history repository with the division of criminal justice services, the national criminal repository with the federal bureau of investigation and the national sex offender registry using the national crime and information center, established under the Adam Walsh child protection and safety act of 2006 (42 U.S.C. 16901 et seq) for the purpose of performing a background check for any convictions of sexual abuse of a child. Every employer, organization and government entity shall check any potential employees seeking to assume a position that will be in substantial contact with children dressed as a children's character against the statewide central registry of child abuse and maltreatment, the New York state sex offender registry, the criminal history repository with the division of criminal justice services, the national criminal repository with the federal bureau of investigation and the national sex offender registry using the national crime and information center, established under the Adam Walsh child protection and safety act of 2006 (42 U.S.C. 16901 et seq) to ascertain if said person has a conviction for sexual abuse of a child.
5. a. Any sex offender who applies for or accepts employment in violation of this section shall be guilty of a class A misdemeanor upon the first conviction thereof, and upon a second or subsequent conviction thereof shall be guilty of a class D felony.
b. Any employer who knowingly employs a sex offender in violation of this section shall, upon conviction, be guilty of a class A misdemeanor.
§ 2. 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 correction law, in relation to employment of sex offenders in a position involving substantial contact with children while dressed as a children's character
Purpose
To require background checks for individuals who dress as Santa Claus, the Easter bunny or other children's characters in order to protect children from the possibility of sex offenders working in these posi- tions
Summary of provisions
Section 1: Adds a new section 168-w to the Correction Law. The new section: 1) Prohibits any sex offender from applying for or accepting a position which involves substantial contact with children while dressed as chil- dren's character 2) Defines "position", "children's character", and "substantial contact with children" 3) Provides examples of such employment including but not limited to a shopping mall event targeted towards children such as photos with Santa 4) Requires employers to check any potential employee seeking to assume a position as a children's character that would require substantial contact with children against the statewide registry of child abuse and maltreatment, the statewide and national sex offender registries, and the state and federal criminal history databases to ascertain if the applicant has a conviction for sexual abuse of a child 5) Provides that any sex offender who applies for or accepts employment in violation of this section will be guilty of a class A misdemeanor on the first offense and a class D felony on a second or subsequent conviction, and provides that any employer who knowingly employs a sex offender in violation of this section shall, upon conviction, be guilty of a class A misdemeanor.
Section 2: Effective date.
Justification
Every year, hundreds of thousands of children around New York pose for pictures with people dressed as Santa Claus, the Easter bunny, and other children's characters at malls, festivals, and other events. In many cases, the adults dressed as Santa or other children's characters are in close physical contact with children, including having them sit on their lap. But unlike most other instances where people work with children, there is no requirement that people costumed as Santa and similar char- acters be screened to see if they have a history of child sexual abuse. Around the country, there have been incidents where sex offenders have been hired as Santa, exposing children to significant risk. New York needs to keep our children safe by requiring background checks for anyone dressed as a children's character who interacts with children.
Legislative history
New bill
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.