NY A07206

Sex offenders are prohibited from applying for or accepting positions involving substantial contact with children while dressed as a children's character, including paid employment, volunteer positions, and permitted performances.

"Children's character" includes legendary figures (Santa Claus, Easter bunny), mythical characters, and similar costumes, while "substantial contact" includes allowing children to sit on the person's lap, taking photos, or any physical contact while in costume.

Employers, organizations, and government entities must conduct background checks against the New York state sex offender registry, statewide child abuse registry, criminal history repository, and national sex offender registry before hiring someone for these positions.

A sex offender who violates this section faces a class A misdemeanor charge on first conviction and a class D felony on subsequent convictions; employers who knowingly employ violators face a class A misdemeanor charge.

The act takes effect on November 1 following the date it becomes law.