Bill > S08510

This bill establishes new offenses involving sexually explicit digital alterations. The key provisions are: 1. Defines terms like "sexually explicit depiction," "sexually explicit digitization," and "depicted individual" to cover realistic digital depictions of individuals that did not actually engage in the depicted conduct. 2. Creates the offenses of "Unlawful access of a sexually explicit depiction of a child" (a Class A misdemeanor) and "Unlawful distribution of a sexually explicit depiction of a child in the first and second degree" (Class E and D felonies, respectively). These apply when the depicted individual is under 17 years old. 3. Prohibits consent as a defense for depictions of individuals under 18 years old. 4. Expands the statute of limitations for prosecuting these new offenses and includes them as eligible for bail under certain circumstances. 5. Preserves exceptions for legitimate purposes like law enforcement, legal proceedings, and newsworthy value protected by the Constitution.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2023/S8510