NY State Senate Bill 2023-S8172

Senate Bill S8172

2023-2024 Legislative Session

Relates to creating the crime of attempt to engage in sexual conduct with a person incapable of consent

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2024	referred to codes

2023-S8172 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §130.99, Pen L; amd §168-a, Cor L
Versions Introduced in 2025-2026 Legislative Session:: S2343

2023-S8172 (ACTIVE) - Summary

Relates to creating the crime of attempt to engage in sexual conduct with a person incapable of consent when an individual communicates his or her intent to engage in sexual conduct with the victim, and engages in certain acts which would tend to further effect the commission of such sexual conduct; designates such attempt as a class C felony, class E felony, or class A misdemeanor; designates individuals convicted of such crime as sex offenders.

2023-S8172 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8172

SPONSOR: WALCZYK
 
TITLE OF BILL:

An act to amend the penal law, in relation to creating the crime of
attempt to engage in sexual conduct with a person incapable of consent;
and to amend the correction law, in relation to designating individuals
convicted of such offense as sex offenders

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill creates a new crime of "attempting to engage in sexual contact
with a person incapable of consent", and sets out punishments for both
the sex offender registry and potential jail time.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the penal law by creating the crime of "attempting to
engage in sexual contact with a person incapable of consent"; sets out
punishments for differing levels, and definitions for various terms in
this section. New section of the penal law is 130.99.

Section 2: Amends the correction law by including the new section under
sex offender registry guidelines.

Section 3: Sets the effective date.

 
JUSTIFICATION:

Law enforcement have consistently been frustrated with attempts to
charge people who meet with online decoys, who pose as minors for illic-
it sexual activities. Often, these stings do not result in convictions
due to New York's standards for attempted rape. This bill creates a new
crime of attempting to engage in sexual contact with a person incapable
of consent. The bill language covers stings as seen on "To Catch A Pred-
ator". Under this bill if an adult chats with a police decoy and
attempts to meet for sex, these predators can be charged and convicted
under this new crime. This bill makes it easier for police to put preda-
tors behind bars and keep our kids safer from dangerous perverts lurking
on the Internet.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Effective on the first of November next succeeding the date upon which
it shall have become a law.

2023-S8172 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8172
 
                             I N  S E N A T E
 
                             January 11, 2024
                                ___________
 
 Introduced  by  Sen. WALCZYK -- 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  the  crime  of
   attempt  to  engage  in  sexual  conduct  with  a  person incapable of
   consent; and to amend the correction law, in relation  to  designating
   individuals convicted of such offense as sex offenders

   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 130.99  to
 read as follows:
 § 130.99 ATTEMPT  TO ENGAGE IN SEXUAL CONDUCT WITH A PERSON INCAPABLE OF
            CONSENT.
   IN ADDITION TO ANY OTHER CRIME OF ATTEMPT UNDER  ARTICLE  ONE  HUNDRED
 TEN  OF  THIS  PART,  A  PERSON IS GUILTY OF ATTEMPT TO ENGAGE IN SEXUAL
 CONDUCT WITH A PERSON INCAPABLE OF CONSENT WHEN HE OR SHE ENGAGES IN THE
 FOLLOWING CONDUCT FOR THE PURPOSE OF COMMITTING A SEXUAL  ACT  TO  WHICH
 THE  VICTIM  IS  DEEMED  INCAPABLE OF CONSENT UNDER SUBDIVISION THREE OF
 SECTION 130.05 OF THIS ARTICLE:
   1. COMMUNICATING TO THE VICTIM, OR A REPRESENTATIVE OF THE VICTIM, HIS
 OR HER INTENT TO ENGAGE IN SEXUAL CONDUCT WITH THE VICTIM; AND
   2. ENGAGING IN CONDUCT WHICH WOULD TEND TO FURTHER EFFECT THE  COMMIS-
 SION  OF SUCH SEXUAL CONDUCT, INCLUDING BUT NOT LIMITED TO, MEETING WITH
 THE VICTIM OR A REPRESENTATIVE OF THE VICTIM WITH THE EXPLICIT INTENT TO
 PLAN OR OTHERWISE EFFECTUATE HIS OR HER  ENGAGEMENT  IN  SEXUAL  CONDUCT
 WITH THE VICTIM.
   AN  ATTEMPT  TO  ENGAGE  IN  SEXUAL CONDUCT WITH A PERSON INCAPABLE OF
 CONSENT IS A:
   1. CLASS C FELONY WHEN:
   (A) THE VICTIM IS LESS THAN ELEVEN YEARS OLD; OR
   (B) THE VICTIM IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS  EIGH-
 TEEN YEARS OLD OR MORE;
   2. CLASS E FELONY WHEN:
   (A)  THE  VICTIM IS LESS THAN FIFTEEN YEARS OLD AND THE ACTOR IS EIGH-
 TEEN YEARS OLD OR MORE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13742-03-4
 S. 8172                             2
 
   (B) THE VICTIM IS INCAPABLE OF CONSENT BY  REASON  OF  BEING  MENTALLY
 DISABLED OR MENTALLY INCAPACITATED; OR
   3.  CLASS  A  MISDEMEANOR WHEN THE VICTIM IS LESS THAN SEVENTEEN YEARS
 OLD AND THE ACTOR IS TWENTY-ONE YEARS OLD OR MORE.
   FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1. "REPRESENTATIVE  OF THE VICTIM" MEANS A PERSON WHO CLAIMS TO ACT AS
 AN  INTERMEDIARY BETWEEN THE ACTOR AND THE VICTIM, OR A PERSON ACTING AS
 A DECOY OR STAND-IN FOR THE VICTIM.
   2. "DECOY" MEANS A POLICE OFFICER AS DEFINED BY SECTION  1.20  OF  THE
 CRIMINAL  PROCEDURE  LAW, OR A PERSON OR PERSONS ACTING UNDER THE DIREC-
 TION OF SUCH POLICE OFFICER, WHERE THE VICTIM IS NOT A REAL PERSON.
   § 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, 130.99, 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 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 pros-
 tituted is in fact less than seventeen years old, or
   § 3. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.

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