New York S 10402: Establishes the crimes of grooming of a child in the first and second degree and predatory sexual misconduct toward a child enrolled in school in the first and second degree

Bill Text

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S10402 Summary:

BILL NOS10402 

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SAME ASSAME AS A11399

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SPONSORBAILEY

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COSPNSR

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MLTSPNSR

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Add §§260.36, 260.37, 260.38 & 260.39, amd §§130.05 & 130.10, Pen L; amd §§1125, 1132 & 3036, add §§2801-c &
1135, Ed L; amd §§413 & 412, Soc Serv L; amd §168-a, Cor L

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Enacts the "New York state child anti-grooming act" which establishes the crimes of grooming of a child in the first and second degree and predatory sexual misconduct toward a child enrolled in school in the first and second degree; updates the codes of conduct in schools to include training on predatory misconduct and grooming; requires updates to mandatory reporter training; classifies grooming of a child in the first degree and predatory sexual misconduct towards a child in the first degree as a sex offense for the sex offender registry.

Go to top S10402 Actions:

BILL NOS10402 

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05/15/2026REFERRED TO CODES

Go to topS10402 Committee&nbspVotes:

Go to topS10402 Floor&nbspVotes:

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

Go to topS10402 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10402

 IN SENATE

 May 15, 2026
 ___________

 Introduced by Sen. BAILEY -- 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 establishing the crimes of
 grooming of a child in the first and second degree and predatory sexu-
 al misconduct toward a child enrolled in school in the first and
 second degree; to amend the education law, in relation to updating the
 code of professional employee conduct for schools to include training
 on predatory misconduct and grooming; to amend the social services
 law, in relation to updating training for persons required to report
 cases of suspected child abuse or maltreatment; and to amend the
 correction law, in relation to classifying the crimes of grooming of a
 child in the first degree and predatory sexual misconduct towards a
 child in the first degree as a sex offense for purposes of the sex
 offender registry

 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 "New York state child anti-grooming act".
 3 § 2. The penal law is amended by adding four new sections 260.36,
 4 260.37, 260.38 and 260.39 to read as follows:
 5 § 260.36 Predatory misconduct toward a child enrolled in school in the
 6 second degree.
 7 1. A person is guilty of predatory misconduct toward a child enrolled
 8 in school in the second degree when such person is an employee or volun-
 9 teer of a school district, charter school, or nonpublic school with
 10 direct contact with a child and commits any act in an educational
 11 setting or school that is directed toward or with such child and that is
 12 intended to establish or advance, or that a reasonable person would
 13 understand as being intended to establish or advance, a romantic or
 14 sexual relationship with such child, including, but not limited to, any
 15 verbal, nonverbal, written, or electronic communication or physical
 16 activity. Such an act includes, but is not limited to, any of the
 17 following: a sexual or romantic invitation to a child; dating or solic-
 18 iting a date with a child; engaging in sexualized or romantic dialogue

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15357-03-6

 S. 10402 2

 1 with a child; making sexually suggestive comments that are directed
 2 toward or with a child; self-disclosure or physical exposure of a sexu-
 3 al, romantic, or erotic nature to a child; or a sexual, indecent, roman-
 4 tic, or erotic contact with a child.
 5 2. Nothing in this section shall be construed to prohibit an employee
 6 or volunteer who is a teacher, school nurse, school guidance counselor,
 7 school psychologist, school social worker, school administrator, or
 8 other school personnel required to hold a teaching or administrative
 9 license or certificate whose professional duties include instruction,
 10 counseling or other educational, health or mental health services from,
 1