New York S02343 creates the crime of attempting to engage in sexual conduct with a person incapable of consent, designating it as a class C felony.
New York S02343 amends the penal law to establish the crime of attempting to engage in sexual conduct with a person incapable of consent. This crime is committed when an individual communicates their intent to engage in sexual conduct with the victim and engages in acts that further the commission of such conduct. The bill designates this attempt as a class C felony if the victim is less than eleven years old or less than thirteen years old, a class E felony if the victim is less than fifteen years old and the actor is eighteen years old or more, or if the victim is mentally disabled or.
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