Bill S2620-2013

Establishes the offenses of promoting and possessing a sex offense against a child

Establishes the class B felony of promoting a sex offense against a child for producing, directing or promoting any visual or audio representation of the commission of a sex offense against a person under the age of 16 years; establishes the class C felony of possessing a sex offense against a child for knowingly possessing any such representation; designates both such felonies as violent felony offenses.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 23, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S2620

TITLE OF BILL: An act to amend the penal law, in relation to establishing the offenses of promoting and possessing a sex offense against a child

PURPOSE: This bill creates the new crimes of promoting and possessing a sex offense with a child. Additionally, it directly addresses the solicitation and/or participation in such acts via a computer network (i.e. the internet, Instant message, e-mail, blog, etc.).

SUMMARY OF PROVISIONS: State Penal Law is amended to establish the new crime of promoting a sex offense against a child as a Class B violent felony and possessing a sex offense against a child as a Class C violent felony.

JUSTIFICATION: Without question, the proliferation of modern technology has enhanced our lives in countless ways. Unfortunately, child predators are also using modern technology to promote their sexual crimes against children. In cyberspace, child predators are not limited by the traditional boundaries of time and geography. The Internet has provided these predators with a worldwide forum where like-minded pedophiles have formed online communities which openly discuss and provide mutual support for their perverted philosophies and activities.

Computer Networks and the internet also supply child predators with the tools they need to promote their criminal activities in the form of anonymity, ease of accessibility and real time communication with other persons of the pedophile community. Emboldened by this sense of community and support, child predators have become more impudent and explicit in their exploitation of children. This was seen recently in Jamestown, NY, where a 55-year-old man performed sexual acts with a 9-year-old female and broadcast it live over the Internet. While the predator was having sex with the child, Internet viewers sent instant messages, offering suggestions of abuse.

This legislation seeks to remove the cloak of security pedophiles have found within the Internet. By creating these new crimes and directly addressing the solicitation and/or participation in such heinous acts by other Internet users (i.e. Instant message, e-mail, blog, etc.), this bill accurately reflects the full scope of injury inflicted by these Internet crimes against children.

LEGISLATIVE HISTORY: 2011,2012: S.746-B Passed Senate 2009,2010: S.3411 Referred to Codes 2007,2008: S.3245/A.8745 Passed Senate 2005,2006: S.5685-A Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2620 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________
Introduced by Sens. YOUNG, AVELLA, BONACIC, DeFRANCISCO, GALLIVAN, GOLD- EN, LANZA, LARKIN, MAZIARZ, O'MARA, 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 establishing the offenses of promoting and possessing a sex offense against a child THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (b) of subdivision 1 of section 70.02 of the penal law, paragraph (a) as amended by chapter 320 of the laws of 2006 and paragraph (b) as amended by chapter 1 of the laws of 2013, are amended to read as follows: (a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, PROMOTING A SEX OFFENSE AGAINST A CHILD AS DEFINED IN SECTION 263.35, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as
defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47. (b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggra- vated criminally negligent homicide as defined in section 125.11, aggra- vated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, POSSESSING A SEX OFFENSE AGAINST A CHILD AS DEFINED IN SECTION 263.40, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemi- cal weapon or biological weapon in the third degree as defined in section 490.37. S 2. Section 263.00 of the penal law is amended by adding a new subdi- vision 10 to read as follows: 10. "COMPUTER NETWORK" MEANS THE INTERCONNECTION OF HARDWARE OR WIRE- LESS COMMUNICATION LINES WITH A COMPUTER THROUGH REMOTE TERMINALS, OR A COMPLEX CONSISTING OF TWO OR MORE INTERCONNECTED COMPUTERS. S 3. The penal law is amended by adding two new sections 263.35 and 263.40 to read as follows: S 263.35 PROMOTING A SEX OFFENSE AGAINST A CHILD. A PERSON IS GUILTY OF PROMOTING A SEX OFFENSE AGAINST A CHILD WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE PRODUCES, DIRECTS OR PROMOTES ANY VISUAL OR AUDIO REPRESENTATION OF THE COMMISSION OF ANY OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THIS PART AGAINST A CHILD LESS THAN SIXTEEN YEARS OF AGE, INCLUDING THE DISSEMINATION OF ANY SUCH REPRESENTATION THROUGH A COMPUTER NETWORK. PROMOTING A SEX OFFENSE AGAINST A CHILD IS A CLASS B FELONY. S 263.40 POSSESSING A SEX OFFENSE AGAINST A CHILD. A PERSON IS GUILTY OF POSSESSING A SEX OFFENSE AGAINST A CHILD WHEN, KNOWING THE CHARACTER AND CONTENT THEREOF, HE OR SHE KNOWINGLY HAS IN HIS OR HER POSSESSION OR CONTROL ANY VISUAL OR AUDIO REPRESENTATION OF THE COMMISSION OF ANY OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THIS PART AGAINST A CHILD LESS THAN SIXTEEN YEARS OF AGE. POSSESSING A SEX OFFENSE AGAINST A CHILD IS A CLASS C FELONY. S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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