NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1587
SPONSOR: Buttenschon
 
TITLE OF BILL:
An act to amend the penal law, in relation to modifying the crime of
criminal solicitation in the third degree
 
PURPOSE OR GENERAL IDEA OF BILL:
Modifies the crime of criminal solicitation in the third degree
 
SUMMARY OF PROVISIONS:
Section one amends Section 100.08 of the penal law, as added by chapter
422 of the laws of 1978 to read: a person is guilty of criminal solic-
itation in the third degree when being over the 18 years of age with the
intent that another person under sixteen years of age engage in conduct
that would constitute felony, he or she solicits, requests, commands, or
importunes or otherwise attempts to cause such other person to engage in
such conduct or being over eighteen years of age, with the intent that
another person under eighteen years of age engage in conduct that would
constitute a crime under article 265 of this chapter, he or she inten-
tionally provides a loaded firearm to such person in order to protect
the actor from criminal prosecution.
Section two provides for the effective date.
 
JUSTIFICATION:
Too often we see young people get caught up in gun violence and gang
related crimes. These crimes are often committed by young people who
have been groomed by adult members of their community or family who do
not want to take responsibility for the crimes that are committing. As
we know, young people are prosecuted differently than adults and will
make young people scapegoats in order to evade a more harsh conviction
once the crime has been committed. The purpose of this legislation would
hold accountable the adults that intentionally provide a minor with a
loaded firearm in order to avoid and protect the actual actor from crim-
inal prosecution.
 
PRIOR LEGISLATIVE HISTORY:
2021-2022: A.9429 - referred to codes
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
1587
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. BUTTENSCHON, JACOBSON, PHEFFER AMATO, SIMON,
STERN, WALLACE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to modifying the crime of
criminal solicitation in the third degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 100.08 of the penal law, as added by chapter 422 of
2 the laws of 1978, is amended to read as follows:
3 § 100.08 Criminal solicitation in the third degree.
4 A person is guilty of criminal solicitation in the third degree
5 when[,]:
6 1. being over eighteen years of age, with the intent that another
7 person under sixteen years of age engage in conduct that would consti-
8 tute a felony, he or she solicits, requests, commands, importunes or
9 otherwise attempts to cause such other person to engage in such
10 conduct[.]; or
11 2. being over eighteen years of age, with the intent that another
12 person under eighteen years of age engage in conduct that would consti-
13 tute a crime under article two hundred sixty-five of this chapter, he or
14 she intentionally provides a loaded firearm to such person in order to
15 protect the actor from criminal prosecution.
16 Criminal solicitation in the third degree is a class E felony.
17 § 2. This act shall take effect on the sixtieth day after it shall
18 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05101-01-3