Senate Bill S3905

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

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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2015-S3905 (ACTIVE) - Details

See Assembly Version of this Bill:
A5413
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง40.20, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5230, A1454
2019-2020: S2920, A1860
2021-2022: S4144, A9319
2023-2024: S3599, A3470

2015-S3905 (ACTIVE) - Summary

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

2015-S3905 (ACTIVE) - Sponsor Memo

2015-S3905 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3905

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            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:

  Section 1. The penal law is amended by adding a new section  40.20  to
read as follows:
S 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.
  S 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


              

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