S03905 Summary:

BILL NOS03905
 
SAME ASSAME AS A05413
 
SPONSORSTAVISKY
 
COSPNSR
 
MLTSPNSR
 
Add S40.20, Pen L
 
Relates to creating an affirmative defense in certain cases involving sexting by persons under the age of 18.
Go to top    

S03905 Actions:

BILL NOS03905
 
02/20/2015REFERRED TO CODES
01/06/2016REFERRED TO CODES
Go to top

S03905 Committee Votes:

Go to top

S03905 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S03905 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3905
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 20, 2015
                                       ___________
 
        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, and that
     7  there is a less than four year age difference between the defendant  and
     8  the  recipient  at the time of the act, and the depiction or description
     9  was not obtained in violation of section 250.45 or 250.50 of this  chap-
    10  ter,  and  both  the  defendant and the recipient expressly or impliedly
    11  acquiesced in the conduct, and the defendant did not intend to or profit
    12  from such conduct.
    13    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00623-04-5
Go to top