What's happening
This bill creates an affirmative legal defense for minors under 18 involved in consensual sexting with peers close in age.
Why it matters
Reduces harsh criminal penalties for teens. By allowing an affirmative defense, the bill prevents minors who consensually share certain images with peers close in age from being automatically prosecuted as sex offenders, potentially avoiding life-altering legal consequences.
Recognizes the realities of adolescent behavior. The law acknowledges that "sexting" among teens is a common occurrence and seeks to distinguish between consensual peer activity and exploitative or predatory acts, focusing criminal penalties on the latter.
Protects against misuse and abuse. The defense only applies if both parties are at least 13, the age gap is less than four years, the images were not obtained illegally (such as through hidden cameras), and there was no intent to profit, helping to ensure the law is not used to excuse coercion or exploitation.
Encourages proportionality in the justice system. The change aims to ensure that teenagers are not punished more severely than necessary for conduct that, while potentially irresponsible, does not fit the traditional definition of child pornography offenses.
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
Teen Sexting Defense Law
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Print number 2920a
- 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.
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
2920--A
2019-2020 Regular Sessions
IN SENATE
January 30, 2019
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed 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.
LBD06153-02-9
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 and was at least thirteen years old at the time of the act.
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.