Creates computer sex crimes against children and makes it a violent felony offense when a person is convicted of a computer sex crime and the underlying crime is against a child.

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S2510-2013 Actions

• Mar 20, 2013: referred to codes
• Mar 20, 2013: DELIVERED TO ASSEMBLY
• Mar 20, 2013: PASSED SENATE
• Mar 14, 2013: ADVANCED TO THIRD READING
• Mar 13, 2013: 2ND REPORT CAL.
• Mar 12, 2013: 1ST REPORT CAL.196
• Jan 18, 2013: REFERRED TO CODES

S2510-2013 Meetings

Codes: Mar 12, 2013

S2510-2013 Calendars

Active List: Mar 20, 2013 , Floor Calendar: Mar 13, 2013 , Floor Calendar: Mar 14, 2013 , Floor Calendar: Mar 18, 2013 , Floor Calendar: Mar 19, 2013 , Floor Calendar: Mar 20, 2013

S2510-2013 Votes

S2510-2013 Memo

BILL NUMBER:S2510

TITLE OF BILL:
An act
to amend the penal law and the criminal procedure law,
in relation to computer sex crimes against children

PURPOSE:
This bill creates new crimes relating to the use of computers for the
purpose of committing sexual offenses against children.

SUMMARY OF PROVISIONS: Section 1 of the bill adds
Penal Law Title
Y-2 to create the offense of Computer Sex Crime. A person is guilty of
a Computer Sex Crime when he or she commits a "sex crime against a
child" which was facilitated by using a computer or computer service
to communicate with the victim. For purposes of this new offense,
"sex crime against a child" is defined as a felony offense, the
essential elements of which include the commission or attempted
commission of sexual conduct or the use or promotion of a sexual or
obscene sexual performance involving a child less than 17 years old.
The punishment for committing this offense is one felony class higher
than for the underlying "sex crime against a child." Where the
underlying "sex crime against a child" is a class B felony, the bill
increases the minimum determinate sentence that must be imposed.

Section 2 of the bill amends Criminal Procedure Law � 240.54(4) and(7)
regarding the form and content of an indictment to provide that when
charging the offense of Computer Sex Crimes, the accusatory
instrument must particularize the "sex crime against a child, "as
defined in Penal Law � 495.00, followed by the phrase "as a computer
sex crime."

Section 3 of the bill amends Criminal Procedure Law � 700.45(B) to
include certain additional computer and sex crime offenses within the
definition of "designated offense" for which law enforcement may
obtain eavesdropping or video surveillance warrants.

Section 4 of the bill amends Penal Law � 460.10(1) to include Computer
Sex Crimes (penal Law � 495) within the definition of "criminal act"
for purposes of an enterprise corruption prosecution.

JUSTIFICATION:
The dramatic increase in the use of computers, and ever-increasing
interconnection through the Internet and other networks, have
fundamentally altered the types of crimes that can be committed and
the ease with which individuals can be victimized. Most notably, the
anonymity of cyberspace is the perfect medium for Predatory crimes
against vulnerable individuals.

The incidence of such insidious offenses has increased dramatically in
recent years, and frequently involving individuals using a false
identity in an effort to engage in sexual conduct with minors. This
bill addresses this problem by significantly increasing criminal
penalties for such predators.


In particular, this bill creates a new offense of Computer Sex Crimes.
This crime occurs when a person commits a "sex crime against a
child," which was facilitated by communicating with the victim of
such offense over the Internet. "Sex crime against a child" is
defined as a felony offense, the essential elements of which include
the commission or attempted commission of sexual conduct or the use
or promotion of a sexual or obscene sexual performance involving a
child less than 17 years old. The punishment for committing this
offense is one felony class higher than for the underlying "sex crime
against a child." Where the underlying "sex crime against a child" is
a class B felony, the bill increases the minimum determinate sentence
that must be imposed.

