| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2020 |
referred to codes |
| Jun 11, 2019 |
print number 2920a |
| Jun 11, 2019 |
amend and recommit to codes |
| Jan 30, 2019 |
referred to codes |
Senate Bill S2920A
2019-2020 Legislative Session
Sponsored By
(D) 11th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
Bill Amendments
2019-S2920 - Details
2019-S2920 - Sponsor Memo
BILL NUMBER: S2920
SPONSOR: STAVISKY
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
2019-S2920 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2920
2019-2020 Regular Sessions
I N S E N A T E
January 30, 2019
___________
Introduced by Sen. STAVISKY -- 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 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
2019-S2920A (ACTIVE) - Details
2019-S2920A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2920A
SPONSOR: STAVISKY
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 and was at least thirteen years old at the time
2019-S2920A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2920--A
2019-2020 Regular Sessions
I N S E N A T E
January 30, 2019
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed 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.
LBD06153-02-9
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