Assembly Bill A5413

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 Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2015-A5413 (ACTIVE) - Details

See Senate Version of this Bill:
S3905
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง40.20, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A1454, S5230
2019-2020: A1860, S2920
2021-2022: A9319, S4144
2023-2024: A3470, S3599

2015-A5413 (ACTIVE) - Summary

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

2015-A5413 (ACTIVE) - Bill Text download pdf 

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

                                  5413

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred 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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.