What's happening
This bill creates an affirmative defense for minors under 18 in certain sexting cases if specific age and consent conditions are met.
Why it matters
Addresses the reality of teen relationships. This bill acknowledges that consensual sexting sometimes occurs between minors of similar ages, aiming to prevent prosecution of teenagers for behavior that, while risky, is common and not always predatory.
Prevents criminal records for non-exploitative behavior. By creating an affirmative defense, it helps ensure that minors who did not exploit, coerce, or profit from sexting are not burdened with child pornography convictions, which can have lifelong consequences.
Sets clear boundaries to protect younger teens and prevent exploitation. The defense only applies if the recipient is at least 13, there’s less than a four-year age gap, and there was mutual agreement—helping to distinguish between consensual peer activity and potentially exploitative situations.
Excludes cases involving illicit recording or distribution. The defense is not available if the images were obtained through illegal surveillance or recording, ensuring that privacy violations and malicious conduct remain prosecutable.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Teens in Sexting Cases
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Print number 1860a
- Amend and recommit 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.
Teen Sexting Defense Law
In Senate Committee · Codes · Sponsor Toby Ann Stavisky
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1860--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
Introduced by M. of A. ZEBROWSKI, LIFTON -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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, that there was a less than four year age difference between the defendant and the recipient at the time of the act, that the recipient was at least thirteen years old 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.
LBD06153-03-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.