New York’s FY2026 Budget Includes New Criminal Offenses
On May 9, 2025, Governor Hochul signed New York’s FY2026 budget. In addition to various financial provisions, the budget included reforms and additional laws impacting the criminal legal system. These changes include additional criminal offenses as well as an important change to how defendants can appear in criminal court.
Concealing Identity During Commission of Offense
If the perpetrator is concealing his or her face while committing a crime, they will now face an additional criminal charge. Pursuant to Penal Law § 205.35, Evading Arrest by Concealment of Identity is a B misdemeanor, punishable by up to 90 days in jail. The new law goes into effect June 8, 2025.
Specifically, the crime will punish a person who evades arrest by concealing their identity when committing or fleeing from committing a felony or A misdemeanor. Under this law, the individual is concealing his or her identity when wearing a mask or facial covering that completely or partially obscures their case for no legitimate purpose. Such must be done with the intent to prevent his or her identification, apprehension, or arrest.
Offenses for Possessing AI-Generated Child Sexual Abuse Material
There is a proliferation of child sexual abuse material (CSAM) available on the internet. With the continuing development in technology, this includes AI-generated images. As such, legislators worked to criminalize such AI-generated images that depict the sexual abuse of children.
Under Penal Law § 245.15(d), “digitization” of an image means the image is altered in a realistic manner “utilizing an image or images of a person, other than the person depicted, or computer generated images.” Starting July 8, 2025, digitized images depicting child sexual abuse will constitute CSAM in New York. This will apply to offenses involving promoting and possessing sexual performance by a child (Penal Law §§ 263.10, 263.11, 263.15, and 263.16).
Virtual Appearances in Criminal Court
While not a new offense, the FY2026 budget included a new law permitting virtual appearances in criminal cases in many circumstances. Beginning July 8, 2025, virtual appearances in criminal matters will be permitted for:
- Arraignments, in special circumstances
- Plea proceedings
- Sentencings
- Evidentiary hearings
- All other types of proceedings, including calendar calls, conferences, and arguments
However, electronic appearances will not be permitted for trials or grand jury presentments.
For arraignments, pleas, sentences, and evidentiary hearings, a defendant must consent to the virtual proceeding on the record after consultation with his or her attorney, and the prosecutor must also consent. For all other proceedings, if one party objects, the court may consider the arguments on the record and make a decision whether good cause was shown why the proceeding should not be conducted virtually.
References:
- Penal Law § 205.35, Evading arrest by concealment of identity; available at: https://www.nysenate.gov/legislation/laws/PEN/205.35 (last accessed May 30, 2025)
- Criminal Procedure Law § 182.20, Electronic appearance; general rule; available at: https://www.nysenate.gov/legislation/laws/CPL/182.20 (last accessed May 30, 2025).
Image: Free public domain CC0 photo