What's happening
This bill allows minors aged 16 or 17 with an order of protection or who are crime victims to legally possess self-defense spray.
Why it matters
Expands self-defense options for vulnerable teens. By allowing 16- and 17-year-olds with an order of protection or who are crime victims to carry self-defense spray, the bill aims to give at-risk minors more tools to protect themselves, especially in situations where threats may be ongoing.
Recognizes ongoing investigations. The bill specifically covers minors who are crime victims even if the legal process or investigation is still underway, meaning they would not have to wait for a case to be closed before gaining this legal protection.
Targets a specific population. The exemption is narrowly tailored—only minors in these circumstances would be eligible, rather than granting blanket access to all under-18s, which reflects legislative concern for both youth safety and public safety.
Could impact reporting and protection orders. By tying eligibility to being a crime victim or having an order of protection, the bill could encourage more teens to come forward about abuse or threats in order to access this form of self-defense.
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
Allow Teens Self-Defense Spray
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
223
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. HELMING -- 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 exemptions for self-defense spray devices
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (b) of paragraph 14 of subdivision a of section 265.20 of the penal law, as added by chapter 354 of the laws of 1996, is amended to read as follows:
(b) The exemption under this paragraph shall not apply to a person who:
(i) is less than eighteen years of age, unless the minor is at least sixteen years of age and has been granted an order of protection or has been the victim of a crime, including where a criminal proceeding or investigation is still ongoing, but the disposition of such investigation shall not preclude such minor from lawfully possessing a self-defense spray device; or
(ii) has been previously convicted in this state of a felony or any assault; or
(iii) has been convicted of a crime outside the state of New York which if committed in New York would constitute a felony or any assault crime.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01082-01-5
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 exemptions for self-de- fense spray devices
Purpose
To allow individuals between the ages of sixteen and eighteen who have been granted an order of protection or have been a victim of a crime to possess self-defense spray devices, such as pepper spray
Summary of provisions
Section 1: Amends subparagraph (b) of paragraph 14 of subdivision a of section 265.20 of the penal law to allow individuals above the age of 16 who have been granted an order or protection or have been a victim of a crime to possess self-defense spray devices.
Section 2: Provides for an immediate effective date.
Justification
According to Child USA, one in five girls and one in thirteen boys are sexually abused before they turn 18 years old. The impact of crimes such as sexual assault, domestic violence and dating violence are life alter- ing for survivors. We must do more to prevent child sexual abuse and to help survivors. This includes providing survivors and those at high risk of abuse with greater means to protect themselves.
Current New York State law prohibits individuals under the age of eigh- teen from possessing self-defense spray devices, such as pepper spray. However, for those who have been a victim of a crime or who have been granted an order of protection, this can mean fear of further victimiza- tion and/or an increased threat to their safety. Access to self-defense spray devices could greatly benefit these individuals by providing them with an effective tool to protect themselves. Accordingly, this bill would add exceptions to current law to allow minors above the age of sixteen who have been granted an order of protection or who have been a victim of a crime to possess self-defense sprays.
This legislation is inspired by a young woman who was sexually assaulted and has shared her story in hopes of making a change in New York State law to help other survivors. After she was assaulted, this young woman sought to purchase pepper spray to protect herself from further abuse. However, because she was under the age of eighteen, she was prohibited from possessing self-defense spray devices.
Even though she had been a victim of a crime and lived in close proximi- ty to her attacker, she was denied access to this potentially life-sav- ing tool. As a result, throughout the course of the investigation and thereafter, she was forced to live in fear of future assaults when coming and going from her own home.
This is unacceptable. All New Yorkers, regardless of their age, deserve to feel safe, especially in and around their homes. This legislation would provide peace of mind to crime victims and individuals who have been granted an order of protection by allowing them to carry pepper spray or other self-defense spray devices to defend themselves.
Legislative history
2024: S9922 referred to Rules
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.