BILL NUMBER: S3599
SPONSOR: STAVISKY
 
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. Sets forth 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:
2015-2016: A.5143/S.3905 - Referred to Codes.
2017-2018: A.1454/S.5230 - Referred to Codes.
2019-2020: A.1860-A/S.2920-A - Referred to Codes.
2021-2022: A.9319/S.4144 - Referred to Codes.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.