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S02343 Summary:

BILL NOS02343
 
SAME ASNo Same As
 
SPONSORWALCZYK
 
COSPNSR
 
MLTSPNSR
 
Add §130.99, Pen L; amd §168-a, Cor L
 
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.
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S02343 Text:



 
                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.
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