In addition, by adding computer crimes and crimes involving the sexual
performance by a child to the eavesdropping and enterprise corruption
statutes, this bill provides law enforcement with the tools it needs
to investigate such crimes effectively.

LEGISLATIVE HISTORY:
2008 -Passed Senate
2009-10 - Referred to Codes
2011 - Referred to Codes
2012 - Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This bill takes effect on the first of November following enactment.

S2510-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2510

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 18, 2013
                                 ___________

  Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
    printed to be committed to the Committee on Codes

  AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
    relation to computer sex crimes against children

    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 title Y-2 to read
  as follows:

                                  TITLE Y-2
                    COMPUTER SEX CRIMES AGAINST CHILDREN
                                 ARTICLE 495
                    COMPUTER SEX CRIMES AGAINST CHILDREN
  SECTION 495.00 COMPUTER SEX CRIMES.
          495.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
  S 495.00 COMPUTER SEX CRIMES.
    1. A PERSON COMMITS A COMPUTER SEX CRIME WHEN HE OR SHE COMMITS A  SEX
  CRIME  AGAINST A CHILD AND FACILITATED THE COMMISSION OF SUCH OFFENSE BY
  USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE  TO  COMMUNI-
  CATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED.
    2. A "SEX CRIME AGAINST A CHILD" MEANS A FELONY OFFENSE (A) THE ESSEN-
  TIAL ELEMENTS OF WHICH INCLUDE THE COMMISSION OR ATTEMPTED COMMISSION OF
  SEXUAL  CONDUCT, AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF THIS
  CHAPTER, OR THE USE OR PROMOTION OF A SEXUAL OR OBSCENE SEXUAL  PERFORM-
  ANCE,  AS  DEFINED  IN  SECTION 263.00 OF THIS CHAPTER, (B) COMMITTED OR
  ATTEMPTED TO BE COMMITTED AGAINST A CHILD LESS THAN SEVENTEEN YEARS OLD.
  S 495.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
    1. WHEN A PERSON IS CONVICTED OF A  COMPUTER  SEX  CRIME  PURSUANT  TO
  SECTION 495.00 OF THIS ARTICLE, AND THE UNDERLYING CRIME AGAINST A CHILD
  IS  A  VIOLENT FELONY OFFENSE, AS DEFINED IN SECTION 70.02 OF THIS CHAP-
  TER, THE COMPUTER SEX CRIME SHALL BE DEEMED A VIOLENT FELONY OFFENSE.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01038-02-3

 S. 2510                             2

    2. WHEN A PERSON IS CONVICTED OF A  COMPUTER  SEX  CRIME  PURSUANT  TO
  SECTION  495.00  OF THIS ARTICLE, AND THE UNDERLYING SEX CRIME AGAINST A
  CHILD IS A CLASS C, D OR E FELONY,  THE  COMPUTER  SEX  CRIME  SHALL  BE
  DEEMED  TO BE ONE CATEGORY HIGHER THAN THE SEX CRIME AGAINST A CHILD THE
  DEFENDANT  COMMITTED,  OR  ONE  CATEGORY  HIGHER  THAN THE OFFENSE LEVEL
  APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
  COMMIT A SEX CRIME AGAINST A CHILD, WHICHEVER IS APPLICABLE.
    3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
  CONVICTED  OF  A  COMPUTER  SEX CRIME PURSUANT TO SECTION 495.00 OF THIS
  ARTICLE AND THE UNDERLYING SEX CRIME AGAINST A CHILD IS A CLASS B  FELO-
  NY:

    (A)  THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
  IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
    (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
  IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
  AND
    (C) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
  FOUR  YEARS  IF  THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.05 OF
  THIS CHAPTER.
    S 2. Subdivisions 4 and 7 of section 200.50 of the criminal  procedure
  law, as amended by chapter 7 of the laws of 2007, are amended to read as
  follows:

