A 4487: Increases the penalties for sexual performances by a child; increases age from 16 to 18 for application of existing sexual performance crimes; creates crimes of use of a child in a sexual performance in the first degree, promoting an obscene sexual performance by a child in the first degree, and promoting a sexual performance by a child in the first degree; provides for consecutive sentencing upon certain multiple convictions.

  
  STATE OF NEW YORK ________________________________________________________________________ 4487 2025-2026 Regular Sessions  IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. JENSEN -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to increasing the criminal penalties for sexual performances by a child and in relation to providing for consecutive sentencing upon certain multiple convictions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 of section 263.00 of the penal law, as 2 amended by chapter 1 of the laws of 2000, are amended to read as 3 follows: 4 1. "Sexual performance" means any performance or part thereof which[, 5 for purposes of section 263.16 of this article,] includes sexual conduct 6 by a child less than [sixteen] eighteen years of age [or, for purposes 7 of section 263.05 or 263.15 of this article, includes sexual conduct by 8 a child less than seventeen years of age]. 9 2. "Obscene sexual performance" means any performance which[, for 10 purposes of section 263.11 of this article,] includes sexual conduct by 11 a child less than [sixteen] eighteen years of age [or, for purposes of 12 section 263.10 of this article, includes sexual conduct by a child less 13 than seventeen years of age,] in any material which is obscene, as such 14 term is defined in section 235.00 of this [chapter] part. 15 § 2. The penal law is amended by adding a new section 263.03 to read 16 as follows: 17 § 263.03 Use of a child in a sexual performance in the first degree. 18 A person is guilty of the use of a child in a sexual performance in 19 the first degree if knowing the character and content thereof such 20 person employs, authorizes or induces a child less than twelve years of 21 age to engage in a sexual performance or being a parent, legal guardian 22 or custodian of such child, such person consents to the participation by 23 such child in a sexual performance. 24 Use of a child in a sexual performance in the first degree is a class 25 B felony. 26 § 3. Section 263.05 of the penal law, as amended by chapter 1 of the 27 laws of 2000, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06745-01-5 
 A. 4487 2 1 § 263.05 Use of a child in a sexual performance in the second degree. 2 A person is guilty of the use of a child in a sexual performance in 3 the second degree if knowing the character and content thereof [he] such 4 person employs, authorizes or induces a child less than [seventeen] 5 eighteen years of age to engage in a sexual performance or being a 6 parent, legal guardian or custodian of such child, [he] such person 7 consents to the participation by such child in a sexual performance. 8 Use of a child in a sexual performance in the second degree is a class 9 C felony. 10 § 4. The penal law is amended by adding a new section 263.08 to read 11 as follows: 12 § 263.08 Promoting an obscene sexual performance by a child in the first 13 degree. 14 A person is guilty of promoting an obscene sexual performance by a 15 child in the first degree when, knowing the character and content there- 16 of, such person produces, directs or promotes any obscene performance 17 which includes sexual conduct by a child less than twelve years of age. 18 Promoting an obscene sexual performance by a child in the first degree 19 is a class C felony. 20 § 5. Section 263.10 of the penal law, as amended by chapter 1 of the 21 laws of 2000, is amended to read as follows: 22 § 263.10 Promoting an obscene sexual performance by a child in the 23 second degree. 24 A person is guilty of promoting an obscene sexual performance by a 25 child in the second degree when, knowing the character and content ther- 26 eof, [he] such person produces, directs or promotes any obscene perform- 27 ance which includes sexual conduct by a child less than [seventeen] 28 eighteen years of age. 29 Promoting an obscene sexual performance by a child in the second 30 degree is a class D felony. 31 § 6. Section 263.11 of the penal law, as amended by chapter 456 of the 32 laws of 2012, is amended to read as follows: 33 § 263.11 Possessing an obscene sexual performance by a child. 34 A person is guilty of possessing an obscene sexual performance by a 35 child when, knowing the character and content thereof, [he] such person 36 knowingly has in [his] such person's possession or control, or knowingly 37 accesses with intent to view, any obscene performance which includes 38 sexual conduct by a child less than [sixteen] eighteen years of age. 39 Possessing an obscene sexual performance by a child is a class E felo- 40 ny. 41 § 7. The penal law is amended by adding a new section 263.13 to read 42 as follows: 43 § 263.13 Promoting a sexual performance by a child in the first degree. 44 A person is guilty of promoting a sexual performance by a child in the 45 first degree when, knowing the character and content thereof, such 46 person produces, directs or promotes any performance which includes 47 sexual conduct by a child less than twelve years of age. 48 Promoting a sexual performance by a child in the first degree is a 49 class C felony. 50 § 8. Section 263.15 of the penal law, as amended by chapter 1 of the 51 laws of 2000, is amended to read as follows: 52 § 263.15 Promoting a sexual performance by a child in the second degree. 53 A person is guilty of promoting a sexual performance by a child in the 54 second degree when, knowing the character and content thereof, [he] such 55 person produces, directs or promotes any performance which includes 56 sexual conduct by a child less than [seventeen] eighteen years of age. 
