BILL NUMBER:A10170

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:    Creates  the  crime  of  luring or enticing a child on the
internet.

SUMMARY OF PROVISIONS:  Defines criminal luring or enticing of a child
on the internet as engaging a child in conversation on the internet or
some other 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
luring  or enticement of a child through electronic means is a class C
felony. Subsection 3 states that it is not an affirmative defense to a
prosecution for a violation of Section  1  that:  (a)  the  child  was
actually a law enforcement officer posing as a child; or (b) a meeting
              

did not occur.

JUSTIFICATION:    With  the recent rise of the use of the Internet all
over the world as well as in the state of New York,  the  increase  in
children  using  the  internet  is  rising  in phenomenal numbers. The
Internet has always been a modem information center where  anyone  can
access any kind of information. However, the Internet is becoming what
the  New  York State Commission of Investigations (NYSI) states, "as a
modem play-ground" for children as  for  such  networking  sites  like
myspace.com and Facebook.com The sad tragedy is that children all over
the  world  as  well  as  in  the Great State of New York are becoming
victims  of  cyber  predators.  Such  children  will   especially   be
vulnerable  to  adults  who lure other children to an area that is not
well known to them, or make  false  promises  or  rewards,  and  these
children   would   be   extremely   endangered  in  these  situations.
Legislation must be developed to protect  New  York  children  in  the
long-term  and such legislation must be substantive and innovative. In
the state of New York, there  is  no  statute  that  criminalizes  the
luring  of children/minor by using means such as the Internet (as well
as  other  electronic  means  such  as  cell  phones,  PDAs,  and  any
electronic  devices).  The only legislation that the state of New York
can use to prosecute an offender is under Endangering the Welfare of a
Child, which is a  Felony  A  class  misdemeanor.  We  must  introduce
legislation  that  forbids  offenders from luring children by means of
using the Internet or any other devices. Thus, New York  State  should
criminalize,  as a class C felony, the act of enticing a child into an
area or  act  by  false  promises  or  rewards,  misrepresentation  of
identity,  purpose  and  intent,  where  the  child's welfare would be
endangered for the purpose of committing a violent or  sexual  attack.
Punishment  by  the  offender should be bold, yet, it should deter the
people of New York from committing such an offense. By  creating  this


new  statute,  police  officials  and  lawyers will be able to protect
children and the general public as well as give law  enforcement  more
flexibility to prosecuting online predators. The time is now to be one
step ahead of cyber predators and protect the children of New York.

LEGISLATIVE HISTORY: 2009: 5.4432 - Referred to Codes.

FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE:   This act shall take effect on the first of November
next succeeding the date on which it shall have become law.