What's happening
This bill creates an affirmative legal defense for minors under 18 in certain sexting cases if specific conditions are met.
Why it matters
Recognizes the realities of teen behavior. by offering legal protection to minors who engage in consensual sexting with peers close in age, helping avoid harsh criminal penalties for actions that may be developmentally typical and consensual.
Establishes clear boundaries to prevent misuse. by limiting the defense to cases where there is less than a four-year age difference, ensuring that the affirmative defense does not apply to exploitative or predatory situations.
Requires mutual consent and lack of malicious intent. the defense only applies if both parties agreed (either expressly or implicitly), and if the defendant did not intend to profit or otherwise exploit the situation, focusing legal consequences on non-consensual or exploitative acts.
Protects against non-consensual distribution and voyeurism. by excluding cases where the images or descriptions were obtained unlawfully (such as through hidden cameras or unauthorized recordings), maintaining safeguards against privacy violations.
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Who cares
Defendants under 18
The bill would provide an affirmative defense to prosecutions under six specified Penal Law sections if the recipient is less than four years apart in age and the other conditions are met.
Criminal defense attorneys
They could invoke the defense by showing mutual express or implied acquiescence, that the material was not obtained in violation of sections 250.45 or 250.50, and that the defendant neither intended to profit nor profited from the conduct.
District attorneys
They would need to account for the new affirmative defense when prosecuting qualifying cases involving defendants under 18.
Headline styles
Teen Sexting Defense Added
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Protect Teens in Sexting Cases
In Assembly Committee · Codes · Sponsor Kenneth Zebrowski
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5230
2017-2018 Regular Sessions
IN SENATE
March 16, 2017
Introduced by Sen. STAVISKY -- 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 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 Assembly, 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, and that there is a less than four year age difference between the defendant and the recipient 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 chapter, 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.
LBD04379-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 prosecution of adolescent conduct that was not intended under certain criminal acts by creating an affirmative defense.
Prior legislative history
this legislation was previously introduced.
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.