Bill > A08449

This bill establishes a comprehensive legal framework to address digitally altered sexually explicit depictions of children, creating new criminal offenses and protections. The legislation defines "sexually explicit digitization" as realistic digital images or videos that either depict nude body parts or sexual conduct of an identifiable person who did not actually engage in such activities. The bill creates 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). Critically, the bill stipulates that individuals under 18 cannot consent to such depictions, and no adult can consent on their behalf. The legislation includes important exceptions for legitimate purposes such as law enforcement, legal proceedings, medical treatments, and constitutionally protected reporting or commentary. Additionally, the bill amends existing laws to include these new offenses in statutes related to criminal procedure, extending the statute of limitations for prosecution and making these crimes eligible for specific legal procedures like bail restrictions and sex offender registration.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A8449