    4.  A statement in each count that the grand jury, or, where the accu-
  satory instrument is a superior court information, the  district  attor-
  ney,  accuses  the  defendant  or  defendants  of  a designated offense,
  provided that in any prosecution under article four hundred  eighty-five
  of the penal law, the designated offense shall be the specified offense,
  as  defined  in  subdivision  three  of section 485.05 of the penal law,
  followed by the phrase "as a hate crime", and provided further  that  in
  any  prosecution  under  section 490.25 of the penal law, the designated
  offense shall be the specified offense, as defined in subdivision  three
  of  section  490.05 of the penal law, followed by the phrase "as a crime
  of terrorism"; and  provided  further  that  in  any  prosecution  under
  section  130.91  of  the  penal law, the designated offense shall be the
  specified offense, as defined in subdivision two of  section  130.91  of
  the  penal law, followed by the phrase "as a sexually motivated felony",
  AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 495.00 OF THE
  PENAL LAW, THE DESIGNATED OFFENSE SHALL  BE  THE  UNDERLYING  SEX  CRIME
  AGAINST  A CHILD, AS DEFINED IN SUBDIVISION TWO OF SECTION 495.00 OF THE
  PENAL LAW, FOLLOWED BY THE PHRASE "AS A COMPUTER SEX CRIME"; and
    7. A plain and concise factual statement in each count which,  without
  allegations of an evidentiary nature,
    (a)  asserts facts supporting every element of the offense charged and
  the defendant's or defendants' commission thereof with sufficient preci-
  sion to clearly apprise the defendant or defendants of the conduct which
  is the subject of the accusation; and
    (b) in the case of any armed felony, as defined in subdivision  forty-
  one  of  section  1.20,  states that such offense is an armed felony and
  specifies  the  particular  implement  the   defendant   or   defendants
  possessed,  were  armed  with,  used  or displayed or, in the case of an
  implement displayed, specifies what the implement appeared to be; and
    (c) in the case of any hate crime, as defined in section 485.05 of the
  penal law, specifies, as applicable, that the  defendant  or  defendants
  intentionally selected the person against whom the offense was committed
  or  intended to be committed; or intentionally committed the act or acts
  constituting the offense, in whole or in substantial part because  of  a

 S. 2510                             3

  belief  or perception regarding the race, color, national origin, ances-
  try, gender, religion, religious practice,  age,  disability  or  sexual
  orientation of a person; and
    (d)  in the case of a crime of terrorism, as defined in section 490.25
  of the penal law,  specifies,  as  applicable,  that  the  defendant  or
  defendants  acted  with  intent to intimidate or coerce a civilian popu-
  lation, influence the policy of a unit of government by intimidation  or
  coercion,  or  affect  the  conduct  of  a unit of government by murder,
  assassination or kidnapping; and
    (e) in the case of a sexually motivated felony, as defined in  section
  130.91  of  the  penal law, asserts facts supporting the allegation that
  the offense was sexually motivated; and
    (F) IN THE CASE OF A COMPUTER SEX CRIME, AS DEFINED IN SUBDIVISION ONE
  OF SECTION 495.00 OF THE PENAL LAW, SPECIFIES, AS APPLICABLE,  THAT  THE
  DEFENDANT  OR  DEFENDANTS  FACILITATED  THE  COMMISSION  OF  A SEX CRIME
  AGAINST A CHILD, AS DEFINED IN SUBDIVISION TWO OF SUCH  SECTION  495.00,
  BY  USING OR CAUSING TO BE USED A COMPUTER OR COMPUTER SERVICE TO COMMU-
  NICATE WITH THE CHILD AGAINST WHOM SUCH OFFENSE IS COMMITTED; AND
    S 3. Subdivision 8 of section 700.05 of the criminal procedure law  is
  amended by adding two new paragraphs (u) and (v) to read as follows:

