NY State Senate Bill 2019-S2920A

Senate Bill S2920A

2019-2020 Legislative Session

Relates to creating an affirmative defense in certain cases involving sexting by persons under the age of 18

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jun 11, 2019	print number 2920a
Jun 11, 2019	amend and recommit to codes
Jan 30, 2019	referred to codes

Bill Amendments

Original

A (Active)

2019-S2920 - Details

See Assembly Version of this Bill:: A1860
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §40.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3905, A5413
2017-2018: S5230, A1454
2021-2022: S4144, A9319
2023-2024: S3599, A3470

2019-S2920 - Summary

Relates to creating an affirmative defense in certain cases involving sexting by persons under the age of 18.

2019-S2920 - Sponsor Memo

                                
 
BILL NUMBER: S2920

SPONSOR: STAVISKY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would provide an affirmative defense to young persons for
certain acts with regard to the possessions and dissemination of such
images and photographs of themselves.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the penal law by adding a new section 40.20 to provide
an affirmative defense to certain acts by young persons where the
defendant is less than four years older than the individual who
received, sent or posted an image or photograph at issue in a criminal

charge and where that individual expressly or implicitly acquiesced in
the defendant's conduct.

Section 2 of the bill relates to the effective date.

 
JUSTIFICATION:

The prevalence of text messaging, emailing and Internet usage has led to
unanticipated forms of communication, particularly among adolescents.

Many adolescents are engaging in the sending, receiving and posting of
images or photographs which are provocative in nature. This activity has
the potential to impact teens' privacy interests and may even lead to
criminal charges.

One national study found that as many as 20 percent of teens have sent
or posted nude or seminude photos of themselves. In general, adolescents
and their parents and caregivers, are unaware of the potential harm.
This bill addresses the issue of criminal prosecution of adolescent
conduct that was not intended under certain criminal acts by creating an
affirmative defense.

 
PRIOR LEGISLATIVE HISTORY:

this legislation was previously introduced.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2920 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2920
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 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:
 
   Section 1. The penal law is amended by adding a new section  40.20  to
 read as follows:
 § 40.20 CERTAIN ACTS BY A YOUNG PERSON.
   IN  ANY  PROSECUTION  PURSUANT  TO SECTION 235.21 OR 235.22 OR SECTION
 263.10, 263.11, 263.15 OR 263.16 OF THIS CHAPTER, IT IS  AN  AFFIRMATIVE
 DEFENSE  THAT  THE  DEFENDANT WAS LESS THAN EIGHTEEN YEARS OLD, AND THAT
 THERE IS A LESS THAN FOUR YEAR AGE DIFFERENCE BETWEEN THE DEFENDANT  AND
 THE  RECIPIENT  AT THE TIME OF THE ACT, AND THE DEPICTION OR DESCRIPTION
 WAS NOT OBTAINED IN VIOLATION OF SECTION 250.45 OR 250.50 OF THIS  CHAP-
 TER,  AND  BOTH  THE  DEFENDANT AND THE RECIPIENT EXPRESSLY OR IMPLIEDLY
 ACQUIESCED IN THE CONDUCT, AND THE DEFENDANT DID NOT INTEND TO OR PROFIT
 FROM SUCH CONDUCT.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06153-01-9

2019-S2920A (ACTIVE) - Details

See Assembly Version of this Bill:: A1860
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §40.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3905, A5413
2017-2018: S5230, A1454
2021-2022: S4144, A9319
2023-2024: S3599, A3470

2019-S2920A (ACTIVE) - Summary

Relates to creating an affirmative defense in certain cases involving sexting by persons under the age of 18.

2019-S2920A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2920A

SPONSOR: STAVISKY
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would provide an affirmative defense to young persons for
certain acts with regard to the possessions and dissemination of such
images and photographs of themselves.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the penal law by adding a new section 40.20 to provide
an affirmative defense to certain acts by young persons where the
defendant is less than four years older than the individual who
received, sent or posted an image or photograph at issue in a criminal
charge and where that individual expressly or implicitly acquiesced in
the defendant's conduct and was at least thirteen years old at the time

of the act.

Section 2 of the bill relates to the effective date.

 
JUSTIFICATION:

The prevalence of text messaging, emailing and Internet usage has led to
unanticipated forms of communication, particularly among adolescents.

Many adolescents are engaging in the sending, receiving and posting of
images or photographs which are provocative in nature. This activity has
the potential to impact teens' privacy interests and may even lead to
criminal charges.

One national study found that as many as 20 percent of teens have sent'
or posted nude or seminude photos of themselves. In general, adolescents
and their parents and caregivers, are unaware of the potential harm.
This bill addresses the issue of criminal prosecution of adolescent
conduct that was not intended under certain criminal acts by creating an
affirmative defense.

 
PRIOR LEGISLATIVE HISTORY:

This legislation was previously introduced.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2920A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2920--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
 
   Section  1.  The penal law is amended by adding a new section 40.20 to
 read as follows:
 § 40.20 CERTAIN ACTS BY A YOUNG PERSON.
   IN ANY PROSECUTION PURSUANT TO SECTION 235.21  OR  235.22  OR  SECTION
 263.10,  263.11,  263.15 OR 263.16 OF THIS CHAPTER, IT IS AN AFFIRMATIVE
 DEFENSE THAT THE DEFENDANT WAS LESS THAN EIGHTEEN YEARS OLD, THAT  THERE
 WAS  A  LESS THAN FOUR YEAR AGE DIFFERENCE BETWEEN THE DEFENDANT AND THE
 RECIPIENT AT THE TIME OF THE ACT, THAT THE RECIPIENT WAS AT LEAST  THIR-
 TEEN  YEARS OLD AT THE TIME OF THE ACT, AND THE DEPICTION OR DESCRIPTION
 WAS NOT OBTAINED IN VIOLATION OF SECTION 250.45 OR 250.50 OF THIS  CHAP-
 TER,  AND  BOTH  THE  DEFENDANT AND THE RECIPIENT EXPRESSLY OR IMPLIEDLY
 ACQUIESCED IN THE CONDUCT, AND THE DEFENDANT DID NOT INTEND TO OR PROFIT
 FROM SUCH CONDUCT.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06153-02-9

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