S1741-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 12, 2011: REFERRED TO CODES

S1741-2011 Memo

BILL NUMBER:S1741

TITLE OF BILL:
An act
to amend the penal law, in relation to the crime of facilitating a sex
offense through electronic communication

SUMMARY OF PROVISIONS:
Section 1 - adds a new section 130.93 of the
Penal Law to provide that a person is guilty of facilitating a sex
offense through electronic communication if he or she, with intent to
cause sexual contact with another person, knowingly encourages,
suggests, orders, aids or otherwise participates through electronic
communication with one or more persons to engage in a sex offense as
defined in Article 130. The section further provides that
facilitating a sex offense through electronic communication is a
class D felony.

Section 2 - amends 120.40 of the Penal Law by adding a new subdivision
6 defining "electronic communication."

Section 3 - provides that the act shall take effect on the first of
November next succeeding the date on which it shall have become a law.

PURPOSE AND JUSTIFICATION:
Currently, there are no
laws in New York
that specifically address persons who participate in sexual offenses
by watching them over the internet and in some cases actively
participate, albeit at a distance, in the offenses through
communication and suggestions by e-mail or other long-distance
messaging. In a recent incident in Western New York, a pedophile
broadcast his abuse of a young child over the internet, and persons
watching are alleged to have made suggestions as to criminal
activities as they watched. Such behavior, which can encourage
criminal behavior, is as heinous as the actions of the actual
perpetrator.

EXISTING LAW:
Article 130 of the Penal Law sets forth various sexual offenses.

PRIOR LEGISLATIVE HISTORY:
2009-10 - S.2108/A.3789 - Codes
2007-08 - S.2323A/A.5883A - PASSED SENATE/Codes
2005-06 - S.5839/A.10752 -  PASSED SENATE/Codes

FISCAL IMPLICATIONS:
No additional costs to the state or local governments.

EFFECTIVE DATE:

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

S1741-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1741
 2011-2012 Regular Sessions
 I N  SENATE
 January 12, 2011
 
 Introduced  by  Sens.  GOLDEN, DeFRANCISCO, LAVALLE, RANZENHOFER -- 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 the crime of facilitating
 a sex offense through electronic communication
 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 130.93 to
 read as follows:

 

S 130.93 FACILITATING A SEX OFFENSE THROUGH ELECTRONIC COMMUNICATION.
 A PERSON IS GUILTY OF FACILITATING A SEX  OFFENSE  THROUGH  ELECTRONIC
 COMMUNICATION  WHEN,  WITH  INTENT  TO CAUSE SEXUAL CONTACT WITH ANOTHER
 PERSON, HE OR SHE KNOWINGLY ENCOURAGES, SUGGESTS, ORDERS, AIDS OR OTHER
 WISE PARTICIPATES THROUGH ELECTRONIC  COMMUNICATION  WITH  ONE  OR  MORE
 PERSONS  TO  ENGAGE  IN  A  SEX  OFFENSE AS DEFINED IN THIS ARTICLE WITH
 ANOTHER PERSON.
 FACILITATING A SEX OFFENSE THROUGH ELECTRONIC COMMUNICATION IS A CLASS
 D FELONY.
 

S 2.

Section 120.40 of the penal law is amended by adding a new subdi
 vision 6 to read as follows:

 6. "ELECTRONIC COMMUNICATION" MEANS ANY TRANSFER  OF  SIGNS,  SIGNALS,
 WRITINGS,  IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE TRANSMIT
 TED IN WHOLE OR IN PART BY A WIRE, RADIO,  ELECTROMAGNETIC,  PHOTO-ELEC
 TRONIC,  OR PHOTO-OPTICAL SYSTEM. ELECTRONIC COMMUNICATION INCLUDES, BUT
 IS NOT LIMITED TO, THE TRANSFER OF THAT COMMUNICATION THROUGH THE INTER
 NET.
 

S 3. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04238-01-1

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