Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to codes |
Jan 05, 2011 |
referred to codes |
Senate Bill S1096
2011-2012 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
(D, WF) Senate District
2011-S1096 (ACTIVE) - Details
2011-S1096 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1096 TITLE OF BILL: An act to amend the penal law, in relation to creating the crime of criminal luring or enticing of a child on the internet PURPOSE OR GENERAL IDEA OF BILL: Creates the crime of luring or enticing a child on the Internet. SUMMARY OF SPECIFIC PROVISIONS: Defines criminal luring or enticing of a child on the Internet as engaging a child in conversation on the Internet or some Internet-enabled electronic device, and luring or attempting to lure a child to an area where the person might engage in a violent/sexual act to harm the child through: * The misrepresentation of their identity * The misrepresentation of their intent or purpose * A false request of help or reward Subsection 1 defines the words "child", "misrepresentation", and "person" for the purposes of subsection 2, which establishes that the
2011-S1096 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1096 2011-2012 Regular Sessions I N S E N A T E January 5, 2011 ___________ Introduced by Sens. PARKER, KLEIN, PERKINS -- 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 creating the crime of criminal luring or enticing of a child on the internet 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 section 260.09 to read as follows: S 260.09 CRIMINAL LURING OR ENTICING OF A CHILD ON THE INTERNET. 1. WHENEVER SUCH TERM IS USED IN THIS SECTION: (A) "CHILD" SHALL MEAN SOMEONE UNDER THE AGE OF EIGHTEEN YEARS; AND (B) "MISREPRESENTATION" SHALL MEAN ANY COMMUNICATION BY WORDS OR ANY OTHER MEANS MADE BY A PERSON, HAVING THE INTENT OF DECEIVING OR HAVING THE KNOWLEDGE THAT SUCH COMMUNICATION IS FALSE, TO A CHILD FOR THE PURPOSE OF INDUCING AN ACT OR AN OMISSION BY SUCH CHILD; AND (C) "PERSON" SHALL MEAN SOMEONE TWENTY-ONE YEARS OF AGE AND OLDER; OR SOMEONE UNDER TWENTY-ONE YEARS OF AGE AND AT LEAST FOUR YEARS OLDER THAN A CHILD. 2. A PERSON IS GUILTY OF CRIMINAL LURING OR ENTICING OF A CHILD ON THE INTERNET WHEN HE OR SHE INTENTIONALLY OR KNOWINGLY ENGAGES A CHILD IN CONVERSATION ON THE INTERNET OR SOME OTHER ELECTRONIC DEVICE, AND LURES OR ATTEMPTS TO LURE A CHILD INTO AN AREA AND ENTICES, BY MISREPRESEN- TATION OF THEIR IDENTITY, AGE, INTENT OR PURPOSE, OR ATTEMPTS TO ENTICE SUCH CHILD INTO AN ACTIVITY BY, INCLUDING BUT NOT LIMITED TO, FALSELY REQUESTING HELP OR PROMISING A REWARD, WHERE SUCH ACTIVITY OR SUCH AREA IS LIKELY TO LEAD TO AN INJURY TO THE PHYSICAL, MENTAL OR MORAL WELFARE OF SUCH CHILD. 3. IT IS NOT AN AFFIRMATIVE DEFENSE TO A PROSECUTION FOR A VIOLATION OF THIS SECTION THAT: (A) THE CHILD WAS ACTUALLY A LAW ENFORCEMENT OFFICER POSING AS A CHILD; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01611-01-1
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