Bill S2200-2013

Establishes crimes for the use of electronic communication in the furtherance of crimes

Establishes crimes for the use of electronic communication in the furtherance of crimes.

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  • Jan 14, 2013: REFERRED TO CODES

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BILL NUMBER:S2200

TITLE OF BILL: An act to amend the penal law, in relation to establishing crimes for the use of electronic communications

SUMMARY OF PROVISIONS: Section 1. of the penal law is amended by adding three new sections 156.40, 156.41, and 156.42 to read as follows:

§156.40. Criminal use of electronic communication in the third degree. A person is guilty of criminal use of electronic communication in the third degree when he or she intentionally uses or attempt to use electronic communication to: 1. Commit, further facilitate or promote conduct constituting a crime; 2. Conceal the commission of any crime; or 3. Conceal or protect the identity of a person who has committed any crime.

§156.41 Criminal use of electronic communication in the second degree. A person is guilty of criminal use of electronic communication in the second degree when he or she commits the crime of criminal use of electronic communication in the third degree and he or she: 1. Does so with an intent to commit or attempt to commit or further the commission of a felony; 2. Does so with the intent to conceal the commission of any felony; 3. Does so with the intent to protect the identity of a person who has committed any felony; 4. Has been previously convicted of any crime under this article.

§156.42 Criminal use of electronic communication in the first degree. A person is guilty of criminal use of electronic communication in the first degree when he or she, with intent to lure, entice, persuade, convince, harass, annoy threaten or alarm another person, by means of the use of electronic communication cause a communication to be initiated purporting to solicit the commission or attempted commission of a violent felony, as defined in section 70.02 of this chapter.

§2. Section 156.00 of the penal law is amended by adding a new subdivision 10 to read as follows:

10. "Electronic Communication" shall mean any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in who or in part b the internet and person digital assistance, such as a BlackBerry or other device.

REASONS FOR SUPPORT: There has been a dramatic increase of crime through the use of computers and connection through the internet and other networking devices, this has also altered the types of crimes that can be committed and the assess ability with which individuals can be victimized.

Cyberspace has become the perfect medium for predatory and even violent crimes against those most vulnerable.

The increase in incidences of such offenses has climbed to such a magnitude that we must now begin to exam and take appropriate steps to address and contain this criminal behavior.

This bill addresses the problem by significantly increasing criminal penalties for such predators.

In particular, this bill creates a new offense of "Internet Related Crimes". This crime occurs when a person commits, or assists in the facilitation of the committing of a "crime against any individual", where the facilitation was established by communicating with the victim of such offense over the Internet.

PRIOR LEGISLATIVE HISTORY: 2010: S.5402 Held in Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2200 2013-2014 Regular Sessions IN SENATE January 14, 2013 ___________
Introduced by Sen. ADAMS -- 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 establishing crimes for the use of electronic communications 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 three new sections 156.40, 156.41, and 156.42 to read as follows: S 156.40 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE THIRD DEGREE. A PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE THIRD DEGREE WHEN HE OR SHE INTENTIONALLY USES OR ATTEMPTS TO USE ELEC- TRONIC COMMUNICATION TO: 1. COMMIT, FURTHER FACILITATE OR PROMOTE CONDUCT CONSTITUTING A CRIME; 2. CONCEAL THE COMMISSION OF ANY CRIME; OR 3. CONCEAL OR PROTECT THE IDENTITY OF A PERSON WHO HAS COMMITTED ANY CRIME. CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR. S 150.41 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE SECOND DEGREE. A PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE SECOND DEGREE WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL USE OF ELEC- TRONIC COMMUNICATION IN THE THIRD DEGREE AND HE OR SHE: 1. DOES SO WITH AN INTENT TO COMMIT OR ATTEMPT TO COMMIT OR FURTHER THE COMMISSION OF A FELONY; 2. DOES SO WITH THE INTENT TO CONCEAL THE COMMISSION OF ANY FELONY; 3. DOES SO WITH THE INTENT TO PROTECT THE IDENTITY OF A PERSON WHO HAS COMMITTED ANY FELONY; 4. HAS BEEN PREVIOUSLY CONVICTED OF ANY CRIME UNDER THIS ARTICLE. CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE SECOND DEGREE IS A CLASS E FELONY. S 156.42 CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE FIRST DEGREE WHEN HE OR SHE, WITH INTENT TO LURE, ENTICE, PERSUADE, CONVINCE, HARASS, ANNOY, THREATEN OR ALARM ANOTHER PERSON, BY MEANS OF THE USE OF ELECTRONIC COMMUNICATION CAUSE A COMMUNICATION TO BE INITI- ATED PURPORTING TO SOLICIT THE COMMISSION OR ATTEMPTED COMMISSION OF A VIOLENT FELONY, AS DEFINED IN SECTION 70.02 OF THIS CHAPTER. CRIMINAL USE OF ELECTRONIC COMMUNICATION IN THE FIRST DEGREE IS A CLASS D FELONY. S 2. Section 156.00 of the penal law is amended by adding a new subdi- vision 10 to read as follows: 10. "ELECTRONIC COMMUNICATION" SHALL MEAN ANY TRANSFER OF SIGNS, SIGNALS, WRITING, IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE TRANSMITTED IN WHOLE OR IN PART BY THE INTERNET AND PERSONAL DIGITAL ASSISTANCE, SUCH AS A BLACKBERRY OR OTHER DEVICE. S 3. This act shall take effect on the ninetieth day after it shall have become a law.

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