Includes certain offenses involving computers in the definition of specified offenses which can form the basis of a sexually motivated felony.

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S5170-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jun 24, 2011: COMMITTED TO RULES
• Jun 13, 2011: AMENDED ON THIRD READING 5170A
• May 16, 2011: ADVANCED TO THIRD READING
• May 11, 2011: 2ND REPORT CAL.
• May 10, 2011: 1ST REPORT CAL.564
• May 3, 2011: REFERRED TO CODES

S5170-2011 Meetings

Codes: May 10, 2011

S5170-2011 Calendars

Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011

S5170-2011 Votes

S5170-2011 Memo

BILL NUMBER:S5170

TITLE OF BILL:
An act
to amend the penal law, in relation to including certain offenses
involving computers in the definition of specified offenses which can
form the basis of a sexually motivated felony

PURPOSE:
To impose criminal liability and create a registerable
offense for sexual predators who may unlawfully tamper or trespass on
victims computers for the purpose of sexual gratification.

SUMMARY OF PROVISIONS:
Section (1) of the Bill adds new felony
offenses within the meaning of "specified offenses" The new offenses
are codified in Article 156 of the Penal Law "Offenses Involving
Computers" and the specific sections are as follows:

156.10 - Computer trespass.
156.25 - Computer tampering in the third degree.
156.26 - Computer tampering in the second degree.
156.27 - Computer tampering in the first degree.
156.29 - Unlawful duplication of computer related material in the
         second degree.
156.30 - Unlawful duplication of computer related material in the
         first degree.
156.35 - Criminal possession of computer related material.

JUSTIFICATION:

A Sexually Motivated Felony is committed when a person commits a
specified felony offense for the purpose, in whole or substantial
part, of his or her own direct sexual gratification. The Sexually
Motivated Felony is of the same level as the specified felony. The
purpose of the original enactment of this statute in 2007 was to
include as sex crimes certain sexually violent conduct that cannot be
prosecuted as a sex crime per se. The addition of these new computer
crimes to the sexually motivated felony statute while not proscribing
violent conduct as the original enactment did, nevertheless, protects
victims and punishes sexual predators who commit crimes that cannot
be prosecuted as a sex crimes, but are committed to satisfy a
predator's sexual desire through the unlawful and often clandestine
means of computer tampering and computer trespass.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
November first of the next succeeding date it shall have become a law.

S5170-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    5170

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 May 3, 2011
                                 ___________

  Introduced  by  Sen.  SALAND -- 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 including certain offenses
    involving computers in the definition of specified offenses which  can
    form the basis of a sexually motivated felony

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision 2 of  section  130.91  of  the  penal  law,  as
  amended  by  chapter  405  of  the  laws  of 2010, is amended to read as
  follows:

    2. A "specified offense" is a felony offense defined  by  any  of  the
  following  provisions  of  this chapter: assault in the second degree as
  defined in section 120.05, assault in the first  degree  as  defined  in
  section  120.10, gang assault in the second degree as defined in section
  120.06, gang assault in the first degree as defined in  section  120.07,
  stalking in the first degree as defined in section 120.60, strangulation
  in  the second degree as defined in section 121.12, strangulation in the
  first degree as defined in section 121.13, manslaughter  in  the  second
  degree  as defined in subdivision one of section 125.15, manslaughter in
  the first degree as defined in section  125.20,  murder  in  the  second
  degree  as  defined  in  section 125.25, aggravated murder as defined in
  section 125.26, murder in the first degree as defined in section 125.27,
  kidnapping in the second degree as defined in section 135.20, kidnapping
  in the first degree as defined in section 135.25, burglary in the  third
  degree  as  defined  in section 140.20, burglary in the second degree as
  defined in section 140.25, burglary in the first degree  as  defined  in
  section 140.30, arson in the second degree as defined in section 150.15,
  arson  in  the first degree as defined in section 150.20, COMPUTER TRES-
  PASS AS DEFINED IN SECTION  156.10,  COMPUTER  TAMPERING  IN  THE  THIRD
  DEGREE  AS  DEFINED  IN SECTION 156.25, COMPUTER TAMPERING IN THE SECOND
  DEGREE AS DEFINED IN SECTION 156.26, COMPUTER  TAMPERING  IN  THE  FIRST

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11202-01-1

 S. 5170                             2

  DEGREE  AS  DEFINED  IN SECTION 156.27, UNLAWFUL DUPLICATION OF COMPUTER
  RELATED MATERIAL IN THE SECOND DEGREE  AS  DEFINED  IN  SECTION  156.29,
  UNLAWFUL DUPLICATION OF COMPUTER RELATED MATERIAL IN THE FIRST DEGREE AS
  DEFINED IN SECTION 156.30, CRIMINAL POSSESSION OF COMPUTER RELATED MATE-
  RIAL  AS  DEFINED  IN  SECTION  156.35,  robbery  in the third degree as
  defined in section 160.05, robbery in the second degree  as  defined  in
  section  160.10,  robbery  in  the  first  degree  as defined in section
  160.15, promoting prostitution  in  the  second  degree  as  defined  in
  section 230.30, promoting prostitution in the first degree as defined in
  section  230.32,  compelling  prostitution as defined in section 230.33,
  disseminating indecent material to minors in the first degree as defined
  in section 235.22, use of a child in a sexual performance as defined  in
  section  263.05,  promoting  an obscene sexual performance by a child as
  defined in section 263.10, promoting a sexual performance by a child  as
  defined in section 263.15, or any felony attempt or conspiracy to commit
  any of the foregoing offenses.
    S 2. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.