New York Assembly Bill A03401

New York 2025-2026 Regular Session

• Introduced: 1/27/25
• Refer: 1/27/25
• Refer: 1/7/26

Caption

Modifies the crime of criminal solicitation in the third degree; provides that a person is guilty of criminal solicitation in the third degree when such person, being over eighteen years of age, with the intent that another person under eighteen years of age engage in conduct that would constitute certain crimes, intentionally provides a loaded firearm to such other person.

Summary

A03401 amends New York’s Penal Law definition of criminal solicitation in the third degree. Under current law, the offense applies when an adult over 18, intending that a person under 16 commit a felony, solicits or otherwise tries to induce that conduct. The bill adds a second pathway to the offense: an adult over 18 would also commit criminal solicitation in the third degree if, with the intent that a person under 18 commit a crime under article 265 (firearms offenses), the adult intentionally provides that minor with a loaded firearm in order to protect the actor from criminal prosecution. The bill keeps criminal solicitation in the third degree classified as a class E felony and would take effect 60 days after becoming law. In practical terms, it expands criminal liability to reach adults who arm minors with loaded guns to shield themselves from prosecution, even where the underlying conduct is tied specifically to firearms crimes rather than the broader felony-solicitation standard already in law.

Impact

This bill would amend section 100.08 of the Penal Law and broaden the scope of criminal solicitation in the third degree. It would create a new statutory basis for prosecution when an adult provides a loaded firearm to a person under 18 with the intent that the minor commit an article 265 firearms offense, thereby increasing potential felony exposure for adults who use minors in gun-related criminal conduct. The measure would affect prosecutors, defendants, and minors involved in firearm offenses, while leaving the offense level unchanged as a class E felony.

Sentiment

No committee transcript or vote record was provided, so there is no documented debate or recorded vote to indicate support or opposition. Based on the bill text alone, the measure appears to be framed as a public-safety and gun-crime enforcement bill aimed at preventing adults from exploiting minors in firearms offenses.

Contention

The main policy issue is the bill’s expansion of solicitation liability to cover the intentional provision of a loaded firearm to a minor for the purpose of committing an article 265 offense. Supporters would likely view this as a targeted tool to deter adults from using minors in gun crimes and to strengthen accountability. Potential concerns could center on how prosecutors prove the adult’s intent, whether the new language overlaps with existing firearms and accomplice-liability statutes, and whether the bill could sweep in conduct beyond the most serious cases if applied broadly.