New York S 2343: Relates to creating the crime of attempt to engage in sexual conduct with a person incapable of consent

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S02343 Summary:

BILL NOS02343 

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SAME ASNo Same As

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SPONSORWALCZYK

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COSPNSR

&nbsp

MLTSPNSR

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Add §130.99, Pen L; amd §168-a, Cor L

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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.

Go to top S02343 Actions:

BILL NOS02343 

&nbsp

01/16/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS02343 Committee&nbspVotes:

Go to topS02343 Floor&nbspVotes:

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

Go to topS02343 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, section