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Closing NY's Child Porn Loophole

Closing NY's Child Porn Loophole

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Published by: pritchie10 on May 15, 2012
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GOLDEN, BONACIC, DeFRANCISCO, DIAZ, GRIFFO, GRISANTI, JOHNSON, LITTLE,MARTINS, MAZIARZ, NOZZOLIO, RITCHIE, ROBACH, YOUNG, ZELDINRelates to the crime of possessing a sexual performance by a child to include knowinglyaccessing with intent to view such materialCRIMINAL SANCTION IMPACT.
STATE OF NEW YORK 
 ________________________________________________________________________S. 7407 A. 10161
SENATE - ASSEMBLY
 May 9, 2012___________
IN SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-ed, and when printed to be committed to the Committee on CodesIN ASSEMBLY -- Introduced by M. of A. LENTOL -- read once and referredto the Committee on CodesAN ACT to amend the penal law, in relation to amending the crime ofpossessing an obscene sexual performance by a child to include know-ingly accessing such material with intent to view
The People of the State of New York, represented in Senate and Assem-
 
 bly, do enact as follows:
 1 Section 1. Section 263.11 of the penal law, as added by chapter 11 of2 the laws of 1996, is amended to read as follows:3 § 263.11 Possessing an obscene sexual performance by a child.4 A person is guilty of possessing an obscene sexual performance by a5 child when, knowing the character and content thereof, he knowingly has6 in his possession or control
, or knowingly accesses with intent to view,
 7 any obscene performance which includes sexual conduct by a child less8 than sixteen years of age.9 Possessing an obscene sexual performance by a child is a class E felo-10 ny.11 § 2. Section 263.16 of the penal law, as added by chapter 11 of the12 laws of 1996, is amended to read as follows:13 § 263.16 Possessing a sexual performance by a child.14 A person is guilty of possessing a sexual performance by a child when,15 knowing the character and content thereof, he knowingly has in his16 possession or control
, or knowingly accesses with intent to view,
any17 performance which includes sexual conduct by a child less than sixteen18 years of age.19 Possessing a sexual performance by a child is a class E felony.20 § 3. This act shall take effect immediately.EXPLANATION--Matter in
italics
(underscored) is new; matter in brackets[
 
] is old law to be omitted.LBD15801-01-2
 
NEW YORK STATE SENATEINTRODUCER'S MEMORANDUM IN SUPPORTsubmitted in accordance with Senate Rule VI. Sec 1
 
BILL NUMBER:
S7407
SPONSOR:
GOLDEN
TITLE OF BILL
:An act to amend the penal law, in relation to amending the crime ofpossessing an obscene sexual performance by a child to include knowinglyaccessing such material with intent to view
SUMMARY OF SPECIFIC PROVISIONS
:Amends 263.11 and 263.16 of the penal law regarding the accessing childpornography with intent to view.
JUSTIFICATION
:This proposal will add a provision to the penal law to address an issueraised in a recent Court of Appeals decision, People v. Kent. TheCourt, in its decision ruled that viewing child pornography did notconstitute a crime under current law. This legislation if enacted willconform NYS law with Federal standards.
PRIOR LEGISLATIVE HISTORY
:None.
EFFECTIVE DATE
:This act shall take effect immediately.
 
=================================================================This opinion is uncorrected and subject to revision beforepublication in the New York Reports.-----------------------------------------------------------------No. 70The People &c.,Respondent,v.James D. Kent,Appellant.Nathan Z. Dershowitz,for appellant.Bridget Rahilly Steller,for respondent.CIPARICK, J.:The question presented for our review is whether theevidence proffered at defendant's trial was legally sufficientto support his convictions for Promoting a Sexual Performance bya Child (Penal Law § 263.15) and Possessing a Sexual Performanceby a Child (Penal Law § 263.16). We must consider, among other- 1 -

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