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
________________________________________________________________________
11266
IN ASSEMBLY
July 25, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Zebrowski)
-- read once and referred 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 368 of the laws of
16 2015, 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, 250.50, 255.25, 255.26 and 255.27 or article two
20 hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
21 or 135.25 of such law relating to kidnapping offenses, provided the
22 victim of such kidnapping or related offense is less than seventeen
23 years old and the offender is not the parent of the victim, or section
24 135.61 of the penal law, or section 230.04, where the person patronized
25 is in fact less than seventeen years of age, 230.05, 230.06, 230.11,
26 230.12, 230.13, subdivision two of section 230.30, section 230.32,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16356-01-8
A. 11266 2
1 230.33, or 230.34 of the penal law, or section 230.25 of the penal law
2 where the person prostituted is in fact less than seventeen years old,
3 or
4 § 3. This act shall take effect on the first of January next succeed-
5 ing the date upon which it shall have become a law and shall apply to
6 offenses occurring on and after such effective date. Effective imme-
7 diately the addition, amendment and/or repeal of any rule or regulation
8 necessary for the implementation of this act on its effective date are
9 authorized to be made on or before such date.