S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4466--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, ENGLEBRIGHT, ARROYO, CRUZ, BUTTENS-
   CHON, BLAKE, MOSLEY, SAYEGH, RIVERA, COLTON,  SIMON,  STIRPE,  TAYLOR,
   GALEF,  DICKENS,  JAFFEE,  CRESPO,  HYNDMAN,  GRIFFIN, GLICK, WALLACE,
   WEPRIN, STECK,  FALL,  FERNANDEZ,  FAHY,  HEVESI,  SIMOTAS,  ROZIC  --
   Multi-Sponsored  by  --  M.  of A. COOK, DE LA ROSA, DenDEKKER -- read
   once and referred to the Committee on  Codes  --  recommitted  to  the
   Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the penal law, in relation to expanding the definition
   of the offense of  coercion  in  the  second  degree  to  include  the
   production  or  dissemination  of  intimate  images;  and to amend the
   correction law, in relation to the definition of "sex offense"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 135.61 of the penal law, as added by section 2 of
 part NN of chapter 55 of the  laws  of  2018,  is  amended  to  read  as
 follows:
 § 135.61 Coercion in the second degree.
   A  person  is  guilty  of coercion in the second degree when he or she
 commits the crime of coercion in the third degree as defined in  section
 135.60 of this article and thereby:
   1.  compels  or induces a person to engage in sexual intercourse, oral
 sexual conduct or anal sexual conduct  as  such  terms  are  defined  in
 section [130] 130.00 of [the penal law]  THIS TITLE; OR
   2.  COMPELS  OR INDUCES A PERSON TO PRODUCE, DISSEMINATE, OR OTHERWISE
 DISPLAY AN IMAGE OR IMAGES DEPICTING THE PERSON'S SEXUAL OR OTHER  INTI-
 MATE PARTS AS DEFINED BY SECTION 250.40 OF THIS PART.
   Coercion in the second degree is a class E felony.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08577-02-0

              

 A. 4466--A                          2
 
   §  2.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
 168-a of the correction law, as amended by chapter 189 of  the  laws  of
 2018, is amended to read as follows:
   (i)  a  conviction  of or a conviction for an attempt to commit any of
 the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
 130.45,  130.60,  230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or
 article two hundred sixty-three of the penal  law,  or  section  135.05,
 135.10,  135.20  or  135.25 of such law relating to kidnapping offenses,
 provided the victim of such kidnapping or related offense is  less  than
 seventeen years old and the offender is not the parent of the victim, OR
 SECTION  135.61  OF  THE  PENAL LAW, or section 230.04, where the person
 patronized is in fact less than seventeen years of age, 230.05,  230.06,
 230.11,  230.12,  230.13,  subdivision  two  of  section 230.30, section
 230.32, 230.33, or 230.34 of the penal law, or  section  230.25  of  the
 penal  law  where  the person prostituted is in fact less than seventeen
 years old, or
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  upon which it shall have become a law and shall apply to
 offenses occurring on and after such  effective  date.  Effective  imme-
 diately  the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such date.