STATE OF NEW YORK ________________________________________________________________________ 9180 IN ASSEMBLY February 12, 2024 ___________ Introduced by M. of A. BLUMENCRANZ -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the unlawful promotion or possession of a sexual performance of a child created by digitization and of sexually explicit depictions of a child created by digitization The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York AI Child Safety Act". 3 § 2. Section 263.10 of the penal law, as amended by chapter 1 of the 4 laws of 2000, is amended to read as follows: 5 § 263.10 Promoting an obscene sexual performance by a child. 6 A person is guilty of promoting an obscene sexual performance by a 7 child when, knowing the character and content thereof, he or she produc- 8 es, directs or promotes any obscene performance which includes sexual 9 conduct by a child less than [~~seventeen~~] eighteen years of age, includ- 10 ing an image or performance created or altered by digitization, from the 11 still or video image itself or from information displayed in connection 12 with the still or video image, where such image may reasonably be 13 perceived or identified to be a child less than eighteen years of age. 14 For purposes of this section the following terms shall have the 15 following meanings: 16 (a) "sexual conduct" shall have the same meaning as defined in subdi- 17 vision ten of section 130.00 of this chapter; and 18 (b) "digitization" shall mean to alter an image in a realistic manner 19 utilizing an image or images of a person, other than the person 20 depicted, or computer generated images. 21 Promoting an obscene sexual performance by a child is a class [D] C 22 felony. 23 § 3. Section 263.11 of the penal law, as amended by chapter 456 of the 24 laws of 2012, is amended to read as follows: 25 § 263.11 Possessing an obscene sexual performance by a child. 26 A person is guilty of possessing an obscene sexual performance by a 27 child when, knowing the character and content thereof, he or she know- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14326-01-4

A. 9180 2 1 ingly has in his or her possession or control, or knowingly accesses 2 with intent to view, any obscene performance which includes sexual 3 conduct by a child less than [~~sixteen~~] eighteen years of age, including 4 an image or performance created or altered by digitization, from the 5 still or video image itself or from information displayed in connection 6 with the still or video image, where such image may reasonably be 7 perceived or identified to be a child less than eighteen years of age. 8 For purposes of this section the following terms shall have the 9 following meanings: 10 (a) "sexual conduct" shall have the same meaning as defined in subdi- 11 vision ten of section 130.00 of this chapter; and 12 (b) "digitization" shall mean to alter an image in a realistic manner 13 utilizing an image or images of a person, other than the person 14 depicted, or computer generated images. 15 Possessing an obscene sexual performance by a child is a class [E] C 16 felony. 17 § 4. Section 263.15 of the penal law, as amended by chapter 1 of the 18 laws of 2000, is amended to read as follows: 19 § 263.15 Promoting a sexual performance by a child. 20 A person is guilty of promoting a sexual performance by a child when, 21 knowing the character and content thereof, he or she produces, directs 22 or promotes any performance which includes sexual conduct by a child 23 less than [~~seventeen~~] eighteen years of age, including an image or 24 performance created or altered by digitization, from the still or video 25 image itself or from information displayed in connection with the still 26 or video image, where such image may reasonably be perceived or identi- 27 fied to be a child less than eighteen years of age. 28 For purposes of this section the following terms shall have the 29 following meanings: 30 (a) "sexual conduct" shall have the same meaning as defined in subdi- 31 vision ten of section 130.00 of this chapter; and 32 (b) "digitization" shall mean to alter an image in a realistic manner 33 utilizing an image or images of a person, other than the person 34 depicted, or computer generated images. 35 Promoting a sexual performance by a child is a class [D] C felony. 36 § 5. Section 263.16 of the penal law, as amended by chapter 456 of the 37 laws of 2012, is amended to read as follows: 38 § 263.16 Possessing a sexual performance by a child. 39 A person is guilty of possessing a sexual performance by a child when, 40 knowing the character and content thereof, he or she knowingly has in 41 his or her possession or control, or knowingly accesses with intent to 42 view, any performance which includes sexual conduct by a child less than 43 [~~sixteen~~] eighteen years of age, including an image or performance 44 created or altered by digitization, from the still or video image itself 45 or from information displayed in connection with the still or video 46 image, where such image may reasonably be perceived or identified to be 47 a child less than eighteen years of age. 48 For purposes of this section the following terms shall have the 49 following meanings: 50 (a) "sexual conduct" shall have the same meaning as defined in subdi- 51 vision ten of section 130.00 of this chapter; and 52 (b) "digitization" shall mean to alter an image in a realistic manner 53 utilizing an image or images of a person, other than the person 54 depicted, or computer generated images. 55 Possessing a sexual performance by a child is a class [E] C felony. 56 § 6. This act shall take effect immediately.

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