Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 24, 2016 |
referred to codes delivered to assembly passed senate |
May 23, 2016 |
ordered to third reading cal.954 committee discharged and committed to rules |
Mar 21, 2016 |
print number 871a |
Mar 21, 2016 |
amend and recommit to codes |
Jan 06, 2016 |
referred to codes returned to senate died in assembly |
May 19, 2015 |
referred to codes delivered to assembly passed senate |
May 18, 2015 |
ordered to third reading cal.705 committee discharged and committed to rules |
Jan 07, 2015 |
referred to codes |
Senate Bill S871A
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
2015-S871 - Details
2015-S871 - Sponsor Memo
BILL NUMBER:S871 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-3 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
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
(R, C, IP) Senate District
(R, C, G, IP, SC) Senate District
2015-S871A (ACTIVE) - Details
2015-S871A (ACTIVE) - Sponsor Memo
BILL NUMBER: S871A 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-3 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.
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
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