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Assembly Bill A3789

2009-2010 Legislative Session

Creates the crime of facilitating a sex offense through electronic communication

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Archive: Last Bill Status - In Assembly Committee

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2009-A3789 (ACTIVE) - Details

See Senate Version of this Bill:
S2108
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §130.93, amd §120.40, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1741
2013-2014: S3839

2009-A3789 (ACTIVE) - Summary

Creates the crime of facilitating a sex offense through electronic communication, a class D felony; defines electronic communication to include the transfer of electronic communication through the internet.

2009-A3789 (ACTIVE) - Bill Text download pdf 

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

                                  3789

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER,  ALFANO, BARRA -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to the crime of  facilitating
  a sex offense through electronic communication

  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 130.93  to
read as follows:
S 130.93 FACILITATING A SEX OFFENSE THROUGH ELECTRONIC COMMUNICATION.
  A  PERSON  IS  GUILTY OF FACILITATING A SEX OFFENSE THROUGH ELECTRONIC
COMMUNICATION WHEN, WITH INTENT TO CAUSE  SEXUAL  CONTACT  WITH  ANOTHER
PERSON, HE OR SHE KNOWINGLY ENCOURAGES, SUGGESTS, ORDERS, AIDS OR OTHER-
WISE  PARTICIPATES  THROUGH  ELECTRONIC  COMMUNICATION  WITH ONE OR MORE
PERSONS TO ENGAGE IN A SEX OFFENSE  AS  DEFINED  IN  THIS  ARTICLE  WITH
ANOTHER PERSON.
  FACILITATING A SEX OFFENSE THROUGH ELECTRONIC COMMUNICATION IS A CLASS
D FELONY.
  S 2. Section 120.40 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
  6.  "ELECTRONIC  COMMUNICATION"  MEANS ANY TRANSFER OF SIGNS, SIGNALS,
WRITINGS, IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE  TRANSMIT-
TED  IN  WHOLE OR IN PART BY A WIRE, RADIO, ELECTROMAGNETIC, PHOTO-ELEC-
TRONIC, OR PHOTO-OPTICAL SYSTEM. ELECTRONIC COMMUNICATION INCLUDES,  BUT
IS NOT LIMITED TO, THE TRANSFER OF THAT COMMUNICATION THROUGH THE INTER-
NET.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06811-01-9

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