BILL NUMBER:  S5230

 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.