 A. 4487 3 1 Promoting a sexual performance by a child in the second degree is a 2 class D felony. 3 § 9. Section 263.16 of the penal law, as amended by chapter 456 of the 4 laws of 2012, is amended to read as follows: 5 § 263.16 Possessing a sexual performance by a child. 6 A person is guilty of possessing a sexual performance by a child when, 7 knowing the character and content thereof, [he] such person knowingly 8 has in [his] such person's possession or control, or knowingly accesses 9 with intent to view, any performance which includes sexual conduct by a 10 child less than [sixteen] eighteen years of age. 11 Possessing a sexual performance by a child is a class E felony. 12 § 10. Subdivision 1 of section 263.20 of the penal law, as amended by 13 chapter 1 of the laws of 2000, is amended to read as follows: 14 1. Under this article, it shall be an affirmative defense that the 15 defendant in good faith reasonably believed the person appearing in the 16 performance was, for purposes of section 263.11 or 263.16 of this arti- 17 cle, [sixteen] eighteen years of age or over or, for purposes of section 18 263.05, 263.10 or 263.15 of this article, [seventeen] eighteen years of 19 age or over. 20 § 11. The opening paragraph of subdivision 1 and subdivision 2 of 21 section 70.25 of the penal law, the opening paragraph of subdivision 1 22 as amended by chapter 372 of the laws of 1981 and subdivision 2 as 23 amended by chapter 56 of the laws of 1984, are amended and a new subdi- 24 vision 6 is added to read as follows: 25 Except as provided in subdivisions two, two-a [and], five and six of 26 this section, when multiple sentences of imprisonment are imposed on a 27 person at the same time, or when a person who is subject to any undisc- 28 harged term of imprisonment imposed at a previous time by a court of 29 this state is sentenced to an additional term of imprisonment, the 30 sentence or sentences imposed by the court shall run either concurrently 31 or consecutively with respect to each other and the undischarged term or 32 terms in such manner as the court directs at the time of sentence. If 33 the court does not specify the manner in which a sentence imposed by it 34 is to run, the sentence shall run as follows: 35 2. When more than one sentence of imprisonment is imposed on a person 36 for two or more offenses committed through a single act or omission, or 37 through an act or omission which in itself constituted one of the 38 offenses and also was a material element of the other, the sentences, 39 except if one or more of such sentences is for a violation of section 40 263.03, 263.05, 263.08, 263.10, 263.13, 263.15, or 270.20 of this chap- 41 ter, must run concurrently. 42 6. When a person is convicted of use of a child in a sexual perform- 43 ance in the first degree as defined in section 263.03 of this chapter or 44 use of a child in a sexual performance in the second degree as defined 45 in section 263.05 of this chapter or promoting an obscene sexual 46 performance by a child in the first degree as defined in section 263.08 47 of this chapter or promoting an obscene sexual performance by a child in 48 the second degree as defined in section 263.10 of this chapter or 49 promoting a sexual performance by a child in the first degree as defined 50 in section 263.13 of this chapter or promoting a sexual performance by a 51 child in the second degree as defined in section 263.15 of this chapter, 52 and any other crime, the sentences for such crimes shall run consec- 53 utively. 54 § 12. This act shall take effect on the first of November next 55 succeeding the date on which it shall have become a law.