Relates to creating the crime of attempt to engage in sexual conduct with a person incapable of consent when an individual communicates such individual's intent to engage in sexual conduct with the victim, and engages in certain acts which would tend to further effect the commission of such sexual conduct; designates such attempt as a class C felony, class E felony, or class A misdemeanor; designates individuals convicted of such crime as sex offenders.
STATE OF NEW YORK
________________________________________________________________________
2343
2025-2026 Regular Sessions
IN SENATE
January 16, 2025
___________
Introduced by Sen. WALCZYK -- 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 creating the crime of
attempt to engage in sexual conduct with a person incapable of
consent; and to amend the correction law, in relation to designating
individuals convicted of such offense as sex offenders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 130.99 to
2 read as follows:
3 § 130.99 Attempt to engage in sexual conduct with a person incapable of
4 consent.
5 In addition to any other crime of attempt under article one hundred
6 ten of this part, a person is guilty of attempt to engage in sexual
7 conduct with a person incapable of consent when the actor engages in the
8 following conduct for the purpose of committing a sexual act to which
9 the victim is deemed incapable of consent under subdivision three of
10 section 130.05 of this article:
11 1. Communicating to the victim, or a representative of the victim, the
12 actor's intent to engage in sexual conduct with the victim; and
13 2. Engaging in conduct which would tend to further effect the commis-
14 sion of such sexual conduct, including but not limited to, meeting with
15 the victim or a representative of the victim with the explicit intent to
16 plan or otherwise effectuate the actor's engagement in sexual conduct
17 with the victim.
18 An attempt to engage in sexual conduct with a person incapable of
19 consent is a:
20 1. Class C felony when:
21 (a) The victim is less than eleven years old; or
22 (b) The victim is less than thirteen years old and the actor is eigh-
23 teen years old or more;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05541-01-5
S. 2343 2
1 2. Class E felony when:
2 (a) The victim is less than fifteen years old and the actor is eigh-
3 teen years old or more; or
4 (b) The victim is incapable of consent by reason of being mentally
5 disabled or mentally incapacitated; or
6 3. Class A misdemeanor when the victim is less than seventeen years
7 old and the actor is twenty-one years old or more.
8 For the purposes of this section, the following terms shall have the
9 following meanings:
10 1. "Representative of the victim" means a person who claims to act as
11 an intermediary between the actor and the victim, or a person acting as
12 a decoy or stand-in for the victim.
13 2. "Decoy" means a police officer as defined by section 1.20 of the
14 criminal procedure law, or a person or persons acting under the direc-
15 tion of such police officer, where the victim is not a real person.
16 § 2. Paragraph (a) of subdivision 2 of section 168-a of the correction
17 law, as amended by chapter 777 of the laws of 2023, subparagraph (i) of
18 paragraph (a) of subdivision 2 as amended by chapter 23 of the laws of
19 2024, is amended to read as follows:
20 (a) (i) a conviction of or a conviction for an attempt to commit any
21 of the provisions of sections 120.70, 130.20, 130.25, 130.30, former
22 section 130.40, former section 130.45, sections 130.60, 130.99, 230.34,
23 230.34-a, 250.50, 255.25, 255.26 and 255.27 or article two hundred
24 sixty-three of the penal law, or section 135.05, 135.10, 135.20 or
25 135.25 of such law relating to kidnapping offenses, provided the victim
26 of such kidnapping or related offense is less than seventeen years old
27 and the offender is not the parent of the victim, or section 230.04,
28 where the person patronized is in fact less than seventeen years of age,
29 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of section
30 230.30, section 230.32, 230.33, or 230.34 of the penal law, or section
31 230.25 of the penal law where the person prostituted is in fact less
32 than seventeen years old, or (ii) a conviction of or a conviction for an
33 attempt to commit any of the provisions of section 235.22 of the penal
34 law, or (iii) a conviction of or a conviction for an attempt to commit
35 any provisions of the foregoing sections committed or attempted as a
36 hate crime defined in section 485.05 of the penal law or as a crime of
37 terrorism defined in section 490.25 of such law or as a sexually moti-
38 vated felony defined in section 130.91 of such law; or
39 § 3. This act shall take effect on the first of November next succeed-
40 ing the date upon which it shall have become a law.