NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3470
SPONSOR: Zebrowski 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.
Section 2 of the bill relates to the effective date.
JUSTIFICATION:
The prevalence of text messaging, emailing and Internet usage has led to
unanticipated forms of communication, particularly among adolescents.
Many adolescents are engaging in the sending, receiving and posting of
images or photographs which are provocative in nature. This activity
has the potential to impact teens' privacy interests and may even lead
to criminal charges. One national study found that as many as 20 percent
of teens have sent or posted nude or seminude photos of themselves. In
general, adolescents and their parents and caregivers, are unaware of
the potential harm. This bill addresses the issue of criminal prose-
cution of adolescent conduct that was not intended under certain crimi-
nal acts by creating an affirmative defense.
PRIOR LEGISLATIVE HISTORY:
A.9319 of 2021-22,
A.1860-A of 2019-20,
A.1454 of 2017-18,
A.5413 of 2015-16,
A.1203 of 2013-2014,
A.2205A of 2011-12,
A.8622 of 2009-10.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3470
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The penal law is amended by adding a new section 40.20 to
2 read as follows:
3 § 40.20 Certain acts by a young person.
4 In any prosecution pursuant to section 235.21 or 235.22 or section
5 263.10, 263.11, 263.15 or 263.16 of this chapter, it is an affirmative
6 defense that the defendant was less than eighteen years old, that there
7 was a less than four year age difference between the defendant and the
8 recipient at the time of the act, that the recipient was at least thir-
9 teen years old at the time of the act, and the depiction or description
10 was not obtained in violation of section 250.45 or 250.50 of this chap-
11 ter, and both the defendant and the recipient expressly or impliedly
12 acquiesced in the conduct, and the defendant did not intend to or profit
13 from such conduct.
14 § 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
