Creates the crime of facilitating a sex offense through electronic communication, a class D felony; defines electronic communication to include the transfer of electronic communication through the internet.
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.
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1741 2011-2012 Regular Sessions IN 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