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Assembly Bill A1860A

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2019-A1860 - Details

See Senate Version of this Bill:
S2920
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §40.20, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5413, S3905
2017-2018: A1454, S5230
2021-2022: A9319, S4144
2023-2024: A3470, S3599

2019-A1860 - Summary

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

2019-A1860 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1860
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, LIFTON -- 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:
 § 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.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06153-01-9

co-Sponsors

2019-A1860A (ACTIVE) - Details

See Senate Version of this Bill:
S2920
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §40.20, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A5413, S3905
2017-2018: A1454, S5230
2021-2022: A9319, S4144
2023-2024: A3470, S3599

2019-A1860A (ACTIVE) - Summary

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

2019-A1860A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1860--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, LIFTON -- read once and referred to
   the Committee on Codes -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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:
 § 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, THAT  THERE
 WAS  A  LESS THAN FOUR YEAR AGE DIFFERENCE BETWEEN THE DEFENDANT AND THE
 RECIPIENT AT THE TIME OF THE ACT, THAT THE RECIPIENT WAS AT LEAST  THIR-
 TEEN  YEARS OLD 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.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06153-03-9

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