Bill S1096-2011

Creates the crime of luring or enticing a child on the internet

Creates the crime of luring or enticing a child on the internet.

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  • Jan 4, 2012: REFERRED TO CODES
  • Jan 5, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S1096

TITLE OF BILL: An act to amend the penal law, in relation to creating the crime of criminal luring or enticing of a child on the internet

PURPOSE OR GENERAL IDEA OF BILL: Creates the crime of luring or enticing a child on the Internet.

SUMMARY OF SPECIFIC PROVISIONS: Defines criminal luring or enticing of a child on the Internet as engaging a child in conversation on the Internet or some Internet-enabled electronic device, and luring or attempting to lure a child to an area where the person might engage in a violent/sexual act to harm the child through:

* The misrepresentation of their identity

* The misrepresentation of their intent or purpose

* A false request of help or reward

Subsection 1 defines the words "child", "misrepresentation", and "person" for the purposes of subsection 2, which establishes that the luring or enticement of a child through electronic means is a class C felony.

Subsection 3 states that it is not an affirmative defense to a prosecution for a violation of Section 1 that: (a) the child was actually a law enforcement officer posing as a child; or (b) a meeting did not occur.

JUSTIFICATION: With the recent rise of the use of the Internet all over the world as well as in the state of New York, the increase in children using the Internet is rising in phenomenal numbers. The Internet has always been a information center where anyone can access any kind of information. However, the Internet is becoming what the New York State Commission of Investigations (NYSI) describes, "as a modem play-ground" for children as far as such networking sites like Myspace.com and Facebook.com are concerned.

The sad tragedy is that children all over the world as well as in the State of New York are becoming victims of cyber-predators. Such children will especially be vulnerable to adults who lure other children to an area that is not well known to them, or make false promises or rewards, and these children would be extremely endangered in these situations. Legislation must be developed to protect New York children in the long-term and such legislation must be substantive and innovative.

In the State of New York, there is no statute that criminalizes the luring of children/minors by using means such as the Internet (as well as other electronic means such as cell phones, PDAs, and any electronic devices). The only legislation that the State of New York can use to

prosecute an offender is under Endangering the Welfare of a Child, which is a Felony A class misdemeanor. We must introduce legislation that forbids offenders from luring children by means of using the Internet or any other devices. Thus, New York State should criminalize, as a class C felony, the act of enticing a child into an area or act by false promises or rewards, misrepresentation of identity, purpose and intent, where the child's welfare would be endangered, for the purpose of committing a violent or sexual attack.

Punishment of the offender should should deter the people of New York from committing such an offense. By creating this new statute, police officials and lawyers will be able to protect children and the general public, as well as give law enforcement more flexibility to prosecuting online predators. The time is now to be one step ahead of cyber predators and protect the children of New York.

PRIOR LEGISLATIVE HISTORY: 2009-10: S.4995/A.1527C - Referred to Codes/Codes 2008-09: S.4432/A.8319 2007-08: A.8319

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1096 2011-2012 Regular Sessions IN SENATE January 5, 2011 ___________
Introduced by Sens. PARKER, KLEIN, PERKINS -- 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 criminal luring or enticing of a child on the internet THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 260.09 to read as follows: S 260.09 CRIMINAL LURING OR ENTICING OF A CHILD ON THE INTERNET. 1. WHENEVER SUCH TERM IS USED IN THIS SECTION: (A) "CHILD" SHALL MEAN SOMEONE UNDER THE AGE OF EIGHTEEN YEARS; AND (B) "MISREPRESENTATION" SHALL MEAN ANY COMMUNICATION BY WORDS OR ANY OTHER MEANS MADE BY A PERSON, HAVING THE INTENT OF DECEIVING OR HAVING THE KNOWLEDGE THAT SUCH COMMUNICATION IS FALSE, TO A CHILD FOR THE PURPOSE OF INDUCING AN ACT OR AN OMISSION BY SUCH CHILD; AND (C) "PERSON" SHALL MEAN SOMEONE TWENTY-ONE YEARS OF AGE AND OLDER; OR SOMEONE UNDER TWENTY-ONE YEARS OF AGE AND AT LEAST FOUR YEARS OLDER THAN A CHILD. 2. A PERSON IS GUILTY OF CRIMINAL LURING OR ENTICING OF A CHILD ON THE INTERNET WHEN HE OR SHE INTENTIONALLY OR KNOWINGLY ENGAGES A CHILD IN CONVERSATION ON THE INTERNET OR SOME OTHER ELECTRONIC DEVICE, AND LURES OR ATTEMPTS TO LURE A CHILD INTO AN AREA AND ENTICES, BY MISREPRESEN- TATION OF THEIR IDENTITY, AGE, INTENT OR PURPOSE, OR ATTEMPTS TO ENTICE SUCH CHILD INTO AN ACTIVITY BY, INCLUDING BUT NOT LIMITED TO, FALSELY REQUESTING HELP OR PROMISING A REWARD, WHERE SUCH ACTIVITY OR SUCH AREA IS LIKELY TO LEAD TO AN INJURY TO THE PHYSICAL, MENTAL OR MORAL WELFARE OF SUCH CHILD. 3. IT IS NOT AN AFFIRMATIVE DEFENSE TO A PROSECUTION FOR A VIOLATION OF THIS SECTION THAT: (A) THE CHILD WAS ACTUALLY A LAW ENFORCEMENT OFFICER POSING AS A CHILD; OR
(B) A MEETING DID NOT OCCUR. CRIMINAL LURING OR ENTICING OF A CHILD ON THE INTERNET IS A CLASS C FELONY. 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.

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