S T A T E O F N E W Y O R K
________________________________________________________________________
1587
2023-2024 Regular Sessions
I N A S S E M B L Y
January 17, 2023
___________
Introduced by M. of A. BUTTENSCHON, JACOBSON, PHEFFER AMATO, SIMON,
STERN, WALLACE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to modifying the crime of
criminal solicitation in the third degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 100.08 of the penal law, as added by chapter 422 of
the laws of 1978, is amended to read as follows:
§ 100.08 Criminal solicitation in the third degree.
A person is guilty of criminal solicitation in the third degree
when[,]:
1. being over eighteen years of age, with THE intent that another
person under sixteen years of age engage in conduct that would consti-
tute a felony, he OR SHE solicits, requests, commands, importunes or
otherwise attempts to cause such other person to engage in such
conduct[.]; OR
2. BEING OVER EIGHTEEN YEARS OF AGE, WITH THE INTENT THAT ANOTHER
PERSON UNDER EIGHTEEN YEARS OF AGE ENGAGE IN CONDUCT THAT WOULD CONSTI-
TUTE A CRIME UNDER ARTICLE TWO HUNDRED SIXTY-FIVE OF THIS CHAPTER, HE OR
SHE INTENTIONALLY PROVIDES A LOADED FIREARM TO SUCH PERSON IN ORDER TO
PROTECT THE ACTOR FROM CRIMINAL PROSECUTION.
Criminal solicitation in the third degree is a class E felony.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05101-01-3