Bill Text: NY S05230 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to creating an affirmative defense in certain cases involving sexting by persons under the age of 18.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S05230 Detail]
Download: New_York-2017-S05230-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5230 2017-2018 Regular Sessions IN SENATE March 16, 2017 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to creating an affirmative defense in certain cases involving sexting by persons under the age of 18 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 40.20 to 2 read as follows: 3 § 40.20 Certain acts by a young person. 4 In any prosecution pursuant to section 235.21 or 235.22 or section 5 263.10, 263.11, 263.15 or 263.16 of this chapter, it is an affirmative 6 defense that the defendant was less than eighteen years old, and that 7 there is a less than four year age difference between the defendant and 8 the recipient at the time of the act, and the depiction or description 9 was not obtained in violation of section 250.45 or 250.50 of this chap- 10 ter, and both the defendant and the recipient expressly or impliedly 11 acquiesced in the conduct, and the defendant did not intend to or profit 12 from such conduct. 13 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04379-01-7
