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Enhances Penalties for Promoting Sexual Performances by Children
Tuesday, April 27, 2004
The New York State Senate today passed legislation (S.5707-A), sponsored by Senator Michael Balboni (R-C, Mineola), that increases penalties for those who promote or possess obscene sexual performances by children. The bill, which was submitted as a Governor�s Program Bill, also contains identity protections for children victimized by these offenses.
"The Internet has become the pedophile's playground," said Senator Balboni. "It is offensive that people who want to hurt children take advantage of new technology and outdated laws to help them accomplish their ugly goals."
The legislation expands the existing offenses of promoting and possessing obscene and sexual performances by a child. Under current law, a person is prosecuted for the same charge whether they possess one obscene image or one thousand. This bill increases penalties for those who possess or promote numerous obscene and sexual performances by a child and enhances penalties for those who disseminate or exhibit pornographic images to a child.
This legislation also permits prosecution of these offenders through use of undercover "sting" operations where police pose as a minor. Current law says it is only a crime to solicit a minor. This bill expands the definition to apply to someone the online predator thinks is a minor and ensures stronger prosecution of online sex offenders caught through sting operations.
"Protecting our children from criminals who would exploit their innocence is critically important to their health and safety," said Senate Majority Leader Joseph L. Bruno. "This legislation sends a very clear message that promoting or possessing sexual performances by children is wrong and that those who undertake these horrible actions will be severely punished."
The bill was sent to the Assembly.
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