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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to creating an affirmative defense in certain cases involving sexting by persons under the age of 18
In Assembly Committee · Codes · Sponsor Kenneth Zebrowski
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3905
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 possession and dissemination of such images and photographs of themselves.
Summary of specific provisions
Secion 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 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 prosecution of adolescent conduct that was not intended under certain criminal acts by creating an affirmative defense.
Prior legislative history
This bill is an amended version of S. 463 of 2013-14.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.