S 2343: 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.

  
  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, sections 130.60, 130.99, 230.34, 23 230.34-a, 250.50, 255.25, 255.26 and 255.27 or article two hundred 24 sixty-three of the penal law, or section 135.05, 135.10, 135.20 or 25 135.25 of such law relating to kidnapping offenses, provided the victim 26 of such kidnapping or related offense is less than seventeen years old 27 and the offender is not the parent of the victim, or section 230.04, 28 where the person patronized is in fact less than seventeen years of age, 29 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of section 30 230.30, section 230.32, 230.33, or 230.34 of the penal law, or section 31 230.25 of the penal law where the person prostituted is in fact less 32 than seventeen years old, or (ii) a conviction of or a conviction for an 33 attempt to commit any of the provisions of section 235.22 of the penal 34 law, or (iii) a conviction of or a conviction for an attempt to commit 35 any provisions of the foregoing sections committed or attempted as a 36 hate crime defined in section 485.05 of the penal law or as a crime of 37 terrorism defined in section 490.25 of such law or as a sexually moti- 38 vated felony defined in section 130.91 of such law; or 39 § 3. This act shall take effect on the first of November next succeed- 40 ing the date upon which it shall have become a law.