Bill Text: NY A01860 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to creating an affirmative defense in certain cases involving sexting by persons under the age of 18.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A01860 Detail]

Download: New_York-2019-A01860-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1860--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2019
                                       ___________

        Introduced  by  M.  of A. ZEBROWSKI, LIFTON -- 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 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, that  there
     7  was  a  less than four year age difference between the defendant and the
     8  recipient at the time of the act, that the recipient was at least  thir-
     9  teen  years old at the time of the act, and the depiction or description
    10  was not obtained in violation of section 250.45 or 250.50 of this  chap-
    11  ter,  and  both  the  defendant and the recipient expressly or impliedly
    12  acquiesced in the conduct, and the defendant did not intend to or profit
    13  from such conduct.
    14    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06153-03-9
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