S T A T E   O F   N E W   Y O R K
     ________________________________________________________________________
                                      3967--A
                            1995-1996 Regular Sessions
                               I N  A S S E M B L Y
                                    (PREFILED)
                                  January 4, 1995
                                    ___________
     Introduced  by  M. of A. DESTITO, ROBACH, CONNELLY, GROMACK, CANESTRARI,
       PORDUM, SCHIMMINGER -- Multi-Sponsored by --  M.  of  A.  ENGLEBRIGHT,
       GALEF, GANTT, GREENE, HARENBERG, HIKIND, KAUFMAN, KEANE, KLEIN, LAFAY-
       ETTE,  ORTIZ,  PERRY,  PRETLOW,  SWEENEY, TOCCI, TOKASZ, TONKO -- read
       once and referred to the Committee on Codes --  committee  discharged,
       bill  amended,  ordered  reprinted  as amended and recommitted to said
       committee
     AN ACT to amend the penal law, in  relation  to  disseminating  indecent
       material to minors through any computer communication system
       THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
     BLY, DO ENACT AS FOLLOWS:
  1    Section 1. The section heading and subdivision 1 of section 235.15  of
  2  the  penal  law,  as  amended  by  chapter  1031 of the laws of 1971, is
  3  amended to read as follows:
  4    Obscenity OR DISSEMINATING INDECENT MATERIAL TO MINORS IN  THE  SECOND
  5  DEGREE; defense.
  6    1. In any prosecution for obscenity, OR DISSEMINATING INDECENT MATERI-
  7  AL  TO  MINORS IN THE SECOND DEGREE IN VIOLATION OF SUBDIVISION THREE OF
  8  SECTION 235.21, it is an affirmative defense that the  persons  to  whom
  9  allegedly  obscene   OR INDECENT material was disseminated, or the audi-
 10  ence to an allegedly obscene performance, consisted of persons or insti-
 11  tutions having scientific, educational, governmental  or  other  similar
 12  justification for possessing, DISSEMINATING or viewing the same.
 13    ß  2.  The  opening  paragraph  of section 235.20 of the penal law, as
 14  added by chapter 791 of the laws of 1967, is amended to read as follows:
 15    The following definitions are applicable  to  sections  235.21  [and],
 16  235.22 AND 235.23:
 17    ß  3.  The section heading and the closing paragraph of section 235.21
 18  of the penal law, as amended by chapter 582 of the  laws  of  1969,  are
 19  amended to read as follows:
 20    Disseminating indecent material to minors IN THE SECOND DEGREE.
 21    Disseminating  indecent  material  to minors IN THE SECOND DEGREE is a
 22  class E felony.
                                    PAGE-2
  1    ß 4. Paragraph (c) of subdivision 2 of section  235.21  of  the  penal
  2  law, as amended by chapter 582 of the laws of 1969, is amended and a new
  3  subdivision 3 is added to read as follows:
  4    (c)    Admits a minor for a monetary consideration to premises whereon
  5  there is exhibited or to be exhibited such motion picture show or  other
  6  presentation[.]; OR
  7    3.  KNOWING  THE  CHARACTER AND CONTENT OF THE COMMUNICATION WHICH, IN
  8  WHOLE OR IN PART, DEPICTS ACTUAL OR SIMULATED NUDITY, SEXUAL CONDUCT  OR
  9  SADO-MASOCHISTIC  ABUSE, AND WHICH IS HARMFUL TO MINORS, HE INITIATES OR
 10  ENGAGES IN SUCH COMMUNICATION WITH A MINOR THROUGH ANY COMPUTER COMMUNI-
 11  CATION SYSTEM ALLOWING THE INPUT, OUTPUT, EXAMINATION  OR  TRANSFER,  OF
 12  COMPUTER DATA OR COMPUTER PROGRAMS FROM ONE COMPUTER TO ANOTHER.
 13    ß  5. Section 235.22 of the penal law is renumbered section 235.23 and
 14  a new section 235.22 is added to read as follows:
 15  ß 235.22 DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST DEGREE.
 16    A PERSON IS GUILTY OF DISSEMINATING INDECENT MATERIAL TO MINORS IN THE
 17  FIRST DEGREE WHEN:
 18    1. KNOWING THE CHARACTER AND CONTENT OF THE  COMMUNICATION  WHICH,  IN
 19  WHOLE OR IN PART, DEPICTS ACTUAL OR SIMULATED SEXUAL CONDUCT OR SADO-MA-
 20  SOCHISTIC  ABUSE  WHICH IS HARMFUL TO MINORS, HE INITIATES OR ENGAGES IN
 21  SUCH COMMUNICATION WITH  A  MINOR  THROUGH  ANY  COMPUTER  COMMUNICATION
 22  SYSTEM  ALLOWING THE INPUT, OUTPUT, EXAMINATION OR TRANSFER, OF COMPUTER
 23  DATA OR COMPUTER PROGRAMS FROM ONE COMPUTER TO ANOTHER; AND
 24    2. BY MEANS OF SUCH COMMUNICATION HE IMPORTUNES, INVITES OR INDUCES  A
 25  MINOR  TO  ENGAGE  IN SEXUAL INTERCOURSE, DEVIATE SEXUAL INTERCOURSE, OR
 26  SEXUAL CONTACT WITH HIM, OR TO ENGAGE IN A SEXUAL  PERFORMANCE,  OBSCENE
 27  SEXUAL PERFORMANCE, SEXUAL CONDUCT, OR PERFORMANCE FOR HIS BENEFIT.
 28    DISSEMINATING  INDECENT  MATERIAL  TO  MINORS IN THE FIRST DEGREE IS A
 29  CLASS D FELONY.
 30    ß 6. The penal law is amended by adding a new section 235.24  to  read
 31  as follows:
 32  ß 235.24 DISSEMINATING INDECENT MATERIAL TO MINORS; DEFENSE.
 33    IN  ANY  PROSECUTION  FOR DISSEMINATING INDECENT MATERIAL TO MINORS IN
 34  THE SECOND DEGREE PURSUANT TO SUBDIVISION THREE  OF  SECTION  235.21  OF
 35  THIS  ARTICLE  OR DISSEMINATING INDECENT MATERIAL TO MINORS IN THE FIRST
 36  DEGREE PURSUANT TO SECTION 235.22 OF THIS ARTICLE, IT SHALL BE AN AFFIR-
 37  MATIVE DEFENSE THAT:
 38    1. THE DEFENDANT MADE A REASONABLE EFFORT TO ASCERTAIN THE TRUE AGE OF
 39  THE MINOR; AND
 40    2. THE DEFENDANT WAS UNABLE TO DO SO AS A RESULT OF ACTIONS  TAKEN  BY
 41  THE MINOR; AND
 42    3. THE DEFENDANT MADE NO ATTEMPT TO CONCEAL HIS TRUE AGE OR IDENTITY.
 43    ß  7.  This  act  shall  take effect on the first day of November next
 44  succeeding the date on which it shall have become a law.
.