S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3470
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  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, 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.
                                                            LBD06346-01-3