New York S 3202: Prohibits disseminating, publishing, distributing, or accessing certain depictions of individuals or children

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S03202 Summary:

BILL NOS03202 

&nbsp

SAME ASSAME AS A08449

&nbsp

SPONSORFERNANDEZ

&nbsp

COSPNSRASHBY, COMRIE, MARTINEZ, PALUMBO, SCARCELLA-SPANTON

&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 S03202 Actions:

BILL NOS03202 

&nbsp

01/24/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03202 Committee&nbspVotes:

Go to topS03202 Floor&nbspVotes:

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

Go to topS03202 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3202

 2025-2026 Regular Sessions

 IN SENATE

 January 24, 2025
 ___________

 Introduced by Sens. FERNANDEZ, PALUMBO -- read twice and ordered print-
 ed, and when printed to be committed 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.
 21 2. "Create" means to design, develop, devise, generate, issue, make,
 22 manufacture, produce, or transmute.

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

 S. 3202 2

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