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".
STATE OF NEW YORK
________________________________________________________________________
4466--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
___________
Introduced by M. of A. ZEBROWSKI, ENGLEBRIGHT, ARROYO, CRUZ, BUTTENS-
CHON, BLAKE, MOSLEY, SAYEGH, RIVERA, COLTON, SIMON, STIRPE, TAYLOR,
GALEF, DICKENS, JAFFEE, CRESPO, HYNDMAN, GRIFFIN, GLICK, WALLACE,
WEPRIN, STECK, FALL, FERNANDEZ, FAHY, HEVESI, SIMOTAS, ROZIC --
Multi-Sponsored by -- M. of A. COOK, DE LA ROSA, DenDEKKER -- read
once and referred to the Committee on Codes -- recommitted to the
Committee on Codes in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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:
8 1. compels or induces a person to engage in sexual intercourse, oral
9 sexual conduct or anal sexual conduct as such terms are defined in
10 section [130] 130.00 of [the penal law] this title; or
11 2. Compels or induces a person to produce, disseminate, or otherwise
12 display an image or images depicting the person's sexual or other inti-
13 mate parts as defined by section 250.40 of this part.
14 Coercion in the second degree is a class E felony.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08577-02-0
A. 4466--A 2
1 § 2. Subparagraph (i) of paragraph (a) of subdivision 2 of section
2 168-a of the correction law, as amended by chapter 189 of the laws of
3 2018, is amended to read as follows:
4 (i) a conviction of or a conviction for an attempt to commit any of
5 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
6 130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or
7 article two hundred sixty-three of the penal law, or section 135.05,
8 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses,
9 provided the victim of such kidnapping or related offense is less than
10 seventeen years old and the offender is not the parent of the victim, or
11 section 135.61 of the penal law, or section 230.04, where the person
12 patronized is in fact less than seventeen years of age, 230.05, 230.06,
13 230.11, 230.12, 230.13, subdivision two of section 230.30, section
14 230.32, 230.33, or 230.34 of the penal law, or section 230.25 of the
15 penal law where the person prostituted is in fact less than seventeen
16 years old, or
17 § 3. This act shall take effect on the first of January next succeed-
18 ing the date upon which it shall have become a law and shall apply to
19 offenses occurring on and after such effective date. Effective imme-
20 diately the addition, amendment and/or repeal of any rule or regulation
21 necessary for the implementation of this act on its effective date are
22 authorized to be made and completed on or before such date.
