Senate Bill S2343

2025-2026 Legislative Session

Relates to creating the crime of attempt to engage in sexual conduct with a person incapable of consent

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Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 16, 2025	referred to codes

2025-S2343 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §130.99, Pen L; amd §168-a, Cor L
Versions Introduced in 2023-2024 Legislative Session:: S8172

2025-S2343 (ACTIVE) - Summary

Relates to creating the crime of attempt to engage in sexual conduct with a person incapable of consent when an individual communicates such individual's intent to engage in sexual conduct with the victim, and engages in certain acts which would tend to further effect the commission of such sexual conduct; designates such attempt as a class C felony, class E felony, or class A misdemeanor; designates individuals convicted of such crime as sex offenders.

2025-S2343 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2343

SPONSOR: WALCZYK
 
TITLE OF BILL:

An act to amend the penal law, in relation to creating the crime of
attempt to engage in sexual conduct with a person incapable of consent;
and to amend the correction law, in relation to designating individuals
convicted of such offense as sex offenders

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill creates a new crime of "attempting to engage in sexual contact
with a person incapable of consent", and sets out punishments for both
the sex offender registry and potential jail time.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the penal law by creating the crime of "attempting to
engage in sexual contact with a person incapable of consent"; sets out
punishments for differing levels, and definitions for various terms in
this section. New section of the penal law is 130.99.

Section 2: Amends the correction law by induding the new section under
sex offender registry guidelines.

Section 3: Sets the effective date.

 
JUSTIFICATION:

Law enforcement have consistently been frustrated with attempts to
charge people who meet with online decoys, who pose as minors for illic-
it sexual activities. Often, these stings do not result in convictions
due to New York's standards for attempted rape. This bill creates a new
crime of attempting to engage in sexual contact with a person incapable
of consent. The bill language covers stings as seen on "To Catch A Pred-
ator. Under this bill if an adult chats with a police decoy and attempts
to meet for sex, these predators can be charged and convicted under this
new crime. This bill makes it easier for police to put predators behind
bars and keep our kids safer from dangerous perverts lurking on the
Internet.

 
PRIOR LEGISLATIVE HISTORY:

S8172 (2024): Referred to Codes.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Effective on the first of November next succeeding the date upon which
it shall have become a law.

2025-S2343 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2343
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by  Sen. WALCZYK -- 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  the  crime  of
   attempt  to  engage  in  sexual  conduct  with  a  person incapable of
   consent; and to amend the correction law, in relation  to  designating
   individuals convicted of such offense as sex offenders
 
   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 130.99  to
 read as follows:
 § 130.99 ATTEMPT  TO ENGAGE IN SEXUAL CONDUCT WITH A PERSON INCAPABLE OF
            CONSENT.
   IN ADDITION TO ANY OTHER CRIME OF ATTEMPT UNDER  ARTICLE  ONE  HUNDRED
 TEN  OF  THIS  PART,  A  PERSON IS GUILTY OF ATTEMPT TO ENGAGE IN SEXUAL
 CONDUCT WITH A PERSON INCAPABLE OF CONSENT WHEN THE ACTOR ENGAGES IN THE
 FOLLOWING CONDUCT FOR THE PURPOSE OF COMMITTING A SEXUAL  ACT  TO  WHICH
 THE  VICTIM  IS  DEEMED  INCAPABLE OF CONSENT UNDER SUBDIVISION THREE OF
 SECTION 130.05 OF THIS ARTICLE:
   1. COMMUNICATING TO THE VICTIM, OR A REPRESENTATIVE OF THE VICTIM, THE
 ACTOR'S INTENT TO ENGAGE IN SEXUAL CONDUCT WITH THE VICTIM; AND
   2. ENGAGING IN CONDUCT WHICH WOULD TEND TO FURTHER EFFECT THE  COMMIS-
 SION  OF SUCH SEXUAL CONDUCT, INCLUDING BUT NOT LIMITED TO, MEETING WITH
 THE VICTIM OR A REPRESENTATIVE OF THE VICTIM WITH THE EXPLICIT INTENT TO
 PLAN OR OTHERWISE EFFECTUATE THE ACTOR'S ENGAGEMENT  IN  SEXUAL  CONDUCT
 WITH THE VICTIM.
   AN  ATTEMPT  TO  ENGAGE  IN  SEXUAL CONDUCT WITH A PERSON INCAPABLE OF
 CONSENT IS A:
   1. CLASS C FELONY WHEN:
   (A) THE VICTIM IS LESS THAN ELEVEN YEARS OLD; OR
   (B) THE VICTIM IS LESS THAN THIRTEEN YEARS OLD AND THE ACTOR IS  EIGH-
 TEEN YEARS OLD OR MORE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05541-01-5

