Bill S5263-2013

Relates to establishing the crime of allurement of a minor through electronic means

Establishes the crime of allurement of a minor through electronic means.

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  • Jan 8, 2014: REFERRED TO CODES
  • May 15, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S5263

TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of allurement of a minor through electronic means

PURPOSE OR GENERAL IDEA OF BILL: Establishes a criminal penalty against an adult who uses an electronic device to sexually lure a minor and an enhanced penalty for repeat offenders.

SUMMARY OF SPECIFIC PROVISIONS:

Section One amends the penal law by adding a new section 263.17 and 263.18, establishing the crime of allurement of a minor through electronic means in the second degree and allurement of a minor through electronic means in the first degree. Allurement in the second degree is classified as an A misdemeanor, and allurement in the first degree is classified as an E felony. Allurement will not include sexual communications from one minor to another, nor will it include sexual communications between persons age 18 with persons age 15 and over, nor communications with persons age 21 and under with persons age 17. These provisions correlate with the age of consent currently contained in other sections of the penal law.

Section Two is the effective date.

JUSTIFICATION: Adult predators use computers, iPhones, and other electronic devices to lure underage minors for the purpose of sexual contact. By establishing the crime of allurement of a minor through electronic means, the police will be able to obtain a search warrant to inspect other electronic devices owned by the predator, to determine if other minor victims exist. In many cases, when a predator is caught, the police investigation reveals that other children have been victimized. Television shows, such as "Perverted Justice" and "To Catch a Predator" have highlighted the prevalence of technology being used to lure children. The predators caught on camera often claim that they are first time offenders, but police investigations have proven the opposite.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect ninety days after becoming law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5263 2013-2014 Regular Sessions IN SENATE May 15, 2013 ___________
Introduced by Sen. ZELDIN -- 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 crime of allurement of a minor through electronic means 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 two new sections 263.17 and 263.18 to read as follows: S 263.17 ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS IN THE SECOND DEGREE. ANY INDIVIDUAL WHO KNOWINGLY ENGAGES IN SEXUAL COMMUNICATION FOR THE PURPOSE, IN WHOLE OR SUBSTANTIAL PART, OF HIS OR HER OWN SEXUAL GRATIFI- CATION, INCLUDING TEXT MESSAGES OR PICTURES, WITH AN INDIVIDUAL WHOM HE OR SHE KNOWS TO BE A MINOR, THROUGH ANY ELECTRONIC MEANS SHALL BE GUILTY OF THE CRIME OF ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS. THE CRIME OF ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS SHALL NOT APPLY TO COMMUNICATIONS SENT FROM ONE MINOR TO ANOTHER, TO COMMUNICATIONS SENT BY A PERSON AGE TWENTY-ONE OR UNDER TO A PERSON AGE SEVENTEEN OR OLDER, NOR TO COMMUNICATIONS FROM A PERSON AGE EIGHTEEN TO A PERSON AGE FIFTEEN OR OVER. ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR. S 263.18 ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS IN THE FIRST DEGREE. A PERSON IS GUILTY OF ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS IN THE SECOND DEGREE, AND HAS PREVIOUSLY BEEN CONVICTED OF SUCH CRIME WITHIN THE PRECEDING TEN YEARS. ALLUREMENT OF A MINOR THROUGH ELECTRONIC MEANS IN THE FIRST DEGREE IS A CLASS E FELONY. S 2. This act shall take effect on the ninetieth day after it shall have become a law.

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