    (U) COMPUTER SEX CRIMES AS DEFINED IN SECTION 495.00 OF THE PENAL LAW,
  COMPUTER TRESPASS AS DEFINED IN SECTION 156.10 OF THE PENAL LAW, COMPUT-
  ER  TAMPERING  IN  THE  THIRD DEGREE AS DEFINED IN SECTION 156.25 OF THE
  PENAL LAW, COMPUTER TAMPERING IN THE SECOND DEGREE AS DEFINED IN SECTION
  156.26 OF THE PENAL LAW, COMPUTER  TAMPERING  IN  THE  FIRST  DEGREE  AS
  DEFINED  IN  SECTION  156.27  OF  THE PENAL LAW, UNLAWFUL DUPLICATION OF
  COMPUTER RELATED MATERIAL AS DEFINED IN SECTION 156.30 OF THE PENAL LAW,
  CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL AS DEFINED  IN  SECTION
  156.35 OF THE PENAL LAW AND DISSEMINATING INDECENT MATERIAL TO MINORS IN
  THE FIRST DEGREE AS DEFINED IN SECTION 235.22 OF THE PENAL LAW.
    (V)  USE  OF  A  CHILD  IN  A SEXUAL PERFORMANCE AS DEFINED IN SECTION
  263.05 OF THE PENAL LAW, PROMOTING AN OBSCENE SEXUAL  PERFORMANCE  BY  A
  CHILD  AS  DEFINED  IN  SECTION  263.10  OF THE PENAL LAW, POSSESSING AN
  OBSCENE SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN  SECTION  263.11  OF
  THE  PENAL  LAW, PROMOTING A SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN
  SECTION 263.15 OF THE PENAL LAW, POSSESSING A SEXUAL  PERFORMANCE  BY  A
  CHILD AS DEFINED IN SECTION 263.16 OF THE PENAL LAW.
    S  4.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
  law, as amended by chapter 405 of the laws of 2010, is amended  to  read
  as follows:

    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
  135.25  relating  to  kidnapping; section 135.35 relating to labor traf-
  ficking; section 135.65 relating to coercion;  sections  140.20,  140.25
  and  140.30  relating  to  burglary;  sections 145.05, 145.10 and 145.12
  relating to criminal mischief; article one  hundred  fifty  relating  to
  arson;  sections  155.30,  155.35,  155.40  and 155.42 relating to grand
  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
  care  fraud;  article  one  hundred  sixty relating to robbery; sections
  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
  terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
  170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and

 S. 2510                             4

  176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
  to  criminal  diversion  of  prescription medications and prescriptions;
  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
  200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00,
  215.05 and 215.19 relating to bribery; sections 187.10,  187.15,  187.20
  and  187.25  relating  to residential mortgage fraud[,]; sections 190.40
  and 190.42 relating  to  criminal  usury;  section  190.65  relating  to
  schemes  to  defraud;  sections  205.60 and 205.65 relating to hindering
  prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and
  contempt; section 215.40 relating to tampering with  physical  evidence;
  sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,
  220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled
  substances;  sections  225.10  and 225.20 relating to gambling; sections
  230.25, 230.30, and 230.32 relating to promoting  prostitution;  section
  230.34  relating to sex trafficking; sections 235.06, 235.07, 235.21 and
  235.22 relating to obscenity; sections  263.05,  263.10  [and],  263.11,
  263.15  AND  263.16  relating  to  [promoting] a sexual performance by a
  child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13  and  the
  provisions  of  section  265.10  which  constitute  a felony relating to
  firearms and other dangerous weapons; and  sections  265.14  and  265.16
  relating  to  criminal  sale  of  a firearm; and section 275.10, 275.20,
  275.30, or 275.40 relating to unauthorized  recordings;  [and]  sections
  470.05,  470.10,  470.15  and  470.20  relating  to money laundering AND
  SECTION 495.00 RELATING TO COMPUTER SEX CRIMES; or
    S 5. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.