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Bill > S03202


NY S03202

NY S03202
Prohibits accessing or distributing certain sexually explicit depictions of children; prohibits consent to such depictions by anyone under eighteen years of age; makes such crimes eligible for bail; includes certain crimes as sex offenses.


summary

Introduced
01/24/2025
In Committee
01/24/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the penal law, the criminal procedure law and the correction law, in relation to establishing offenses involving sexually explicit digital alterations

AI Summary

This bill creates a comprehensive legal framework to address and criminalize the creation, distribution, and access of digitally altered sexually explicit images of minors, known as "sexually explicit digitization." The legislation defines key terms such as "sexually explicit depiction" as a realistic digital alteration showing nude body parts or sexual conduct that the individual did not actually engage in, and establishes three primary criminal offenses: unlawful access of a sexually explicit depiction of a child (a misdemeanor), unlawful distribution of such a depiction in the second degree (a class E felony), and unlawful distribution in the first degree (a class D felony). The bill explicitly states that individuals under 18 cannot consent to such depictions, and no adult can consent on their behalf. Importantly, the law includes several exceptions for legitimate purposes such as law enforcement, legal proceedings, medical treatments, and constitutionally protected speech. The bill also amends existing laws to extend the statute of limitations for prosecuting these offenses, adds these crimes to the list of sex offenses for bail and registration purposes, and ensures that disclaimers or prior alterations do not serve as legal defenses. The legislation aims to protect minors from digital sexual exploitation by creating clear legal boundaries and significant criminal penalties for those who create, distribute, or access such inappropriate digital content.

Committee Categories

Housing and Urban Affairs

Sponsors (6)

Last Action

REFERRED TO CODES (on 01/24/2025)

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