STATE OF NEW YORK ________________________________________________________________________ 532 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sens. YOUNG, AVELLA, BONACIC, DeFRANCISCO, FUNKE, GALLI- VAN, GOLDEN, LANZA, LARKIN, O'MARA, ORTT, RANZENHOFER, 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 Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of 2 the penal law, paragraph (a) as amended by chapter 368 of the laws of 3 2015 and paragraph (b) as amended by chapter 1 of the laws of 2013, are 4 amended to read as follows: 5 (a) Class B violent felony offenses: an attempt to commit the class 6 A-I felonies of murder in the second degree as defined in section 7 125.25, kidnapping in the first degree as defined in section 135.25, and 8 arson in the first degree as defined in section 150.20; manslaughter in 9 the first degree as defined in section 125.20, aggravated manslaughter 10 in the first degree as defined in section 125.22, rape in the first 11 degree as defined in section 130.35, criminal sexual act in the first 12 degree as defined in section 130.50, aggravated sexual abuse in the 13 first degree as defined in section 130.70, course of sexual conduct 14 against a child in the first degree as defined in section 130.75; 15 assault in the first degree as defined in section 120.10, kidnapping in 16 the second degree as defined in section 135.20, burglary in the first 17 degree as defined in section 140.30, arson in the second degree as 18 defined in section 150.15, robbery in the first degree as defined in 19 section 160.15, promoting a sex offense against a child as defined in 20 section 263.35, sex trafficking as defined in paragraphs (a) and (b) of 21 subdivision five of section 230.34, incest in the first degree as 22 defined in section 255.27, criminal possession of a weapon in the first EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05954-01-7

S. 532 2 1 degree as defined in section 265.04, criminal use of a firearm in the 2 first degree as defined in section 265.09, criminal sale of a firearm in 3 the first degree as defined in section 265.13, aggravated assault upon a 4 police officer or a peace officer as defined in section 120.11, gang 5 assault in the first degree as defined in section 120.07, intimidating a 6 victim or witness in the first degree as defined in section 215.17, 7 hindering prosecution of terrorism in the first degree as defined in 8 section 490.35, criminal possession of a chemical weapon or biological 9 weapon in the second degree as defined in section 490.40, and criminal 10 use of a chemical weapon or biological weapon in the third degree as 11 defined in section 490.47. 12 (b) Class C violent felony offenses: an attempt to commit any of the 13 class B felonies set forth in paragraph (a) of this subdivision; aggra- 14 vated criminally negligent homicide as defined in section 125.11, aggra- 15 vated manslaughter in the second degree as defined in section 125.21, 16 aggravated sexual abuse in the second degree as defined in section 17 130.67, assault on a peace officer, police officer, fireman or emergency 18 medical services professional as defined in section 120.08, assault on a 19 judge as defined in section 120.09, gang assault in the second degree as 20 defined in section 120.06, strangulation in the first degree as defined 21 in section 121.13, burglary in the second degree as defined in section 22 140.25, robbery in the second degree as defined in section 160.10, 23 possessing a sex offense against a child as defined in section 263.40, 24 criminal possession of a weapon in the second degree as defined in 25 section 265.03, criminal use of a firearm in the second degree as 26 defined in section 265.08, criminal sale of a firearm in the second 27 degree as defined in section 265.12, criminal sale of a firearm with the 28 aid of a minor as defined in section 265.14, aggravated criminal 29 possession of a weapon as defined in section 265.19, soliciting or 30 providing support for an act of terrorism in the first degree as defined 31 in section 490.15, hindering prosecution of terrorism in the second 32 degree as defined in section 490.30, and criminal possession of a chemi- 33 cal weapon or biological weapon in the third degree as defined in 34 section 490.37. 35 § 2. Section 263.00 of the penal law is amended by adding a new subdi- 36 vision 10 to read as follows: 37 10. "Computer network" means the interconnection of hardware or wire- 38 less communication lines with a computer through remote terminals, or a 39 complex consisting of two or more interconnected computers. 40 § 3. The penal law is amended by adding two new sections 263.35 and 41 263.40 to read as follows: 42 § 263.35 Promoting a sex offense against a child. 43 A person is guilty of promoting a sex offense against a child when, 44 knowing the character and content thereof, he or she produces, directs 45 or promotes any visual or audio representation of the commission of any 46 offense defined in article one hundred thirty of this part against a 47 child less than sixteen years of age, including the dissemination of any 48 such representation through a computer network. 49 Promoting a sex offense against a child is a class B felony. 50 § 263.40 Possessing a sex offense against a child. 51 A person is guilty of possessing a sex offense against a child when, 52 knowing the character and content thereof, he or she knowingly has in 53 his or her possession or control any visual or audio representation of 54 the commission of any offense defined in article one hundred thirty of 55 this part against a child less than sixteen years of age. 56 Possessing a sex offense against a child is a class C felony.

S. 532 3 1 § 4. This act shall take effect on the first of November next succeed- 2 ing the date on which it shall have become a law.