Bill Text: NY A11266 | 2017-2018 | General Assembly | Introduced

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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 1-0)

Status: (Introduced - Dead) 2018-07-25 - referred to codes [A11266 Detail]

Download: New_York-2017-A11266-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          11266
                   IN ASSEMBLY
                                      July 25, 2018
                                       ___________
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Zebrowski)
          -- read once and referred to the Committee on Codes
        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 compels or induces a person to engage
     8  in sexual intercourse, oral sexual conduct or  anal  sexual  conduct  as
     9  such  terms  are  defined  in  section [130] 130.00 of the penal law  or
    10  produce, disseminate, or otherwise display an image or images  depicting
    11  the person's sexual or other intimate parts as defined by section 250.40
    12  of the penal law.
    13    Coercion in the second degree is a class E felony.
    14    §  2.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
    15  168-a of the correction law, as amended by chapter 368 of  the  laws  of
    16  2015, is amended to read as follows:
    17    (i)  a  conviction  of or a conviction for an attempt to commit any of
    18  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
    19  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
    20  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
    21  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
    22  victim  of  such  kidnapping  or  related offense is less than seventeen
    23  years old and the offender is not the parent of the victim,  or  section
    24  135.61  of the penal law, or section 230.04, where the person patronized
    25  is in fact less than seventeen years of  age,  230.05,  230.06,  230.11,
    26  230.12,  230.13,  subdivision  two  of  section  230.30, section 230.32,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16356-01-8
        A. 11266                            2
     1  230.33, or 230.34 of the penal law, or section 230.25 of the  penal  law
     2  where  the  person prostituted is in fact less than seventeen years old,
     3  or
     4    §  3. This act shall take effect on the first of January next succeed-
     5  ing the date upon which it shall have become a law and  shall  apply  to
     6  offenses  occurring  on  and  after such effective date. Effective imme-
     7  diately the addition, amendment and/or repeal of any rule or  regulation
     8  necessary  for  the implementation of this act on its effective date are
     9  authorized to be made on or before such date.