NY A03470

Creates an affirmative defense in penal law for individuals under 18 years old charged with sexting-related offenses under sections 235.21, 235.22, 263.10, 263.11, 263.15, or 263.16

Affirmative defense requires the defendant was under 18, less than a 4-year age difference existed between defendant and recipient, and the recipient was at least 13 years old at the time of the act

Affirmative defense also requires the depiction or description was not obtained in violation of sections 250.45 or 250.50, and both parties expressly or impliedly agreed to the conduct

Affirmative defense requires the defendant did not intend to profit from the conduct

Takes effect immediately upon enactment