Bill Text: NY S04144 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 4144 (Prior Session Legislation)

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) 2022-01-05 - REFERRED TO CODES [S04144 Detail]

Download: New_York-2021-S04144-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          4144

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 2, 2021
                                       ___________

        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, 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.
                                                                   LBD03977-01-1