Bill Text: NY S04345 | 2019-2020 | General Assembly | Amended

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Bill Title: Expands the definition of the offense of coercion in the second degree to include the production or dissemination of intimate images; and relates to the definition of "sex offense".

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Engrossed - Dead) 2020-07-21 - referred to codes [S04345 Detail]

Download: New_York-2019-S04345-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4345--A
            Cal. No. 61

                               2019-2020 Regular Sessions

                    IN SENATE

                                      March 7, 2019
                                       ___________

        Introduced  by Sens. MARTINEZ, ADDABBO, BIAGGI, KAPLAN, KRUEGER, PARKER,
          SERRANO, THOMAS -- read twice and ordered printed, and when printed to
          be committed to the Committee on Codes -- recommitted to the Committee
          on Codes in accordance with Senate Rule 6, sec. 8 -- reported  favora-
          bly  from  said committee, ordered to first and second report, ordered
          to a third reading, amended and ordered reprinted, retaining its place
          in the order of third reading

        AN ACT to amend the penal law, in relation to expanding  the  definition
          of  the  offense  of  coercion  in  the  second  degree to include the
          production or dissemination of  intimate  images;  and  to  amend  the
          correction law, in relation to the definition of "sex offense"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 135.61 of the penal law, as added by section  2  of
     2  part  NN  of  chapter  55  of  the  laws  of 2018, is amended to read as
     3  follows:
     4  § 135.61 Coercion in the second degree.
     5    A person is guilty of coercion in the second degree  when  he  or  she
     6  commits  the crime of coercion in the third degree as defined in section
     7  135.60 of this article and thereby:
     8    1. compels or induces a person to engage in sexual  intercourse,  oral
     9  sexual  conduct  or  anal  sexual  conduct  as such terms are defined in
    10  section [130] 130.00 of [the penal law]  this title; or
    11    2. Compels or induces a person to produce, disseminate,  or  otherwise
    12  display  an image or images depicting the person's sexual or other inti-
    13  mate parts as defined by section 250.40 of this part.
    14    Coercion in the second degree is a class E felony.
    15    § 2. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
    16  168-a  of  the  correction law, as amended by chapter 189 of the laws of
    17  2018, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08577-03-0
        S. 4345--A                          2

     1    (i) a conviction of or a conviction for an attempt to  commit  any  of
     2  the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
     3  130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 and  255.27  or
     4  article  two  hundred  sixty-three  of the penal law, or section 135.05,
     5  135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
     6  provided the victim of such kidnapping or related offense is  less  than
     7  seventeen years old and the offender is not the parent of the victim, or
     8  section  135.61  of  the  penal law, or section 230.04, where the person
     9  patronized is in fact less than seventeen years of age, 230.05,  230.06,
    10  230.11,  230.12,  230.13,  subdivision  two  of  section 230.30, section
    11  230.32, 230.33, or 230.34 of the penal law, or  section  230.25  of  the
    12  penal  law  where  the person prostituted is in fact less than seventeen
    13  years old, or
    14    § 3. This act shall take effect on the first of January next  succeed-
    15  ing  the  date  upon which it shall have become a law and shall apply to
    16  offenses occurring on and after such  effective  date.  Effective  imme-
    17  diately  the addition, amendment and/or repeal of any rule or regulation
    18  necessary for the implementation of this act on its effective  date  are
    19  authorized to be made and completed on or before such date.