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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4345
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 7, 2019
                                       ___________
        Introduced  by Sen. MARTINEZ -- 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 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 189 of  the  laws  of
    16  2018, 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, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or
    20  article two hundred sixty-three of the penal  law,  or  section  135.05,
    21  135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
    22  provided the victim of such kidnapping or related offense is  less  than
    23  seventeen years old and the offender is not the parent of the victim, or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08577-01-9
        S. 4345                             2
     1  section  135.61  of  the  penal law, or section 230.04, where the person
     2  patronized is in fact less than seventeen years of age, 230.05,  230.06,
     3  230.11,  230.12,  230.13,  subdivision  two  of  section 230.30, section
     4  230.32,  230.33,  or  230.34  of the penal law, or section 230.25 of the
     5  penal law where the person prostituted is in fact  less  than  seventeen
     6  years old, or
     7    §  3. This act shall take effect on the first of January next succeed-
     8  ing the date upon which it shall have become a law and  shall  apply  to
     9  offenses  occurring  on  and  after such effective date. Effective imme-
    10  diately the addition, amendment and/or repeal of any rule or  regulation
    11  necessary  for  the implementation of this act on its effective date are
    12  authorized to be made and completed on or before such date.