 S. 2343                             2
 
   2. CLASS E FELONY WHEN:
   (A)  THE  VICTIM IS LESS THAN FIFTEEN YEARS OLD AND THE ACTOR IS EIGH-
 TEEN YEARS OLD OR MORE; OR
   (B) THE VICTIM IS INCAPABLE OF CONSENT BY  REASON  OF  BEING  MENTALLY
 DISABLED OR MENTALLY INCAPACITATED; OR
   3.  CLASS  A  MISDEMEANOR WHEN THE VICTIM IS LESS THAN SEVENTEEN YEARS
 OLD AND THE ACTOR IS TWENTY-ONE YEARS OLD OR MORE.
   FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1. "REPRESENTATIVE  OF THE VICTIM" MEANS A PERSON WHO CLAIMS TO ACT AS
 AN  INTERMEDIARY BETWEEN THE ACTOR AND THE VICTIM, OR A PERSON ACTING AS
 A DECOY OR STAND-IN FOR THE VICTIM.
   2. "DECOY" MEANS A POLICE OFFICER AS DEFINED BY SECTION  1.20  OF  THE
 CRIMINAL  PROCEDURE  LAW, OR A PERSON OR PERSONS ACTING UNDER THE DIREC-
 TION OF SUCH POLICE OFFICER, WHERE THE VICTIM IS NOT A REAL PERSON.
   § 2. Paragraph (a) of subdivision 2 of section 168-a of the correction
 law, as amended by chapter 777 of the laws of 2023, subparagraph (i)  of
 paragraph  (a)  of subdivision 2 as amended by chapter 23 of the laws of
 2024, is amended to read as follows:
   (a) (i) a conviction of or a conviction for an attempt to  commit  any
 of  the  provisions  of  sections 120.70, 130.20, 130.25, 130.30, former
 section 130.40, former section 130.45, sections 130.60, 130.99,  230.34,
 230.34-a,  250.50,  255.25,  255.26  and  255.27  or article two hundred
 sixty-three of the penal law,  or  section  135.05,  135.10,  135.20  or
 135.25  of such law relating to kidnapping offenses, provided the victim
 of such kidnapping or related offense is less than seventeen  years  old
 and  the  offender  is  not the parent of the victim, or section 230.04,
 where the person patronized is in fact less than seventeen years of age,
 230.05, 230.06, 230.11,  230.12,  230.13,  subdivision  two  of  section
 230.30,  section  230.32, 230.33, or 230.34 of the penal law, or section
 230.25 of the penal law where the person prostituted  is  in  fact  less
 than seventeen years old, or (ii) a conviction of or a conviction for an
 attempt  to  commit any of the provisions of section 235.22 of the penal
 law, or (iii) a conviction of or a conviction for an attempt  to  commit
 any  provisions  of  the  foregoing sections committed or attempted as a
 hate crime defined in section 485.05 of the penal law or as a  crime  of
 terrorism  defined  in section 490.25 of such law or as a sexually moti-
 vated felony defined in section 130.91 of such law; or
   § 3. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.

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Senate Bill S2343

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Actions

2025-S2343 (ACTIVE) - Details

2025-S2343 (ACTIVE) - Summary

2025-S2343 (ACTIVE) - Sponsor Memo

2025-S2343 (ACTIVE) - Bill Text download pdf

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Sponsored By

Mark Walczyk

Current Bill Status - In Senate Committee Codes Committee

Actions

2025-S2343 (ACTIVE) - Details

2025-S2343 (ACTIVE) - Summary

2025-S2343 (ACTIVE) - Sponsor Memo

2025-S2343 (ACTIVE) - Bill Text download pdf

Comments