S2200-2013 Actions

• Jan 14, 2013: REFERRED TO CODES

S2200-2013 Memo

BILL NUMBER:S2200

TITLE OF BILL:  An act to amend the penal law, in relation to establish-
ing 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  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.

�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  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.

�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.

�2. Section 156.00 of the penal law is amended by adding a new  subdivi-
sion 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 assist-
ance, 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 magni-
tude  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.

S2200-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2200
 2013-2014 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06041-01-3
 
       S. 2200                             2
 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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