STATE OF NEW YORK
________________________________________________________________________
3599
2023-2024 Regular Sessions
IN SENATE
February 1, 2023
___________
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.
LBD06346-01-3
