New York A 8449: Prohibits disseminating, publishing, distributing, or accessing certain depictions of individuals or children

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A08449 Summary:

BILL NOA08449 

&nbsp

SAME ASSAME AS S03202

&nbsp

SPONSORLevenberg

&nbsp

COSPNSRBronson, Conrad, Glick, Buttenschon, Hyndman, Zaccaro, Davila, Berger, Stirpe

&nbsp

MLTSPNSR

&nbsp

Add Art 246 §§246.00 - 246.30, amd §245.15, Pen L; amd §§30.10, 510.10, 530.20 & 530.40, CP L; amd §168-a,
Cor L

&nbsp

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.

Go to top A08449 Actions:

BILL NOA08449 

&nbsp

05/16/2025referred to codes

01/07/2026referred to codes

Go to topA08449 Committee&nbspVotes:

Go to topA08449 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08449 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8449

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 16, 2025
 ___________

 Introduced by M. of A. LEVENBERG, BRONSON, CONRAD, GLICK, BUTTENSCHON,
 HYNDMAN, ZACCARO, DAVILA, BERGER, STIRPE -- read once and referred to
 the Committee on Codes

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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "digital alterations protections act".
 3 § 2. The penal law is amended by adding a new article 246 to read as
 4 follows:

 5 ARTICLE 246
 6 OFFENSES INVOLVING SEXUALLY EXPLICIT DIGITAL ALTERATIONS

 7 Section 246.00 Definitions.
 8 246.05 Unlawful access of a sexually explicit depiction of a
 9 child.
 10 246.10 Unlawful distribution of a sexually explicit depiction of
 11 a child in the second degree.
 12 246.15 Unlawful distribution of a sexually explicit depiction of
 13 a child in the first degree.
 14 246.20 Disclaimers.
 15 246.25 Consent.
 16 246.30 Application of article.
 17 § 246.00 Definitions.
 18 As used in this article, the following definitions shall apply:
 19 1. "Disseminate" and "publish" shall have the same meanings as such
 20 terms are defined in section 250.40 of this title.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06263-01-5

 A. 8449 2

 1 2. "Create" means to design, develop, devise, generate, issue, make,
 2 manufacture, produce, or transmute.
 3 3. "Sexually explicit depiction" means any work created through sexu-
 4 ally explicit digitization, including still and audio visual depictions.
 5 4. "Sexually explicit digitization" means a realistic depiction of
 6 either: (a) the nude body parts of another human being as the nude body
 7 parts of the depicted individual or computer-generated nude body parts
 8 as the nude body parts of the depicted individual; or (b) the depicted
 9 individual engaging in sexual conduct, as defined by subdivision three
 10 of section 263.00 of this part, or sexual contact, as defined by subdi-
 11 vision three of section 130.00 of this part, in which the depicted indi-
 12 vidual did not engage.
 13 5. "Audio visual" means any film, motion picture, audio and/or visual
 14 recording, digital image, computer image or computer-generated image.
 15 6. "Sexually explicit material" means any portion of a sexually
 16 explicit depiction that shows the depicted individual performing, or
 17 appearing to perform, in the nude, meaning with an unclothed or exposed
 18 intimate part, as defined in section 245.15 of this title, or performing
 19 in, appearing to perform in, or being subjected to, sexual conduct, as
 20 defined by subdivision three of section 263.00 of this part, or sexual
 21 contact, as defined by subdivision three of section 130.00 of this part.
 22 7. "Depicted individual" means an identifiable person who appears, as
 23 a result of sexually explicit digitization, to be engaging in conduct in
 24 which the identifiable person did not actually engage in or that was
 25 actually engaged in by the identifiable person but the depiction of the
 26 actual conduct was subsequently altered to be in violation of thi