What's happening
This bill creates new felony offenses for promoting or possessing visual or audio depictions of sex offenses against children under sixteen.
Why it matters
Expands criminal liability beyond actual abusers. The bill targets not just perpetrators of sex offenses against children, but also those who produce, direct, promote, or simply possess visual or audio recordings of such crimes, potentially capturing a wider range of offenders in the legal net.
Criminalizes dissemination through technology. By specifically including the use of computer networks for distributing illegal content, the legislation updates the law to address modern methods of sharing such material, aiming to curb the spread via the internet and digital devices.
Introduces severe felony penalties. The creation of new Class B and C violent felonies means individuals convicted under these provisions could face long prison sentences, reflecting the legislature’s intent to treat these offenses with the same seriousness as other major violent crimes.
Focuses on child victims under sixteen. By setting the age threshold at under sixteen, the bill defines a broader group of victims than some existing laws, which may only apply to younger children, thereby extending stronger protections to more minors.
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Who cares
Headline styles
Crack Down on Child Sex Crimes
Plain English, a few words. Used as the page title.
Sponsors
History
- Recommit, enacting clause stricken
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
991
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. YOUNG, FUNKE, GALLIVAN, LANZA, O'MARA, ORTT, RANZEN- HOFER, RITCHIE, SERINO -- 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 establishing the offenses of promoting and possessing a sex offense against a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the penal law, paragraph (a) as amended by chapter 189 of the laws of 2018 and paragraph (b) as amended by chapter 476 of the laws of 2018, are amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivision five of section 230.34, sex trafficking of a child as defined in section 230.34-a, incest in the first degree as defined in section 255.27, promoting a sex offense against a child as defined in section 263.35, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03629-02-9
S. 991 2
the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47.
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, firefighter or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, possessing a sex offense against a child as defined in section 263.40, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
§ 2. Section 263.00 of the penal law is amended by adding a new subdivision 10 to read as follows:
10. "Computer network" means the interconnection of hardware or wireless communication lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers.
§ 3. The penal law is amended by adding two new sections 263.35 and 263.40 to read as follows: § 263.35 Promoting a sex offense against a child.
A person is guilty of promoting a sex offense against a child when, knowing the character and content thereof, he or she produces, directs or promotes any visual or audio representation of the commission of any offense defined in article one hundred thirty of this part against a child less than sixteen years of age, including the dissemination of any such representation through a computer network.
Promoting a sex offense against a child is a class B felony. § 263.40 Possessing a sex offense against a child.
A person is guilty of possessing a sex offense against a child when, knowing the character and content thereof, he or she knowingly has in his or her possession or control any visual or audio representation of the commission of any offense defined in article one hundred thirty of this part against a child less than sixteen years of age.
Possessing a sex offense against a child is a class C felony.
§ 4. 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 estab- lishing the offenses of promoting and possessing a sex offense against a child
Purpose
Section 1: Amends paragraphs (a) and (b) of subdivision 1 of section 70.02 of the Penal Law to create the new crimes of promoting and possessing a sex offense with a child. Additionally, it directly addresses the solicitation and/or participation in such acts via a computer network (i.e. the internet, Instant message, e-mail, blog, etc.).
Section 2: Amends section 263.00 of the Penal Law by adding a new subdi- vision 10.
Section 3: Amends the Penal Law to add two new sections, 263.35 Promot- ing a Sex Offense Against a Child and 263.40 Possessing a Sex Offense Against a Child.
Section 4 sets forth the effective date. SUMMARY OF PROVISIONS: State Penal Law is amended to establish the new crime of promoting a sex offense against a child as a Class B violent felony and possessing a sex offense against a child as a Class C violent felony.
Justification
Without question, the proliferation of modern technology has enhanced our lives in countless ways. Unfortunately, child predators are also using modern technology to promote their sexual crimes against children. In cyberspace, child predators are not limited by the traditional bound- aries of time and geography. The Internet has provided these predators with a worldwide forum where like-minded pedophiles have formed online communities which openly discuss and provide mutual support for their perverted philosophies and activities. Computer Networks and the Inter- net also supply child predators with the tools they need to promote their criminal activities in the form of anonymity, ease of accessibil- ity and real time communication with other persons of the pedophile community. Emboldened by this sense of community and support, child predators have become more impudent and explicit in their exploitation of children. This was seen recently in Jamestown, NY, where a 55-year-old man performed sexual acts with a 9-year-old female and broadcast it live over the Internet. While the predator was having sex with the child, Internet viewers sent instant messages, offering suggestions of abuse.
This legislation seeks to remove the cloak of security pedophiles have found within the Internet. By creating these new crimes and directly addressing the solicitation and/or participation in such heinous acts by other Internet users (i.e. Instant message, e-mail, blog, etc.), this bill accurately reflects the full scope of injury inflicted by these Internet crimes against children.
Legislative history
2018: S.532 Referred to Codes 2017: S.532 Reported and Committed to Rules 2016: S.3212-A Passed Senate 2015: S.3212 Passed Senate 2013, 2014: S.2620 Referred to Codes 2011,2012: S.746-B Passed Senate 2009,2010: S.3411 Referred to Codes 2007,2008: S.3245/A.8745 Passed Senate 2005,2006: S.5685-A Passed Senate
Fiscal implications
None.
Effective date
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.