Modifies the crime of criminal solicitation in the third degree; provides that a person is guilty of criminal solicitation in the third degree when such person, being over eighteen years of age, with the intent that another person under eighteen years of age engage in conduct that would constitute certain crimes, intentionally provides a loaded firearm to such other person.
S T A T E O F N E W Y O R K
________________________________________________________________________
3401
2025-2026 Regular Sessions
I N A S S E M B L Y
January 27, 2025
___________
Introduced by M. of A. BUTTENSCHON, JACOBSON, PHEFFER AMATO, SIMON,
STERN, ANGELINO -- 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] SUCH PERSON 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, SUCH
PERSON INTENTIONALLY PROVIDES A LOADED FIREARM TO SUCH OTHER 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.
LBD06651-01-5
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