Senate Bill S871A

2015-2016 Legislative Session

Creates computer sex crimes against children

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2015-S871 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Title Y-3 Art 497 §§497.00 & 497.05, amd §460.10, Pen L; amd §§200.50 & 700.05, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1459
2011-2012: S714
2013-2014: S2510
2017-2018: S297

2015-S871 - Summary

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.

2015-S871 - Sponsor Memo

2015-S871 - Bill Text download pdf

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

                                   871

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

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-3 to read
as follows:
                                TITLE Y-3
                  COMPUTER SEX CRIMES AGAINST CHILDREN
                               ARTICLE 497
                  COMPUTER SEX CRIMES AGAINST CHILDREN
SECTION 497.00 COMPUTER SEX CRIMES.
        497.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
S 497.00 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, COMPUTER  SERVICE,  CELL  PHONE,
TEXT  MESSAGE,  INSTANT MESSAGE, OR SOCIAL MEDIA PLATFORM TO COMMUNICATE
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 497.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
  1.  WHEN  A  PERSON  IS  CONVICTED OF A COMPUTER SEX CRIME PURSUANT TO
SECTION 497.00 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.
                                                           LBD03852-01-5
              

co-Sponsors

2015-S871A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Title Y-3 Art 497 §§497.00 & 497.05, amd §460.10, Pen L; amd §§200.50 & 700.05, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1459
2011-2012: S714
2013-2014: S2510
2017-2018: S297

2015-S871A (ACTIVE) - Summary

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.

2015-S871A (ACTIVE) - Sponsor Memo

2015-S871A (ACTIVE) - Bill Text download pdf

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

                                 871--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced by Sens. ROBACH, FUNKE -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Codes -- recommitted
  to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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-3 to read
as follows:
                                TITLE Y-3
                  COMPUTER SEX CRIMES AGAINST CHILDREN
                               ARTICLE 497
                  COMPUTER SEX CRIMES AGAINST CHILDREN
SECTION 497.00 COMPUTER SEX CRIMES.
        497.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.
S 497.00 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, COMPUTER  SERVICE,  CELL  PHONE,
TEXT  MESSAGE,  INSTANT MESSAGE, OR SOCIAL MEDIA PLATFORM TO COMMUNICATE
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 497.05 SENTENCE OF IMPRISONMENT FOR COMPUTER SEX CRIMES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03852-03-6

              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.